Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllr Ben Ferguson who was substituted by Cllr Leigh Redman.

To receive and note any declarations of disclosable pecuniary or prejudicial or personal interests in respect of any matters included on the agenda for consideration at this meeting.

(The personal interests of Councillors of Somerset Council, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.)

Cllr B Filmer confirmed that he had taken part in the referral process in respect of applications 07-23-00006 and 07-23-00007. But that he retained an open mind and would listen to all the merits of the argument before casting his vote.

Cllrs M Martin, A Hendry, A Bradford, B Filmer, H Bruce and M Murphy all declared an Other Registrable Interest as they were members of the Drainage Boards.

Cllr A Bradford declared a Non-Registerable Interest in respect of application 38-23-00001 as the applicant was his Nephew.

Cllr T Grimes declared an Other Registerable interest in respect of applications 07-23-00006 and 07-23-00007 as he was the Division Member but had taken no part in discussions on the applications.

The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.

For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.

We are now live webcasting most of our committee meetings and you are welcome to view and listen to the discussion. The link to each webcast will be available on the meeting webpage, please see details under ‘click here to join online meeting’.

No members of the public had registered to address the Committee.

To consider Major Planning application for change of use of agricultural land to dog training, including the erection of training shed, equipment store, fencing, parking provisions and landscaping.

The Planning Officer introduced the application to the Committee with the assistance of a PowerPoint presentation.  As an update to his written report, he confirmed that a waste management plan had now been received and that a professional waste company would be removing the dog waste and that Condition 7 would now need to be reworded to a compliance condition.

The Committee were addressed by a resident, a representative of the Parish Council and a Division Member.  Their comments included: -

·         The narrow roads leading to the premises, with few passing points and a history of accidents.

·         The additional number of vehicles movements caused by the development.

The Committee were addressed by the applicants.  Their comments included:

·         The benefits of the gun dog training that they provided.

·         That the business was closed on Monday and Tuesday (0 car movements)

·         From Wednesday to Saturday, they had one class and 3x one to ones (max 9 visitors, 18 car movements).

·         On Sunday they held four classes (max 24 visitors, 48 car movements) which were held half an hour apart.

Members, whilst conscious of the concerns raised by the various parties, were also aware that Highways had raised no objections to this semi-retrospective application. It was felt that if the number of vehicle movements could be restricted to its current level it would be appropriate to grant permission.

At the conclusion of the debate, it was proposed by Cllr Bruce and seconded by Cllr Hendry that the application be approved subject to an amendment to Condition 7, and a condition restricting the number of vehicle movements to those set out in the Officer’s report.

On being put to the vote the proposal was carried by 10 votes in favour, 3 votes against.

Resolved

To Grant Permission subject to the following conditions and subject to an amendment to Condition 7 and the additional condition as detailed by the officer regarding restriction on car movements to and from the site in connection with the use hereby approved, the wording of these conditions to be delegated to the Service Manager Planning North to be agreed in consultation with the Chair and Vice-Chair of Planning Committee - North:

1.     The development hereby permitted shall be carried out in accordance with the approved plans listed in schedule A.

Reason: For the avoidance of doubt and in the interests of proper planning.

2.    There shall be no obstruction to visibility greater than 600 millimetres above adjoining road level of Waldrons Lane in advance of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 60m either side of the access. Such visibility shall be fully provided before the development hereby permitted is brought into use and shall thereafter be maintained at all times.

Reason: In the interests of highway safety in accordance with Policy D14 of the Sedgemoor Local Plan.

3.    The areas allocated for vehicle parking, loading and unloading, and turning on  ...  view the full minutes text for item 4.

To consider application for the erection of first floor extension with two storey extension to the NE and SW elevations and formation of new vehicular access.

The Planning Officer introduced the application to the Committee with the assistance of a slide presentation.

The Committee were addressed by a representative of the parish council.  Their comments included:

·         Replacing an old bungalow with a modern house was overdevelopment.

·         The first-floor large, glazed windows were out of character and the dwelling would have a detrimental impact in terms of visual amenity.

The Committee were addressed by the Agent.  Their comments included:

·         It was a larger than average plot and the proposal has the same footprint as the original bungalow.

·         By accommodating the first-floor bedrooms within the roof space they had managed to reduce the Ridge height to below the roofline of the neighbouring red brick house and only 1.8 metres higher than the neighbouring bungalow to ensure that it was not overbearing or resulted in the loss of daylight to the neighbouring properties.

During discussion, Members commented that whilst the village had a diverse range of dwellings the large gable feature on the front, in blue lias, was not in keeping.

A proposal was made, and seconded, that the application be approved subject to the gable being in red brick. On being put to the vote the proposal was lost by 6 votes in favour, 7 against.

Members then discussed what their main concerns were and agreed that it was purely the visual appearance of the front elevation and dominance of the gable feature.

It was then proposed by Cllr Murphy and seconded by Cllr Bradford that the application be deferred in order for officers and the agent to negotiate and continue with this application. On being put to the vote the proposal was unanimously carried.

Resolved

To defer the application.

The Committee then adjourned for a 15 minute comfort break.

