Agenda, decisions and draft minutes

To receive any apologies for absence and notification of substitutions.

Apologies were received from Councillors Steven Pugsley and Gwil Wren. There were no substitutes.

To approve the minutes from the meetings of 1 May 2024 and 21 May 2024.

Resolved that the minutes of the Planning Committees - West held on 1 May 2024 and 21 May 2024 be confirmed as a correct record.

Resolved that the Minutes of the Planning Committee - West held on 1 May 2024 and 21 May 2024 be confirmed as a correct record of those meetings.

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

(The other registrable interests of Councillors of Somerset Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes: City, Town & Parish Twin Hatters - Somerset Councillors 2023 )

Cllr Simon Coles wished it to be minuted that he and the other committee members had received correspondence relating to Items 5, 6, 7 and 8 on the agenda.

Cllr Simon Coles wished it to be minuted that he and the other committee members had received correspondence relating to Items 5, 6, 7 and 8 on the agenda.

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.

Requests to speak at the meeting at Public Question Time must be made to the Monitoring Officer in writing or by email to democraticservicesteam@somerset.gov.uk  by 5pm on day, date, year – usually Wednesday before.

There were no public questions. Details of public speaking are captured under the minutes of the appropriate application.

There were no public questions. Details of public speaking are captured under the minutes of the appropriate application.

To consider an application for the installation and operation of solar farm together with associated works, equipment and infrastructure on land at Ham Farm, Creech St Michael.

Resolved:

To Grant Permission subject to the conditions as detailed within the Officer`s report and the update report.

(For 5, Against 3, Abstention 1)

The Planning Officer introduced the application with the aid of a power point presentation.
The Planning Officer referred Members to the Update Report which included amended conditions and responses to further representations received after publication of the report.  

The committee were addressed by a number of speakers in opposition to the application. Their comments included:

·       It was considered that the landscape would be blighted by the development and, there would be a negative impact on the landscape due to the topography of the land.

·       This was fertile agricultural land and should prioritise local growing and sustainability.

·       Rural setting would be destroyed

·       Proposal would harm the historical buildings in Ham Wharf and surroundings

·       The permission was for too long and 40 years was not a temporary period

·       No evidence provided on measures to tackle flooding

The committee were then addressed by supporters of the proposal who stated that there were few sites that were acceptable but there was a need to encourage “green power”. The solar panels could be landscaped with sheep able to graze underneath. This application was for temporary permission and would assist farmers with additional income.

The representative of the Parish Council stated to the committee that this site was prime agricultural land and was needed to sustain food production. He also commented on the timescale of the permission and that alternative green energy solutions should be used.

The committee also heard from the Division Member who reiterated that Ham was very small and subject to land and road flooding with an iconic landscape and protected sites. The land was also good for agricultural production and for food security.

The agent spoke on the application explaining that the applicants had undertaken 18 months due diligence and assessment of the proposal and had, met national policy with the land being used for grazing of cattle and for cattle feed.  There had also been a review of flood issues and there were no objections from the Environment Agency or Lead Local Flood Authority.

In response to questions and comments from Members, it was confirmed that there had been no objections from the Conservation Officer or Historic England. The land was not being used for food production and being used for grazing only. The majority of the site was not in Flood Zone 3 and conditions would be placed on the permission to mitigate any issues that had been raised.

During the discussion varying views were expressed by Members, however it was proposed by Councillor Henley to propose the Officer`s recommendation and this was seconded by Councillor Woods.

Resolved:

To Grant Permission subject to the conditions as detailed within the Officer`s report and the Update Report.

(For 5, Against 3, Abstention 1)

To consider an application for the conversion of barns into 4 No. dwellings with associated site works including the demolition of modern barns at Knights Farm, Cats Ash Road, Fitzhead, Taunton, TA4 3JX.

Resolved:

To Grant Permission subject to the conditions detailed within the Officer`s report with an additional condition as detailed by the Officer relating to the demolition of the existing buildings.

(Unanimous)

The Planning Officer introduced the application with the aid of a power point presentation. He updated the committee that further to his written report, an additional condition would be recommended relating to the demolition of the existing buildings on the site and removal of the materials on the site.

