Agenda, decisions and draft minutes

To receive any apologies for absence and notification of substitutions.

Apologies were received from Councillors Sue Osborne, and Jenny Kenton (Cllr John Bailey as sub)

To approve the minutes from the previous meetings held on Tuesday 26^th November 2024 10am (Special meeting), Tuesday 26^th November 2024 2pm and Tuesday 17^th December 2024 2pm.

Resolved that the minutes of the Planning Committee - South held on 26^th November 2024, and the minutes of the two meetings of Planning Committee – South on 17^th December 2025 be confirmed as a correct record.

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 )

There were no declarations of interest received.

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.

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’.

Requests to speak at the meeting under Public Question Time must be made to democraticservicessouth@somerset.gov.uk  by 5pm on the Wednesday prior to the meeting.  For those wishing to speak on an application, requests must be made by 5pm on the Thursday prior to the meeting.

The Chair invited Mr Little, in attendance online, to address the committee.  

Mr Little advised that regrettably he was returning to committee due to a lack of action or any satisfactory response from the Somerset Council Planning Service in regard to the outstanding S106 agreement for planning application 22/02118/OUT - Land West of Silver Street, South Petherton TA13 5AN. 

Mr Little felt that he had been misled, ignored, and given false hopes and hollow promises about the progress of the S106 agreement which has resulteded in delays in the commencement of the development, bearing significant additional costs to the applicant which is grossly unfair.   

The Legal Advisor gave her apologies on behalf of the Council, and reassured Mr Little that the Section 106 agreement is being worked through by external solicitors, who have been brought in to progress a backlog of S106 agreements.  

The Chair thanked Mr Little for his attendance and for bringing the issue to the attention of the committee again. He assured Mr Little that he would keep a close eye on the case and do what he could to ensure the works could commence as quickly as possible.  

To consider an outline application with the Wyvern Close access to be determined, all other matters reserved, for residential development of up to 65 dwellings, together with public open space, a drainage scheme and associated works, and the principle of land to be safeguarded for a new GP Practice at Land North Of Brewham Road, Bruton, Somerset.

Resolved

That planning application 20/02297/OUT Outline application with the Wyvern Close access to be determined, all other matters reserved, for residential development of up to 65 dwellings, together with public open space, a drainage scheme and associated works, and the principle of land to be safeguarded for a new GP Practice at Land North Of Brewham Road, Bruton, Somerset be APPROVED as per the officers recommendations, subject to the prior completion of a Planning Obligation/Agreement and the stated planning conditions. Delegated to the Head of Planning in consultation with the Area Chair (South).

Voting: 8 in favour, 1 against, 1 abstention.

Verbal update from Area Manager Planning South 

Councillors were asked to note that in a recent appeal decision in the Somerset East Area (former Mendip District) the Inspector described the shortfall in supply as being 'acute'. Officers interpret this as meaning that in the titled balance the shortfall is now more significant than was the case prior to the revised NPPF being issued; and that this same interpretation applies to applications in the South Area.  Cllrs were also advised that in the case of this Appeal Decision, a 'strong' reason for refusal was noted by the Inspector as being harm to an SAC (an internationally important biodiversity habitat), whereas harm to a Conservation Area was not considered to be a strong reason for refusal.  Officers consider that this is a helpful Appeal Decision to inform decision making in the context of the 'tilted balance' of Paragraph 11 of the NPPF. 

The Planning Officer presented the application as detailed in the agenda report and with the aid of a Powerpoint presentation highlighted the changes to the report since the application was deferred by committee at the Planning South meeting in November 2024 for further information on Highways Safety.? 

She advised that: 

• The description of the application had been amended to - 

• Outline application with the Wyvern Close access to be determined, all other matters reserved, for residential development of up to 65 dwellings, together with public open space, a drainage scheme and associated works, and the principle of land to be safeguarded for a new GP Practice at Land North Of Brewham Road, Bruton, Somerset.  