To consider an application for the erection of 1no. detached dwelling (revised scheme).

Upon re-adjournment the Planning Officer introduced the application to the Committee with the assistance of a slide presentation. 

The Committee were addressed by a representative of the parish council.  Their comments included:

·         The applicant wished to remain living at the site where they had lived for nearly all of their life.

·         The junction and side road had been established many years ago and had clear visibility in both directions.

·         He was not aware of any accidents at that junction within the last 25 years and the Parish Council saw no reason to refuse the application.

The Committee were addressed by the Agent.  Their comments included:

·         The only issue with the application was highways and that the standing advice applied to new developments.

·         There was no evidence to suggest that the development scheme for one additional single dwelling would have any material effect on the safe operation of the local surrounding road network.

Members discussed the highways issues and after looking at the presentation photos and hearing from local councillors who pointed out that with a blind bend to one side and a blind hill brow to the other traffic coming from both directions was likely to be slow.

The Committee believed it was in an appropriate sustainable location and in balancing this against the highway considerations, which they considered fairly minor, as the access was already being used by three properties, concluded that in this instance the proposal was acceptable. It was subsequently proposed by Cllr Filmer and seconded by Cllr Slocombe to recommend approval of the application subject to the imposition of appropriate conditions to be agreed in consultation with the Chair and Vice-Chair. On being put to the vote the proposal was carried unanimously.

Resolved

To grant permission subject to the imposition of appropriate conditions to be delegated to the Service Manage Planning North to be agreed, in consultation with the Chair and Vice-Chair of Planning Committee - North.

To consider an application for the erection of 1no. dwelling on site of existing stable block (to be demolished).

The Planning Officer introduced the application to the Committee with the assistance of a slide presentation.

At the conclusion of the presentation, it was proposed by Cllr Hendry and seconded by Cllr Slocombe that the application be approved subject to the conditions in the Planning Officer’s recommendation outlined in the report. On being put to the vote the proposal was carried unanimously.

Resolved

To grant permission subject to the following conditions:

1.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act, 1990 ( as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2.    The development hereby permitted shall be carried out in accordance with the approved plans listed in schedule A.

Reason: For the avoidance of doubt and in the interests of proper planning.

3.    The dwelling hereby permitted shall be planned, built and first occupied in an accordance with the definition of “self-build and custom housebuilding” as defined in the Self-build and Custom Housebuilding Act 2015 (as amended). The dwelling hereby permitted shall be first occupied by the applicant, Mr D Fear, as their sole or main residence.

Reason: Development in this location is only considered acceptable on the basis that it meets an identified local need for self or custom build development in accordance with Sedgemoor Local Plan 2011-2032 policy D9.

4.    Before the dwelling hereby approved is first occupied, the proposed parking provision as shown on approved Splay Diagram Drg No. 22-180-009 Rev A shall be provided with the parking area available for use. The parking area shall thereafter be maintained at all times. This parking area shall be used only for the parking of vehicles.

Reason: in the interest of highway safety in accordance with Policy D14 of the Local Plan.

5.    Prior to first occupation of the dwelling hereby permitted, the visibility splays as shown on approved drg no. 22-180-009 Rev A shall be delivered with no obstruction to visibility over 600mm with the visibility splays shown. Thereafter the splays shall be maintained and retained.

Reason: In the interest of highway safety and in accordance with policy D14 Sedgemoor Local Plan 2011-2032

6.    Prior to the construction above damp course level, a lighting design shall be submitted to, and approved in writing by the Local Planning Authority.

The design shall follow guidance note 08/18 Bats and artificial lighting in the UK (ILP and BCT 2018). The design shall show how and where external lighting, including any amenity and security lighting, will be installed, including through the provision of technical specifications so that it can be clearly demonstrated that areas to be lit or affected by light spill will not disturb or prevent bats using their territory, and details of how glare from internal lighting is to be mitigated through materials such as anti-glare glazing. All large, glazed areas on the south-western and north-eastern elevations of  ...  view the full minutes text for item 7.

To consider an Outline application with all matters reserved for the erection of up to 2no. dwellings with associated parking.

The Planning Officer introduced the application to the Committee with the assistance of a slide presentation.

The Committee were addressed by a resident in opposition to the application. Their comments included: -

·         The gap between her property and the fence appeared quite wide in the plans but was in fact about 4 foot at its widest reducing down to only 2 feet at the narrowest.

·         The proposed properties were very close the boundary fence and would cause overshadowing.

The Committee were addressed by the Agent. Their comments included:

·         It accorded with all relevant planning policies and the site fell within the established development boundary for the village.

·         It could clearly be seen from the indicative plan that two 3 bedroom properties with good levels of amenity space and sufficient parking could be accommodated on the site.

·         Any concerns could be addressed at the reserved matters stage.

In response to questions from Members, the Planning Officer advised that the application was for up to two dwellings.

The Committee, whilst understanding the neighbour’s concerns, acknowledged that it was only an outline application and that issues such as loss of light and distances from the boundary would be considered at the reserved matters stage. Consequently, it was proposed by Cllr Filmer and seconded by Cllr Slocombe that the application be approved subject to the conditions in the Planning Officer’s recommendation outlined in the report. On being put to the vote the proposal was carried unanimously.

