Agenda item
Planning Application 14/02554/OUT and 15/03942/FUL - Land at Upper Mudford, Primrose Lane, Yeovil, Somerset.
To consider
14/02554/OUT – Outline application for development of a Sustainable Urban Extension to comprise up to 765 dwellings (Use Class C3), 65 bed care home (Use Class C2), employment land (Use Class E), retail units (Use Class E (a)(b)(c)(i)(ii)(iii) and hot food takeaway), community building (Use Class F2), health care facility (Use Class E(e)), primary school playing pitches, landscaping, open space and drainage infrastructure, access and associated highway works (GR 357198/118268).
And
15/03942/FUL - Engineering works to create two attenuation basins and a landscape buffer to support application 14/02554/OUT.
Decision:
Resolved
That planning application 14/02554/OUT to approve an outline application for development of a Sustainable Urban Extension to comprise up to 765 dwellings (Use Class C3), 65 bed care home (Use Class C2), employment land (Use Class E), retail units (Use Class E (a)(b)(c)(i)(ii)(iii) and hot food takeaway), community building (Use Class F2), health care facility (Use Class E(e)), primary school playing pitches, landscaping, open space and drainage infrastructure, access and associated highway works (GR 357198/118268) at Land at Upper Mudford, Primrose Lane, Yeovil, Somerset be APPROVED subject to the prior completion of a Section 106 Planning Obligation/Agreement and the stated planning conditions, as per the amended recommendation set out in the Officer’s presentation:
Whilst the Council considers the proposal to be in conflict with particular policies within the Development Plan, namely elements of YV2 and the requirements of HG3, the Council's lack of a five-year housing land supply and the assessment of material considerations lends significant weight when considering the ‘planning balance’. In this case, the site is located in a sustainable location with access to a range of services and facilities. The proposal is not considered to result in such a significant and adverse impact upon the landscape, visual amenity, residential amenity, highway safety, flood risk/drainage or ecology/biodiversity as to justify a refusal of planning permission. Therefore, in terms of the 'planning balance', it is considered that there are no adverse impacts that would 'significantly and demonstrably' outweigh the benefits of providing up to 765 dwellings, a neighbourhood centre, employment land and a care home with public open space, community, play and recreation facilities in this sustainable location. The environmental information submitted with this application has been taken into account as part of the consideration of this application and in formulating the officer recommendation and by Members in deciding to grant outline planning permission. ?
The proposal is considered to be in accordance with Policies SD1, SS1, SS2, SS3, SS4, SS5, SS6, YV1, YV2, YV5, EQ1, EQ2, EQ3, EQ4, EQ5, EQ6, EQ7, HG5, HG6, TA1, TA3, TA4, TA5, TA6 and HW1 of the South Somerset Local Plan 2006-2028, and the aims and objectives of the NPPF.
Voting: Unanimous in favour
Resolved
That planning application 15/03942/FUL to approve an application for engineering works to create two attenuation basins and a landscape buffer to support application 14/02554/OUT at Land at Upper Mudford, Primrose Lane, Yeovil, Somerset be APPROVED subject to the stated planning conditions as per Recommendation 1 of the officer’s report.
Voting: Unanimous in favour
Minutes:
The Planning officer advised that this item referred to two planning applications, and that 15/03942/FUL is an ancillary application for the approval of two attenuation ponds to serve the housing development.
The Planning Officer presented the application as detailed in the agenda reports and with the aid of a Powerpoint presentation to highlight key elements of the proposal including:
- Site location.
- An indicative masterplan.
- Land budget
- Movement plan and traffic management plans
- A Landscape plan
- A Green infrastructure plan
- Pedestrian access plans
- Indicative bus routes
- Drainage plan for the attenuation ponds
- Various photographs of the site as it is currently as a working farm
?
He referred to the key considerations being that;
· These plans have developed and evolved considerably over the last ten years.
· The site is identified as direct of growth in policy YV2 Yeovil Sustainable Urban Extensions policy in the adopted SSDC Local Plan.
· The neighbouring Sock Hill Scheme for 252 dwellings, which is referred to throughout the report, was allowed at appeal.
· The services and facilities that this development proposes create a neighbourhood centre for this development and neighbouring developments, particularly Wyndham Park.
· This is an outline application, with all matters reserved except access.
· In consultation with the NHS, ICB and Education authority, it has been agreed that approval of the development will be subject to the financial contributions as detailed in the report for the extension of an existing GP surgery and an existing primary school.
· The 15% affordable housing secured in 2019 is maintained.
· An overage vs recycling clause has been introduced as detailed in the report.
· Technical matters raised by Mudford Parish Council have been addressed in the Three Dragons Report.
· £500,000 of Area South CIL money has been secured by the Planning and Transport Sub committee on 8th October 2024 to help front load infrastructure sooner than viability informed trigger points allow.
