Agenda item

To consider an outline application for the demolition of single garage, and the erection of 40no dwellings (26 market & 14 affordable); considering access only, with all other matters reserved.

RESOLVED:

 

That planning application 22/02118/OUT for the demolition of single garage, and the erection of 40no dwellings (26 market & 14 affordable); considering access only, with all other matters reserved at Land West of Silver Street, South Petherton be DEFERRED, to allow for further information regarding landscape and highways and the presence of a Landscape Officer and Highways Officer to be present at the next possible Planning South Committee meeting.

 

(voting: 7 in favour, 0 against, 2 abstentions)

 

 

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

·         This was an outline application to consider only access and the principle of development.

·         Indicative site layout and location plans.

·         Proposed staggered access to site.

·         Location of existing garage to be removed to allow for footpath to the site.

 

He proceeded to detail the reasons for approval and highlighted the key considerations summarised as follows:

·         Principle of development – South Petherton was a sustainable location, noted the Council’s lack of five-year housing land supply, Highways had not raised any objections and a satisfactory phosphates solution had been agreed.  He acknowledged the access requires a significant engineering solution and there would be a significant change in the street scene.

·         Impact on the character of the area –Site can be developed without harm to conservation assets and neighbouring properties or amenity.

 

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

 

Four members of the public addressed the committee in objection to the application. Some of their points raised included:

·         Elevated site that can be seen for miles around, this view should be protected for overall character.

·         Referred to appeal decision in 2019 where inspector refused six houses due to significant harm to the area.

·         Contrary to policies within the Local Plan.

·         Concern regarding pedestrian and highway safety with lack of footpath provision to local facilities.

·         Increase in traffic through Silver Street in what is already a very busy congested road with no footpath provision.

·         Countless wildlife will be destroyed.

·         Current housing commitment already greatly exceeded in South Petherton.

·         Impact on local facilities with the Post Office and bank already closed.

·         Site outside development area.

·         Contrary to South Petherton neighbourhood plan.

·         Flooding risks and the impact on the increase in surface water run-off.

 

A representative from South Petherton Parish Council addressed the committee.  Some of his points raised included:

·         Referred to speed surveys carried out with evidence of huge volumes of traffic already using the road. This development will only exacerbate these issues to an already congested area.

·         Unacceptable safe access, rights of way and with lack of footpaths to local school and facilities will be a danger to pedestrians.

·         Contrary to policy with a need to secure safe access for all.

·         Site is of varying levels and would be impossible to achieve safe access.

 

Division member, Councillor Jo Roundell-Greene addressed the committee and voiced her objection to the application.  She felt the access would scar Silver Street in what is a charming part and entrance to the village.  She said it was contrary to policy EQ2, a danger to residents who would not be able to safely access amenities and felt it would not enhance the area in any way.

 

Division member, Councillor Adam Dance also addressed the committee. Some of his comments included:

·         Raised concern regarding highway and pedestrian safety due to increase in traffic with cars always parked along Silver Street.

·         Application was contrary to the South Petherton neighbourhood plan and questioned the validity of the plan.

·         The site was prime agricultural land.

·         Access located at the very narrow point of Silver Street.

·         Concern regarding surface water run off that will impact flooding downstream.

·         Noted Planning inspector had already turned down two previous appeals in this area.

 

The applicant addressed the committee, some of his points raised included:

·         Application had been well considered and provides a mix of housing with 14 much needed affordable homes.

·         Site was within a sustainable location.

·         Highways consider the proposed staggered access acceptable.

·         Proposal is in keeping with the local setting.

·         Benefits of the scheme outweigh any harm with no planning reasons to refuse the application.

·         Proposal is in accordance with planning policy and local plan.

 

In response to points of detail and questions raised by the public speakers, the Planning Officer clarified that:

·         Referred to previous appeals and explained the reasoning behind each.

·         Exact detail of water run-off prevention has yet to be agreed but that a condition is included to prevent surface water run-off.

·         The LLFA have commented on flood prevention measures however this would be outlined in reserved matters stage but are happy this can be achieved.

·         Acknowledged the site is in an elevated position but consider there is sufficient planting to shield site over time. He confirmed the application had not been reviewed by an external Landscape officer.

 

In response to questions from members the Planning officer and Lead Specialist also provided the following:

·         Confirmed South Petherton had received housing growth within the planned period and exceeded the target allocation.

·         Clarified the garage to be demolished and proposed footpaths.

·         Clarified the location of the previous refused application in relation to the site.

·         Explained the current position of the housing land supply and validity of the status of neighbourhood plan with respect to the NPPF.

 

During members discussion some comments included:

·         Raised concern regarding access and highway safety given the steep level of the site in what was already a very congested street.

·         Felt the increase in traffic with little or no footpaths would be a danger to pedestrians and road users.

·         Shared concerns regarding highway safety but understood there to be a similar access further down the road.

·         Felt it was overdevelopment of a rural centre with the loss of much needed agricultural land.

·         Proposal would be overbearing and not in keeping with the area in what was an elevated site that would be seen for miles around.

·         Acknowledge concerns regarding highway safety, however noted that highways had raised no objection to the application.

·         Felt there was a need to deliver homes and with no objections from statutory consultees could see no planning reason to refuse the application.

 

The Legal officer advised members that this was an outline application and that members should only consider the principle of development and access at this stage. 

 

Following a further debate, Councillor Jenny Kenton then proposed and seconded by Councillor Sue Osborne to refuse the application for the following two reasons:

1.     Highway Safety

2.    Adverse impact on landscape and character of the area.

 

After taking further advice and clarification from the Planning Officer and Lead Specialist, members discussed the option to defer the application, to allow for further information and the review of the Landscape Visual Impact Assessment by a Landscape Officer and the presence of a Highways Officer to be present at the next possible Planning South Committee meeting.

 

Following this discussion Councillor Jenny Kenton in agreement with Councillor Sue Osborne withdrew the proposal to refuse the application.

 

It was then proposed by the Chair and seconded by Sue Osborne to defer the application to allow for further information regarding landscape and highways and the review of the Landscape Visual Impact Assessment by a Landscape Officer and the presence of a Highways Officer to be present at the next possible Planning South Committee meeting.

 

On being put to the vote, this was carried by 7 votes in favour, 0 against and 2 abstentions.

 

RESOLVED:

 

That planning application 22/02118/OUT for the demolition of single garage, and the erection of 40no dwellings (26 market & 14 affordable); considering access only, with all other matters reserved at Land West of Silver Street, South Petherton be DEFERRED, to allow for further information regarding landscape and highways and the review of the Landscape Visual Impact Assessment by a Landscape Officer and the presence of a Highways Officer to be present at the next possible Planning South Committee meeting.

 

(voting: 7 in favour, 0 against, 2 abstentions)