Planning Board DATE

Planning Board

DATE: 22nd July 2020 NOTES:

1. Items may be taken out of order and therefore we are unable to advise the time at which an item will be considered.

2. Applications can be determined in any manner notwithstanding the recommendation being made

3. Councillors who have a query about anything on the agenda are requested to inspect the file and talk to the case officer prior to the meeting.

4. Any members of the public wishing to make late additional representations should do so in writing or contact their Ward Councillors prior to the meeting. Please give a day’s notice if you wish to inspect a file if this is possible.

5. Letters of representation referred to in these reports together with any other background papers may be inspected at any time prior to the Meeting and these papers will be available at the Meeting.

6. For the purposes of the Local Government (Access to Information) Act 1985, unless otherwise stated against a particular report , ‘background papers’ in accordance with section 100D will always include the case officer’s written report and any letters or memoranda of representation received.

TABLE OF CONTENTS

Planning Board - 22nd July 2020

Item Page Application Site/Ward/Member Recommendation Case Number Officer DM01 3 2019/1671/OTS Land North And South Of , Delegate to Mr Sandys Hill Lane, Frome, Approve (see main Simon Somerset, report below) Trafford

Beckington And Selwood DM02 55 2020/0158/FUL Land At Green Pits Lane, Delegate to Mr Nunney, Frome, Somerset, approve (see main James report below) U'Dell Cranmore, Doulting And Nunney DM03 82 2020/0324/FUL 2 Belle Vue, The Street, Approve Mr Josh Chilcompton, Radstock Cawsey

Ashwick, Chilcompton and Stratton DM04 88 2020/1001/FUL New Estate Road , Approve Anna Cornbash, Commerce Park, Clark Frome

Beckington And Selwood DM05 95 2020/0879/HSE 21 Wells Road, Wookey Approve Mr Josh Hole, Wells, Somerset, BA5 Cawsey 1DN

St Cuthbert Out North

Agenda Item No. DM01

Case Officer Mr Simon Trafford

Site Land North And South Of Sandys Hill Lane Frome Somerset

Application Number 2019/1671/OTS

Date Received 9th July 2019

Applicant/ Silverwood (Ditcheat) Ltd, B Parker, P Ham, J Ham And D H... Organisation Silverwood (Ditcheat) Ltd, B Parker, P Ham, J Ham and D H...

Application Type Outline - Some Matters Reserved

Proposal Outline planning application (all matters are reserved apart from access and the main distributor road) comprising a mixed use development at land North & South of Sandys Hill Lane, Frome, including access off Sandys Hill Lane and the demolition of existing farm buildings/farmhouse and development incorporating up to 235 dwellings, employment floorspace within Use Classes B1(a,b,c) of up to 4,050sqm (unit sizes ranging from 140sqm to 560sqm), a Drive Thru unit of up to 170sqm (Use Class A3/A5), a food retail building of approximately 1,800sqm and a non-food retail unit of approximately 1,400sqm.

Ward Beckington And Selwood

Parish Frome Town Council

Recommendation Delegate to permit subject to completion of a section 106 agreement and following the completion of advertising the application scheme as a departure from the development plan

Ward Cllrs. Cllr Shannon Brooke

What3Words: Cones.listed.title

Reasons for deferral:

This report is an update and implications report with reference to the outline planning application considered by members at the Development Management Board on 10 June 2020. Below is the main report amended to take into account the updating comments as presented to that meeting.