The committee were addressed by 4 objectors to the proposal and their comments included:

·       Listed building would be affected

·       Insufficient off-road parking

·       Access onto a 60mph road and not safe

·       No recreational space

·       Incompatible highway access with large farm vehicles and impact from farm

The committee were then addressed by supporters of the application. They commented that this was a sympathetic renovation of the barns and would enhance the area, that the Highway Authority had not objected to the application  and there was ample parking and good visibility for the access.

The Division Member also addressed the committee and stated that the design and plans for the proposal had been revised several times, however there were still concerns with the access.

The agent for the application spoke to the committee supporting the sensitive restoration of the buildings as they were redundant from farming. It was suggested that the residential buildings would not be affected by the work of the farm and that the highways elements had been assessed with no objections.

In response to questions from Members, the Planning Officer advised that there would be 2 parking spaces for the occupants of the barns plus 2 visitor spaces. There was also provision for the neighbours as previously provided. It was also confirmed that no objections had been received from the Highways Authority and that the modern elements of the property would be demolished.  Permitted Development rights would also be removed.

At the conclusion of the debate, it was proposed by Councillor Sully to approve the planning application with the additional recommended condition and this was seconded by Councillor Cavill.

Resolved:

To Grant Permission subject to the conditions detailed within the Officer`s report with an additional condition as recommended by the Officer relating to the demolition of the existing buildings.

(Unanimous)

To consider an application for approval of reserved matters following Outline Application 49/17/0060 to determine layout, scale, appearance and landscaping for the erection of 71 No. dwellings with the detail required to confirm access as required by Condition No. 03 on land north of Burges Lane, Wiveliscombe.

Resolved:

Subject to the applicant agreeing to an additional condition requiring dwellings to be provided with an electric vehicle charging point, that delegated authority be given to Officers to Grant Approval of Reserved Matters subject to the conditions as detailed within the Officer`s report and the prior completion of a S106 agreement to secure phosphate mitigation.

(For 5, Against 0, Abstention 3)

The Planning Officer introduced the application to the committee with the aid of a power point presentation, confirming that the application had previously been deferred in order that information be clarified relating to SUDS, Open Space, Allotments, Car Parking and the placement and types of Affordable Housing plots. These issues had been updated within the report.

The Legal Officer confirmed that only Councillors present at the previous meeting on 1 May 2024 would be able vote on the item.

The committee heard from a local resident who did not object to the development but took exception to the access to the attenuation ponds and the deed of easement for the SUDS and pond due to the ownership and management agreement with the residents of Phase 1 and 2 of the development.

The Division Member also supported the comments of the objector in relation to the drainage but also that the proposal should include climate change elements as standard, for example EV charging points.

The committee then heard from the Agent who confirmed that the information on Affordable Housing, highways and drainage had now been clarified and that the access road and layout had been amended to reflect the local area.

In response to questions from Members, the Planning Officer confirmed:

·       That the Highways Authority was satisfied with the proposals and layout with no safety concerns highlighted

·       That the layout of the Affordable Housing plots was satisfactory and had been agreed by the Registered Provider

·       That the drainage issues were subject to a private agreement

·       This application could only consider certain matters as it was a reserved matters application and there were no carbon neutral elements secured on the outline application agreed in 2017.

At the conclusion of the debate, it was proposed by Councillor Cavill and seconded by Councillor Perry that the approval of the reserved matters application be delegated to Officers, subject to the applicant agreeing to an additional condition requiring the submission and implementation of a scheme for the provision of electric vehicle charging points for dwellings, the conditions as detailed within the Officer’s report and the prior completion of a S106 agreement to secure phosphate mitigation.  

Resolved:

Subject to the applicant agreeing to an additional condition requiring the submission and implementation of a scheme for the provision of electric vehicle charging points for dwellings, that delegated authority be given to Officers to Grant Approval of Reserved Matters subject to the conditions as detailed within the Officer`s report and the prior completion of a S106 agreement to secure phosphate mitigation.

(For 5, Against 0, Abstention 3)

To consider an application for the erection of an agricultural storage building on land east of Dene Road, Bishops Lydeard.

Resolved:

To Grant Permission subject to the conditions as detailed within the Officer`s report.