• Therefore, the Cuckoo Hill Carriageway Amendments Plan has become for illustrative purposes only 

• Any future application for a GP practice on the safeguarded land would be fully assessed separately, on its own merits, including all highways safety impacts and the Cuckoo Hill access. 

• The application is outline only (Principle and Access), with all other matters reserved. 

• Since the last application was deferred, an additional consultation has been undertaken on the change in wording, and there have been no objections from statutory or not statutory consultees. 

• Since the application was deferred, additional representations have been received including 22 objections, 3 in support and 3 neutral.  

• Section 2.1 of the published report includes further information regarding Highways, as requested by the committee at the November meeting.  

 The outline application was recommended for approval subject to subject to the prior completion of a Planning Obligation/Agreement and the stated planning conditions. Delegated to the Head of Planning in consultation with the Area Chair (South). 

? 

A member of the public addressed the committee in objection to the application.? His comments included: 

• The access into Wyvern close is far too narrow for this development. He likened it to driving into someone’s driveway.  

• Felt that the further information regarding Highways is not sufficient  

• The Local car parking methodology used is not applicable to this application 

? 

A representative from Symphony Healthcare spoke in support of the application. He reminded the committee that it is  ...  view the full minutes text for item 70.

To consider a Hybrid mixed-use planning application on land comprising: 

1)  FULL APPLICATION for the Demolition of Farm Buildings, Creation of a Nature Reserve, Vehicular Access, Landscaping, Engineering and Associated Works 

2)  OUTLINE APPLICATION with all matters reserved except for access for up to 200no. Dwellings, 1ha Employment Land, 0.5ha Local Facility Land, Public Open Space, Landscaping, Pedestrian/Cycle Access and Associated Works 

at Hainbury Farm, Fosse Way, Ilchester, Yeovil, Somerset, BA22 8JD 

Resolved

That planning application 23/01618/HYBRID Hybrid mixed-use planning application on land comprising: 1) FULL APPLICATION for the Demolition of Farm Buildings, Creation of a Nature Reserve, Vehicular Access, Landscaping, Engineering and Associated Works 2) OUTLINE APPLICATION with all matters reserved except for access for up to 200no. Dwellings, 1ha Employment Land, 0.5ha Local Facility Land, Public Open Space, Landscaping, Pedestrian/Cycle Access and Associated Works at Hainbury Farm, Fosse Way, Ilchester, Yeovil, Somerset, BA22 8JD be APPROVED as per the officer recommendation, subject to the prior completion of a Planning Obligation/Agreement and the stated planning conditions and an amendment to include the extra informative regarding glazing standards for residential development. Delegated to the Head of Planning in consultation with the Area Chair (South).

Voting: 10 in favour, 1 abstention.

The Planning Officer presented the Hybrid application as detailed in the agenda report and with the aid of a Powerpoint presentation highlighting the key elements of the proposal including:  

• Site location 

• Development framework  

• Access and Internal Access arrangements 

• The principle of development  

• Landscape proposals 

• Photographs in and around the site 

The application was recommended for approval subject to conditions as set out in the agenda report.  

? 

Two members of the public addressed the committee in objection to the application.? Their comments included: 

• Many local people were unaware of this meeting today and have lost faith in the planning process. 

• This development will bring a further 7000 vehicle movements per day through the village, including a huge increase in heavy goods vehicles which the roads and neighbouring properties will not cope with. 

• Construction traffic will bring disruption for many years, vibrations, emissions, noise, light and congestion. 

? 

The applicant addressed the committee and made several points including: 

• The Local community have been consulted throughout the planning process i.e. letter drops, a dedicated website and an open day. 

• Plans have been adapted following the concerns about traffic, and the impacts on local schools and healthcare providers.  

• We have created an Earthworks on site to minimise construction traffic.  

• The plans for a 60-acre nature reserve have been credited with a Building with Nature Full Design Award from the University of The West of England. 

A representative of Ilchester Parish Council spoke against the proposals for the following reasons: 

• Ilchester Parish Council has undertaken community survey, with the vast majority of respondents agreeing that there is no housing need in Ilchester.  

