Agenda item

To consider an outline planning application for the development of up to 60 residential dwellings (Use Class C3), together with associated highways and drainage infrastructure, public open space and landscaping. Details of access are submitted for approval with all other matters (Layout, Scale, Appearance and Landscaping) reserved for later approval. 

Resolved

That planning application 19/00655/OUT to consider an outline planning application for the development of up to 60 residential dwellings (Use Class C3), together with associated highways and drainage infrastructure, public open space and landscaping at Land OS 9609, Brewham Road, Bruton, Somerset be APPROVED, subject to the prior completion of a Planning Obligation/Agreement, confirmation of approval of the Shadow Habitats Regulations Assessment from Natural England, and the stated planning conditions. Delegated to the Head of Planning in consultation with the Area Chair (South). Details of access are submitted for approval with all other matters (Layout, Scale, Appearance and Landscaping) reserved for later approval.

Voting: 6 in favour, 2 against, 2 abstentions.

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

• Principle of development
• Highways improvements
• Phosphate mitigation
• The planning balance

? ? 

The outline application was recommended for approval subject to subject to the prior completion of a Planning Obligation/Agreement, confirmation of approval of the Shadow Habitats Regulations Assessment from Natural England, and the stated planning conditions. Delegated to the Head of Planning in consultation with the Area Chair (South). Details of access are submitted for approval with all other matters (Layout, Scale, Appearance and Landscaping) reserved for later approval.  

She advised that this application was deferred by the SSDC Regulation committee in 2019 pending phosphates mitigation which has now been conditioned awaiting approval from Natural England, and deferred again by the Somerset Council Planning Committee-South on 23 July 2024 to allow further highway assessment of the highway safety merits of the scheme to address concerns over the proposed pedestrian safety mitigation and off-site highway works. She confirmed that consultation with Highways had been undertaken and there are no objections to the scheme and there are no reasonable grounds to refuse the application on highways safety.

She asked members to consider the tilted balance (presumption in favour of sustainable development) and that the scheme will make a significant contribution to the borough-wide housing shortfall, with 21 of the 60 dwellings being affordable housing.  

? 

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

• The Planning Service has failed to get a second opinion on Highways safety, rather, just repeating the consultation responses previously received.
• There is a failure to comply with the law regarding the width of the footpath proposed, which should be 2m.
• Failure to reasonably perceive the risks to pedestrians as identified in the independent Road Safety Audit commissioned by Bruton Town Council and shared with the committee.

?A representative of Bruton Town Council urged the committee to refuse the application based on the unsafe access proposals.   

? 

The Division Member, Councillor Lucy Trimnell addressed the committee with a number of concerns including:

·         The tilted balance and housing obligations are preventing members from making decisions on planning applications based on the genuine views of the communities they serve.

·         Whilst the Highways plans may work on paper, but in practice there will be road safety issues, which have been overlooked.

·         Road infrastructure in Bruton is unsuitable and cannot support a development of this scale

·         The report states that there are employment benefits for the people of Bruton, but this is not guaranteed and is misleading.

?A representative from Acorn Property group then addressed the committee.

He advised that:

·         The proposed scheme has been designed by experts and fully complies with all local planning policies.

·         The Town Council has been fully consulted throughout the process

·         Highways safety measures are included in the proposals

·         The scheme proposes 21 affordable units and the majority of those will be social rent, which is in great need.

? 

? 

There was a question concerning the independent highways safety audit submitted to the committee and why it had not been considered as part of the planning application process. The Highways officer in attendance advised that two independent safety audit had already been completed and reviewed as part of the process.  

?During discussion, the following points were made by Members:- 

? 

• Despite reassurance in the report, local members felt strongly that the highways aspects of the proposal are unsafe and that Bruton is not suitable for a development of this size.
• General feeling that the tilted balance applies and that there are no reasonable planning grounds to object to the application.

? 

At the conclusion of the debate, the officer’s recommendation to approve the application was proposed by Councillor Patrick and seconded by Councillor Seib.? When put to the vote, the proposal was carried by 6 in favour, 2 against and 2 abstentions. 

Resolved

That planning application 19/00655/OUT to consider an outline planning application for the development of up to 60 residential dwellings (Use Class C3), together with associated highways and drainage infrastructure, public open space and landscaping at Land OS 9609, Brewham Road, Bruton, Somerset be APPROVED, subject to the prior completion of a Planning Obligation/Agreement, confirmation of approval of the Shadow Habitats Regulations Assessment from Natural England, and the stated planning conditions. Delegated to the Head of Planning in consultation with the Area Chair (South). Details of access are submitted for approval with all other matters (Layout, Scale, Appearance and Landscaping) reserved for later approval.

Voting: 6 in favour, 2 against, 2 abstentions.