(Unanimous)

The Planning Officer introduced the application to the committee with the aid of a power point presentation. She confirmed that the proposal was on the same site of the previously demolished building. However the previous consent had now expired. It was confirmed that there would be conditions relating to ecology placed on any permission granted.

A statement was then read out by the Committee Manager on behalf of an objector who stated that the previous barn had been removed, that this building had been erected without approval and that there were a number of ecological issues which had caused harm to various elements of habitat.

The committee were then addressed by the agent who stated that the application was to regulate the building partially erected for agricultural storage.

In response to questions from Members, the Planning Officer confirmed that as the previous barn had been demolished and a new building erected, it was not within Class Q permitted development. The current building would be conditioned to be purely agricultural storage and permitted development rights would be removed to ensure that any future changes to it`s use or structure would need a planning application.

Councillor Hadley proposed that the application be granted approval and this was seconded by Councillor Cavill.

Resolved:

To Grant Permission subject to the conditions as detailed within the Officer`s report.

(Unanimous)

To consider an application for Outline planning with all matters reserved except for access, layout and scale, for the demolition of farm buildings, renovation and alterations to the listed farmhouse and erection of 33 No. dwellings with associated works on land at Langaller Manor Farmhouse, Creech St Michael, Taunton, TA2 8DA.

Resolved:

To Grant Permission subject to a S106 Agreement and the conditions as listed within the Officer`s report and the prior completion of a S106 agreement to secure the planning obligations specified in the Officer`s report and an additional obligation securing the provision of a footpath and cycleway through the site to link with the existing footpath to the south.

(Unanimous)

Councillor Perry left the committee before the start of the remaining applications.

The Planning Officer introduced the application to the committee with the aid of a power point presentation and confirmed that there were no updates to his written report, however a full copy of the report had been recirculated to Members due to formatting issues.

The committee heard from the agent who stated that the farmhouse had been subject to a major fire and was in need of repair due to the listed building status of the property. There were a number of dwellings proposed as with Affordable Housing. It was considered that there was no harm to the Listed Building or surrounding area.

During discussion, Members commented on the “green necklace” of the site which was between 2 other developments and that it was suggested that the pedestrian access be enhanced to go through the site and link into the south of Langaller. After further discussion, it was agreed that this issue could be secured as part of the S106 Agreement to include a pedestrian/cycleway.

Councillor Cavill proposed this amendment to the officer`s recommendation and this was seconded by Councillor Sully.

Resolved:

To Grant Permission subject to the conditions as listed within the Officer`s report and the prior completion of a S106 agreement to secure the planning obligations specified in the Officer`s report and an additional obligation securing the provision of a footpath and cycleway through the site to link with the existing footpath running to the south.

(Unanimous)

To consider an application to change of use of part of garden with construction of vehicular access and driveway for access to land at the rear of Palmers Green House, Stewley Road, Hatch Beauchamp.

Resolved:

To Grant Permission subject to the conditions detailed within the Officer`s report and update report.

(Unanimous)

Councillor Cavill left the committee before the consideration of the remaining matters on the agenda.

The Planning Officer presented the application to the committee with the aid of a power point presentation and updated Members to confirm that there were minor amendments to Conditions 2 and 5 as detailed within the Update Report provided to the committee.

The applicant addressed the committee to confirm that the proposal was to create a new entrance to enable access to their horses as the property was being sold as too large for the family.

The committee considered that there were no adverse impacts on the surrounding area and therefore Councillor Sully proposed the officer`s recommendation to grant permission and this was seconded by Councillor Henley.

Resolved:

To Grant Permission subject to the conditions detailed within the Officer`s report and the update report.

(Unanimous)

To receive details of the latest Appeal Decisions received.

Members noted the Appeal Decisions received.

The committee heard from a local resident on Appeal Decision: APP/E335/W/24/3337226.

The Interim Service Manager then explained the appeal decisions that had been received. In relation to APP/E335/W/24/3337226 the Legal advisor explained that the only way to challenge an Inspector`s decision is through a judicial review in the High Court on a point of law. Officers would consider the representations received on the appeal decision from the local resident and CPRE.

Resolved:

Members noted the Appeal Decisions received.