Agenda item

To consider planning application 24/00793/FUL Conversion of a range of traditional curtilage listed buildings into 5 dwellings at Land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP.

Resolved

That planning application 24/00793/FUL Conversion of a range of traditional curtilage listed buildings into 5 dwellings at land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP be APPROVED subject to the stated planning conditions and the prior completion of an appropriate deed securing obligations required to meet nutrient neutrality measures conditions, and an amendment to conditions 21 and 23 as follows:

Condition 21: -

No development shall be carried out until an appropriate Section 106 agreement is entered into by the relevant parties to secure the following nutrient neutrality measures:

1. Provision of evidence that the PTP being used for mitigation has been installed, and the existing septic tank has been decommissioned, prior to occupation of the development, as detailed in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by Halpin Robbins, 14August 2024, and the Shadow Habitats Regulation Assessment provided by Halpin Robbins, 09 October 2024.
2. Provision of a management and monitoring plan for the PTP being used as mitigation – this should show that the PTP will be maintained in perpetuity (80-125years)
3. Provision of evidence that the PTP(s) being installed to serve the development is installed as detailed in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by HalpinRobbins, 14 August 2024, and the Shadow Habitats Regulation Assessment provided by HalpinRobbins, 09 October 2024.
4. Provision of a management and monitoring plan for the PTP(s) being installed to serve the development - this should show that the PTP(s) will be maintained in perpetuity (80-125years)
5. Provision of an implementation, management and monitoring plan for the water saving devices being installed in the Farmhouse to ensure that the water usage is brought down to 120l/p/d, as described in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by HalpinRobbins, 14 August 2024, and the Shadow Habitats Regulation Assessment provided by HalpinRobbins, 09 October 2024. This should show that the water saving devices will be maintained in perpetuity (80-125years) and replaced when needed.

Reason: In the interests of the integrity of a European site, the ‘Favourable Conservation Status’ of populations of European Protected Species and UK protected species, UK priority and habitats listedon s41 of the Natural Environment and Rural Communities Act 2006, and in accordance with Somerset District Council Local Plan - Policy EQ4 Biodiversity and Chapter 15 of the National Planning Policy Framework

Condition 23: -

Prior to progression of any part of the development hereby permitted above damp proof coursing, a landscape scheme shall be submitted and approved in writing by the local planning authority.  The scheme shall include a scaled plan identifying:

a)            All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

b)            All proposed hardstanding and boundary treatment, including the area adjacent to the parking spaces for barns C,D and E. Details shall include the size/design of any gates, walls and fences

All planting, seeding and turfing comprised within the approved scheme shall be carried out in the first planting season following the completion of the development and any trees or plants, including existing vegetation to be retained, which within a period of 5 years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next available planting season with others of a similar size and the same species. The approved hard landscaping (including details of the access) details shall be provided within four weeks of the development being brought into use, and shall be retained for the life of the development.

Reason: To ensure the landscaping is of a high quality in accordance with policy EQ2 of the South Somerset Local Plan and the provisions of the National Planning Policy Framework.

Voting: 9 in favour, 1 abstention.

The Planning Officer presented agenda items 7 (24/00793/FUL) and 8 (24/00794/LBC) together with the aid of a Powerpoint presentation highlighting the key elements of the proposals including:  

• Site location 

• Proposed plans 

• Elevations 

• Existing site photographs 

? 

He advised that these applications were being brought to committee because Somerset Council are the applicants. He confirmed that since the report was published legal advice had been sought, and contrary to what is currently stated in para 3.1, it is recommended that a legal agreement in the form of a deed poll is required, with a reinforcing Grampian condition to ensure that the buyers of the land enter into a S106 agreement that secures the relevant nutrient neutrality obligations. See decision below for full details.   

?There were no members of the public registered to speak.  

? 

In response to questions from Members the Planning Officer confirmed that:- 

• Solar PV is not recommended as it would not be in keeping with the rural character and historic setting of the area. 

• The parking can be managed so that residents are parking in designated parking spaces only.  

• The Councils Conservation officer officer has concluded that whilst the concerns raised by the Society for the Protection of Ancient Buildings and the Council for British Archaeology are noted, great weight is given to the views of the Somerset Council Conservation Officer and the conditions recommended will be imposed in the event that permission is granted.  

During debate members were largely supportive of the proposals, and taking the applications in turn;

Planning application 24/00793/FUL Councillor Kerley proposed to move the officer’s recommendation to approve the application, and this was seconded by Councillor Power. On being put to the vote, the proposal was carried by 9 in favour and 1 abstention.

For the associated listed building consent 24/00794/LBC Councillor Seib proposed to move the officer’s recommendation to approve the consent, and this was seconded by Councillor Power. On being put to the vote this was carried by 10 in favour.  

Resolved

That planning application 24/00793/FUL Conversion of a range of traditional curtilage listed buildings into 5 dwellings at land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP be APPROVED subject to the stated planning conditions and the prior completion of an appropriate deed securing obligations required to meet nutrient neutrality measures conditions, and an amendment to conditions 21 and 23 as follows:

Condition 21: -

No development shall be carried out until an appropriate Section 106 agreement is entered into by the relevant parties to secure the following nutrient neutrality measures:

1. Provision of evidence that the PTP being used for mitigation has been installed, and the existing septic tank has been decommissioned, prior to occupation of the development, as detailed in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by Halpin Robbins, 14August 2024, and the Shadow Habitats Regulation Assessment provided by Halpin Robbins, 09 October 2024.
2. Provision of a management and monitoring plan for the PTP being used as mitigation – this should show that the PTP will be maintained in perpetuity (80-125years)
3. Provision of evidence that the PTP(s) being installed to serve the development is installed as detailed in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by HalpinRobbins, 14 August 2024, and the Shadow Habitats Regulation Assessment provided by HalpinRobbins, 09 October 2024.
4. Provision of a management and monitoring plan for the PTP(s) being installed to serve the development - this should show that the PTP(s) will be maintained in perpetuity (80-125years)
5. Provision of an implementation, management and monitoring plan for the water saving devices being installed in the Farmhouse to ensure that the water usage is brought down to 120l/p/d, as described in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by HalpinRobbins, 14 August 2024, and the Shadow Habitats Regulation Assessment provided by HalpinRobbins, 09 October 2024. This should show that the water saving devices will be maintained in perpetuity (80-125years) and replaced when needed.

Reason: In the interests of the integrity of a European site, the ‘Favourable Conservation Status’ of populations of European Protected Species and UK protected species, UK priority and habitats listedon s41 of the Natural Environment and Rural Communities Act 2006, and in accordance with Somerset District Council Local Plan - Policy EQ4 Biodiversity and Chapter 15 of the National Planning Policy Framework

Condition 23: -

Prior to progression of any part of the development hereby permitted above damp proof coursing, a landscape scheme shall be submitted and approved in writing by the local planning authority.  The scheme shall include a scaled plan identifying:

a)            All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

b)            All proposed hardstanding and boundary treatment, including the area adjacent to the parking spaces for barns C,D and E. Details shall include the size/design of any gates, walls and fences

All planting, seeding and turfing comprised within the approved scheme shall be carried out in the first planting season following the completion of the development and any trees or plants, including existing vegetation to be retained, which within a period of 5 years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next available planting season with others of a similar size and the same species. The approved hard landscaping (including details of the access) details shall be provided within four weeks of the development being brought into use, and shall be retained for the life of the development.

Reason: To ensure the landscaping is of a high quality in accordance with policy EQ2 of the South Somerset Local Plan and the provisions of the National Planning Policy Framework.

Voting: 9 in favour, 1 abstention.