Resolved

To Grant Permission subject to the following conditions:-

1.     Approval of the details of the access, appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

Plans and particulars of the reserved matters referred to above, relating to the access, appearance, landscaping, layout and scale, shall be submitted in writing to the local planning authority and shall be carried out as approved.

Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

The development hereby permitted shall be begun either before the expiration of [five] years from the date of this permission, or before the expiration of [two] years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reasons: The application was submitted as an outline application in accordance with the provisions of Article 5(1) of the Town and Country Planning (Development Management Procedure) Order 2015. In accordance with the provisions of Section 92 of the Town and Country Planning Act, 1990 (As amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2.    The development hereby permitted shall be carried out in accordance with the approved plans listed in schedule A.

Reason: For the avoidance of doubt and in the interests of proper planning.

3.    As part of the reserved matters application a programme of biodiversity mitigation and enhancement measures will  ...  view the full minutes text for item 8.

To consider an application for the erection of single storey extension to the East elevation.

The Planning Officer introduced the application to the Committee with the assistance of a PowerPoint presentation.

The Committee were addressed by a resident in opposition to the application.  Their comments included:-

·         That the application was for one long 83 foot structure that would be visually dominant.

·         The footprint of the dwelling would double.

·         Noise from the dog room

In response to questions from Members, the Planning Officer advised that the construction would have to comply with the current building regulations and, as part of a dwelling, would have to built to residential standards. Additionally, the side of the building nearest the neighbours would have a blank façade with no doors or windows so that any noise would be directed towards the applicants main living accommodation.

During discussion, Members acknowledged that there was a need to ensure that:-

·         The extension was used for personal domestic use only.

·         Permitted development rights should be removed to restrict any roof lights or openings facing the neighbouring properties.

At the conclusion of the debate, it was proposed by Cllr Hendry and seconded by Cllr Redman that the application be approved subject to the conditions in the Planning Officer’s recommendation outlined in the report together with a condition removing permitted development rights and a condition restricting it to personal not business use. On being put to the vote the proposal was carried by 9 votes in favour, 3 votes against.

Resolved

To Grant Permission subject to the following conditions and subject to the two additional conditions requested by members, the wording of these conditions to be delegated to the Service Manager Planning North to be agreed in consultation with the Chair and Vice-Chair of the Planning Committee - North.

1.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act, 1990 ( as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2             The development hereby permitted shall be carried out in accordance with the approved plans listed in schedule A.

Reason: For the avoidance of doubt and in the interests of proper planning.

3             With the exceptionof siteclearance andpreparation, nodevelopment hereby approvedshall becommenced untila landscapeplanting schemehas been submittedto andapproved inwriting bythe localplanning authority.  Such landscaping shall include a new native species hedgerow to the east boundary andthe plantingof 2x nativetrees (i.e.silver birch,common lime,English oak, alder)on theapplicants property.Unless agreedotherwise inwriting, the approvedscheme shallbe fullycarried outwithin ninemonths fromthe dateof commencement ofthe development.The trees/shrubsshall beprotected and maintained,and anydead ordying trees/shrubsshall bereplaced tothe satisfaction ofthe localplanning authorityfor aperiod offive yearsfollowing their planting.

Reason: Tosafeguard biodiversityand inthe interestsof  ...  view the full minutes text for item 9.

To consider an application for the installation of 11 internally illuminated signs to the front (South) elevation and 2 totem signs.

The Planning Officer introduced the application to the Committee with the assistance of a slide presentation.

Following clarity being given on the siting of the signage, it was proposed by Cllr Slocombe and seconded by Cllr Redman that the application be approved subject to the conditions in the Planning Officer’s recommendation outlined in the report. On being put to the vote the proposal was carried unanimously.

Resolved

To grant advertisement consent subject to the following conditions:

1.     No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

2.    No advertisement shall be sited or displayed so as to-

(a) endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

(b) obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

(c) hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

3.    Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

4.    Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

5.    Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

Reason for the above five conditions: To accord with the provisions of Schedule 2 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

The development hereby permitted shall be carried out in accordance with the approved plans listed in schedule A.

Reason: For the avoidance of doubt and in the interests of proper planning.

Schedule A

Location Plan Drg No. 17.159.01 Rev. A

Block Plan Drg No. SBP-8032-01 Rev A

Dunball Externals Drg No. C-SD8032-01 Rev. M Page 2 (received 17/03/2023)

Dunball Externals Drg No. C-SD8032-01 Rev. M Page 3 (received 17/03/2023)

Dunball Externals Drg No. C-SD8032-01 Rev. M Page 4 (received 17/03/2023)

Dunball Externals Drg No. C-SD8032-01 Rev. M Page 5 (received 17/03/2023)

Dunball Externals Drg No. C-SD8032-01 Rev. M Page 6 (received 17/03/2023)

Dunball Totem Drg No. C- SD8032 Page 2 of 3

Dunball Totem Drg No. C- SD8032 Page 3 of 3