The committee were asked to approve both applications, by way of a vote on the officers recommendations as follows:
Recommendation 1
To approve application 14/02554OUT subject to the prior signing of a Section 106 agreement and subject to the stated planning conditions and informatives and amended reason:
Whilst the Council considers the proposal to be in conflict with particular policies within the Development Plan, namely elements of YV2 and the requirements of HG3, the Council's lack of a five-year housing land supply and the assessment of material considerations lends significant weight when considering the ‘planning balance’. In this case, the site is located in a sustainable location with access to a range of services and facilities. The proposal is not considered to result in such a significant and adverse impact upon the landscape, visual amenity, residential amenity, highway safety, flood risk/drainage or ecology/biodiversity as to justify a refusal of planning permission. Therefore, in terms of the 'planning balance', it is considered that there are no adverse impacts that would 'significantly and demonstrably' outweigh the benefits of providing up to 765 dwellings, a neighbourhood centre, employment land and a care home with public open space, community, play and recreation facilities in this sustainable location. The environmental information submitted with this application has been taken into account as part of the consideration of this application and in formulating the officer recommendation and by Members in deciding to grant outline planning permission. ?
The proposal is considered to be in accordance with Policies SD1, SS1, SS2, SS3, SS4, SS5, SS6, YV1, YV2, YV5, EQ1, EQ2, EQ3, EQ4, EQ5, EQ6, EQ7, HG5, HG6, TA1, TA3, TA4, TA5, TA6 and HW1 of the South Somerset Local Plan 2006-2028, and the aims and objectives of the NPPF.
Recommendation 2
To approve application 15/03942/FUL subject to the stated planning conditions and informatives.
Two members of the public addressed the committee in objection to recommendation 1, approval of the application 14/02554/OUT. Their comments included:
· Whilst not against new development, this development is not suitable because it changes the conveyance and character of the catchment.
· The development will exacerbate flooding which is already a serious problem in the catchment.
· The submitted environmental impact statement has not considered recent flooding events and is therefore not up to date.
· Independent reviews have concluded that there is not enough evidence to demonstrate that the mitigation requirements of planning policy have been met on the application.
A representative from Charles Bishop Ltd, housebuilding company spoke in support of the application. His comments included;
· The site was identified in the SSDC Local Plan and is needed to meet demands of a growing population of Yeovil.
· The scheme is the right development, in the right place and should be approved.
A representative from LRM planning addressed the committee in support of 14/02554/OUT. His comments included:
· The application satisfies the Council’s own Local Plan Policy and is therefore proper plan-led development.
· There are no objections from any of the statutory consultees.
· The application was previously approved at the meeting of the SSDC regulation committee in 2019, and there appears to be no valid reason to refuse the application today.
A representative of Mudford Parish Council addressed the committee in objection to 14/02554/OUT. His comments included:
· There is robust evidence that demonstrates that this application does not comply with the sustainability objectives of the local plan.
· The developer has not engaged with Mudford Parish Council as it should have.
· Whilst we recognise the implications of the recent approval of the Sock Hill Scheme, it does not accept that 14/02554/OUT is a sustainable development.
?
The Division Member, Councillor Henry Hobhouse, advised that he had resigned from Area South Planning Committee immediately before this meeting, but speaking as the Division member he had two main concerns about 14/02554/OUT, flooding, and allocation of the affordable housing which the Council have confirmed does not prioritise local connection over housing need.
?
A representative from the applicant, Abbey Manor Group then addressed the committee regarding 14/02554/OUT. She advised that there are some considerable benefits to the development, including;
· The use of the site for housing land helps to address the short fall in housing land supply in Somerset.
· The development brings a significant contribution to the local school, GP surgery, community hall, and other leisure and recreation facilities.
· The development brings 8 acres of employment land, creating long term jobs and opportunities.
· The development brings financial contributions to cycling and footpaths and other highways improvements
· The development will create over 2000 jobs throughout the construction period.
· The population increase will help to sustain and grow the local economy.
?The Planning officer was invited to respond to any or all of the comments made by the speakers, and he replied with the following;
?
- Flood risk has always existed at this location, and it is not proven that any new housing developments have or will make this risk greater. The application has passed through the all the necessary consultees and there are drainage conditions that will mitigate the flood risk at the location.
- Page 70 of the report sets out how the criteria has been assessed.
- With regards to Cllr Hobhouse’s comments about allocation of affordable housing units to local people, this was a request that came from Mudford Parish Council, asking for the rights to nominate tenants /buyers for the affordable housing. The rationale for not granting this request from Mudford Parish Council is included in the report. There is the inclusion of a Local Lettings Policy, referenced in S106 Heads of Terms. The councils recognised system for allocating homes to those in need is Homefinder and anyone in need should be encouraged to use this system.
?
Two members of the public addressed the committee in objection to recommendation 2, approval of the application 15/03942/FUL. The comments included:
· The emergency overflow from the two attenuation ponds drains towards existing properties.
· One of the ponds is directly above a major gas main. No mention is made of any long-term effects of this.
· It is difficult to see what is being proposed and whether it is deliverable.