• The creation of 1 hectare of employment land is not required and is therefore not a valid argument.  

• Ilchester already maintains 3 community facilities and there is no local need for more.  

• The proposed access on Somerton Road will be difficult and dangerous for all road users.  

• The significant increases in construction traffic will cause huge disruption.  

• Concerns that despite months of chasing Somerset Council and the Developer, the road surfaces, pavements and parking on neighbouring Hainsbury Meadows are incomplete.  

?? 

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

• The site was identified as a preferred site in the Regulation 18 review of the SSDC Local Plan, but this argument has limited weight because the Regulation 18 review was stopped due to LGR and the creation of the Unitary authority.  

• The immediate removal of the dairy herd and the fallowing of the land contributes to the developer’s obligations in terms of phosphate mitigation. 

• The local primary school is at full capacity, so the S106 agreement includes a financial contribution to increase primary school provision in Ilchester.  

• The catchment secondary school is Stanchester in Stoke Sub Hamdon, which does have capacity currently.  

• The site is in a Flood Zone, but any flood risk will be mitigated by conditions as set out in the report.  

• There will be restrictions on fruiting trees in the nature reserve due to its proximity to a Birdstrike  ...  view the full minutes text for item 71.

To consider an outline application with all matters reserved except for means of access for the erection of up to 230 dwellings with public open space, landscaping, sustainable drainage system (SuDS), main vehicular access point and secondary access point for emergency vehicles, pedestrians and cyclists at Land Off Crewkerne Road, Chard, Somerset, TA20 1HB.

Resolved

That planning application 23/01537/OUT Outline Application with all matters reserved except for means of access for the erection of up to 230 dwellings with public open space, landscaping, sustainable drainage system (SuDS), main vehicular access point and secondary access point for emergency vehicles, pedestrians and cyclists at Land Off Crewkerne Road, Chard, Somerset, TA20 1HB be APPROVED subject to the prior completion of a Section 106 Planning Obligation/Agreement and the stated planning conditions, with an additional condition to deliver a pedestrian crossing and access point from the A30 into the site and amendment to Condition 13, archaeology, to specifically reference the importance of recording, if appropriate, any information related to the WWII pillbox on the western boundary. Delegated to the Head of Planning in consultation with the Area Chair (South) and Division member.

Voting: 11 in favour (unanimous)

The Planning Officer presented the application as detailed in the agenda report and with the aid of a Powerpoint presentation highlighted the key elements of the proposal including:  

• Site location 

• Local plan wider context 

• Aerial photographs of the site  

• Indicative development framework plan showing protected ERR 

• Proposed access for vehicles, pedestrians and cyclists.  

• Photographs in and around the site 

• Key considerations and Planning balance 

? 

He advised that the education figure in the proposed Section 106 Heads of Terms was correct, and that the affordable housing split 67%/33%. The report refers to First Homes, which is out of date and no longer applies. The outline application was recommended for approval subject to the prior completion of a Section 106 Planning Obligation/Agreement and the stated planning conditions. (Delegated to the Head of Planning in consultations with the Area Chair (South).?   

He referred to the key considerations being: 

• The principle of development  

• Residential amenity  

• Highways safety and active travel 

• Surface and foul water drainage  

• Heritage assets  

• Ecology and Phosphates  

• Pollution 

? 

The Chair asked for asked for a correction to the report, which refers to a GP surgery in Chard that no longer exists due to a merger, and this was noted by the Planning Officer.  

There were no members of the public registered to speak. 

The Agent addressed the committee and made the following points:  

• Praised Somerset Council and all the statutory consultees for their work and professionalism, which has resulted in a plan with no objections. 

• The site is allocated in the SSDC Local Plan as the Chard Eastern Development Area.  

• The site is sustainably located, with all amenities within walking distance.  

• 35% of homes delivered will be affordable  

? 

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

• The plan does not include provision for a footpath along the A30 at the front entrance of the site. Walking and cycling access is recommended at the North of the site.  