· The extent of the flood plan and surface water discharge has not been properly assessed.
· Just last week there was significant flooding on Primrose Lane and Up Mudford. The impact of such being devastating for homes and businesses. School children cannot attend schools, hospital appointments are missed etc…
· The proposed development will be built on clay, exacerbating the flooding problems.
· What contingency plans are in place if these two attenuation ponds are not sufficient?
The Planning officer, in response to the comments made by the speakers regarding 15/03942/FUL, reassured members that the application has been extensively assessed by the LLFA and they have concluded that there are no concerns with the application.
In response to comments from members of the committee regarding 14/02554/OUT and 15/03942/FUL, the Planning Officer also advised that.
· The affordable Housing mix that has been applied fits with the housing need of the local area, where social rent housing is in particularly high demand.
· People living in neighbouring parishes, such as Yeovil Without will also benefit from some of the improvements being made to walking and cycling infrastructure and other community facilities.
· The build rate of 40 houses a year is a normal for the area. A higher build rate would be more viable, but Three Dragons have assessed the viability of this application and this is the outcome that has been presented to us.
· Members can engage with the S106 negotiations that will begin immediately following approval of the applications. Any changes made to the Heads of Terms agreed by the committee today will need to be brought back to this committee for approval.
At the conclusion of the debate, the officer’s recommendation to approve 14/02554/OUT was proposed by Councillor Seib, and seconded by Councillor Kerley, and to approve 15/03942/FUL, proposed by Councillor Seib, and seconded by Councillor Wale. When put to the vote, both proposals were carried, all 9 in favour.
Resolved
That planning application 14/02554/OUT to approve an outline application for development of a Sustainable Urban Extension to comprise up to 765 dwellings (Use Class C3), 65 bed care home (Use Class C2), employment land (Use Class E), retail units (Use Class E (a)(b)(c)(i)(ii)(iii) and hot food takeaway), community building (Use Class F2), health care facility (Use Class E(e)), primary school playing pitches, landscaping, open space and drainage infrastructure, access and associated highway works (GR 357198/118268) at Land at Upper Mudford, Primrose Lane, Yeovil, Somerset be APPROVED subject to the prior completion of a Section 106 Planning Obligation/Agreement and the stated planning conditions, as per the amended recommendation set out in the Officer’s presentation:
Whilst the Council considers the proposal to be in conflict with particular policies within the Development Plan, namely elements of YV2 and the requirements of HG3, the Council's lack of a five-year housing land supply and the assessment of material considerations lends significant weight when considering the ‘planning balance’. In this case, the site is located in a sustainable location with access to a range of services and facilities. The proposal is not considered to result in such a significant and adverse impact upon the landscape, visual amenity, residential amenity, highway safety, flood risk/drainage or ecology/biodiversity as to justify a refusal of planning permission. Therefore, in terms of the 'planning balance', it is considered that there are no adverse impacts that would 'significantly and demonstrably' outweigh the benefits of providing up to 765 dwellings, a neighbourhood centre, employment land and a care home with public open space, community, play and recreation facilities in this sustainable location. The environmental information submitted with this application has been taken into account as part of the consideration of this application and in formulating the officer recommendation and by Members in deciding to grant outline planning permission. ?
The proposal is considered to be in accordance with Policies SD1, SS1, SS2, SS3, SS4, SS5, SS6, YV1, YV2, YV5, EQ1, EQ2, EQ3, EQ4, EQ5, EQ6, EQ7, HG5, HG6, TA1, TA3, TA4, TA5, TA6 and HW1 of the South Somerset Local Plan 2006-2028, and the aims and objectives of the NPPF.
Voting: Unanimous in favour
Resolved
That planning application 15/03942/FUL to approve an application for engineering works to create two attenuation basins and a landscape buffer to support application 14/02554/OUT at Land at Upper Mudford, Primrose Lane, Yeovil, Somerset be APPROVED subject to the stated planning conditions as per Recommendation 1 of the officer’s report.
Voting: Unanimous in favour
Supporting documents:
- 14_02554_OUT_Committee_Report_2024_SJF, item 40. PDF 5 MB
- Appendix One - 1402554OUT Heads of Terms Table, item 40. PDF 164 KB
- Appendix Two - 1402554OUT Conditions, item 40. PDF 177 KB
- Appendix 3a Up Mudford Final Report, item 40. PDF 5 MB
- Appendix 3b Up-Mudford Resolution, item 40. PDF 1 MB
- Appendix 4a LVA Appeal Decision, item 40. PDF 240 KB
- Appendix 4b Appeal site plan, item 40. PDF 2 MB
- Appendix Five - 1402554OUT - Viability Assessment September 2024 Erratum, item 40. PDF 60 KB
- Appendix 5b, item 40. PDF 3 MB
- Appendix 6a - HA September 2024, item 40. PDF 142 KB
- Appendix 6b - HA November 2018, item 40. PDF 354 KB
- Appendix Seven - 1503942FUL Conditions, item 40. PDF 125 KB