• The Lead Local Flood Authority do not object to the proposals in principle, and there will be further conditions regarding drainage at the reserved matters stage.  

In response to questions from Members, the Highways Officer advised that:  

• There is no mention of capacity at the Convent Link junction in the report because there are no concerns about how this development will impact on it, and he added that the Chard Eastern Relief Road which is being delivered in phases as part of the Chard Regeneration Strategy will divert traffic away from the busy Convent Link junction in the future.  

? 

During the debate some concerns were raised regarding pedestrian access to the site, but generally members were in support of the principle of development. Councillor Seib proposed to move the officer’s recommendation to approve the application with an additional condition to deliver a pedestrian crossing and access point from the A30 into the site and amendment to Condition 13, archaeology, to specifically reference the importance of recording, if appropriate, any information related to the WWII pillbox on the western boundary. Delegated to  ...  view the full minutes text for item 72.

To consider planning application 24/01579/FUL - the proposal will demolish the existing barns, which have a previously approved Class Q change of use, and rebuild into 5no. new habitable dwellings at Owl Street, Stocklinch, Ilminster, Somerset, TA19 9JN.

Resolved

That planning application 24/01579/FUL to demolish the existing barns, which have a previously approved Class Q change of use and rebuild into 5no. new habitable dwellings at Land At Owl Street, Stocklinch, Ilminster, Somerset TA19 9JN be REFUSED, contrary to the officer recommendation, for the following reason:

The proposed development, notwithstanding the existing Class Q which has been given limited weight, is an unsustainable development in open countryside contrary to the NPPF and does not comply with SSDC Local Plan Policy SS2 – Development in Rural Settlements.

Voting:  6 in favour, 4 against.

The Planning Officer presented the application as detailed in the agenda report and with the aid of a Powerpoint presentation highlighted the key elements of the proposal including:  

• Site location 

• Proposed site plans 

• Photographs of the site and local footpaths and public rights of way 

• Elevations 

• Roof plan 

? 

He drew members attention to the key considerations for the proposal which are: 

• The principle of development  

• Highways  

• Phosphates  

• Design, Scale and Visual Amenity 

?The application was recommended for approval subject to conditions as set out in the agenda report.  

? 

One member of the public addressed the committee in objection to the application.? Their comments included: 

• She represents the view of the residents of Owl Street in Stocklinch. 

• Feeling that the applicant is deliberately trying to circumvent planning policy.  

• Stocklinch is a very small rural settlement far away from any development areas, in open countryside, with no amenities and therefore this proposal is contrary to SS2 of the Local Plan- Development in rural settlements.  

? 

A representative of Stocklinch Parish Council spoke against the application. She agreed with the comments made by the member of public, and added that: 

• The development does not offer any improvements to village infrastructure.  

• There is no housing need in Stocklinch.  

• It is highly unlikely that this proposal will bring affordable housing to local people 

• The design is highly utilitarian and out of character. 

? 

The Division Member, Councillor Jo Roundell Greene, spoke in opposition to the application, agreeing with all of the objections raised by the residents of Owl Street and Stocklinch Parish Council as above.?  

? 

Councillor Seib proposed to overturn the officer’s recommendation and to REFUSE the application, which was seconded by Councillor Wale, and when being put to the vote, the proposal was carried by 6 in favour and 4 against. 

Resolved

That planning application 24/01579/FUL to demolish the existing barns, which have a previously approved Class Q change of use and rebuild into 5no. new habitable dwellings at Land At Owl Street, Stocklinch, Ilminster, Somerset TA19 9JN be REFUSED, contrary to the officer recommendation, for the following reason:

The proposed development, notwithstanding the existing Class Q which has been given limited weight, is an unsustainable development in open countryside contrary to the NPPF and does not comply with SSDC Local Plan Policy SS2 – Development in Rural Settlements.

Voting:  6 in favour, 4 against.

To note the appeal decisions.

Members noted the appeal decisions, published for information.