At the Planning Board meeting on 10 June 2020 Members agreed to defer making a decision on the application to allow the applicant an opportunity to address the following issues:

1. To look at alternative/better access arrangements for the site itself including the possibility of an additional access. 2. To look at the re-use of Keyford Farmhouse (and associated buildings) rather than knocking it down. 3. To include a wider green buffer zone between existing houses on Little Keyford Lane and the new proposed housing, in order to protect the setting and tranquillity of the listed buildings, and the amenity of existing residents (area north of Sandys Hill Lane only)

Scope of changes proposed by applicant to seek to redress referral reasons:

The applicant has submitted the statement as attached at Appendix A to this report. Their statement clarifies that have requested for a determination of their application as it was presented at the meeting on the 10th July, although they have proposed is to amend the scope of works to Sandys Hill Lane so that it could be used by emergency vehicles (in the case of an emergency only), allowing access from Little Keyford Lane. This would be achieved by installing drop bollards instead of fixed bollards at the specified points as shown on drawing number PHL-201-revC. .

Summary of further consultation responses from Somerset County Council Highways Team:

Following the meeting on the 10th the following comments have been received with regards to a number of matters that were raised by the members during the meeting.

What scale of development do they think can safely be served by a single access point? The Highway Authority have fully reviewed the planning application and considered that the proposed access arrangements are acceptable. It should be noted that whilst there is only one connection to the existing adopted highway the proposed internal highway infrastructure shows a number of junctions off the proposed main collector/distributor road.

At what point do they think a secondary access for emergency vehicles is required? SCC doesn’t have specific guidance on an emergency access is necessary, each site is judged on its own merit. In this instance if the Sandys Hill Lane pedestrian / cycle route can be used for emergency vehicles then this would be welcomed by the Highway Authority (HA). The proposed restriction Sandys Hill Lane to pedestrian/cycle movements only already requires a TRO (Traffic Regulation Order) and this would could be amended to also allow for the use by emergency vehicles. Full details would need to be submitted as a condition attached to the outline planning permission to ensure that proposed design was suitable and catered appropriately for all users. Such a scheme would also form part of the highways works to be approved through a highways legal agreement.

At what point is a permanent through road required? Such a requirement again is very site specific. However, with regard to this planning application (PA) the Transport Assessment was reviewed and it was considered that the proposed access arrangement and the local highway network could accommodate the additional traffic movements associated with the development. Further comments in terms of the proposed revised arrangement to Sandys Hill Lane for use by emergency service vehicles, the following comments have been received:

The attached plan Dwg No: PHL-201-revC is acceptable in principle. However, please note that the TRO associated with the proposal will need to reflect the potential in vehicular use, visibility splays will be required and the scheme will need to be undertaken under a s278 highway legal agreement which will require a Technical Audit. In terms of controlling these details through the planning process please refer to requirement (v) of condition 2 as recommended.

Considerations for Members in order to complete assessment and decision making process.

This section of this report sets out the relevant points for Members to consider in terms of each of three deferral reasons.

1. To look at alternative/better access arrangements for the site itself including the possibility of an additional access.

Reflecting on the discussion by members that lead to this decision, the main concern was with regards to vehicular movement with a particular focus on ensuring a secondary access. Two potential links into the site were identified from points off of Handlemaker Lane which is the section of public highway 4

that serves the Marston Park/Wessex Field industrial estate. The arrangements for emergency access vehicles were also questioned.

The applicant has provided information as to why further access points to the site from these locations (refer to Appendix A) are not deliverable.

With regards to this matter relevant guidance in terms of determining this planning application is set out at paragraphs 108 and 109 of the National Planning Policy Framework (NPPF).

108. In assessing sites that may be allocated for development in plans, or specific applications for development, it should be ensured that:

a) appropriate opportunities to promote sustainable transport modes can be – or have been – taken up, given the type of development and its location; b) safe and suitable access to the site can be achieved for all users; and

c) any significant impacts from the development on the transport network (in terms of capacity and congestion), or on highway safety, can be cost effectively mitigated to an acceptable degree.

109. Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.

Policy DP9 of the adopted Local Plan reflects this guidance and requires that Development proposals make safe and satisfactory provision for access, including emergency vehicles.

The scope of the access arrangements include a new link road which will follow a route through into the site and act as distributor road to provide access into the parcels of land that are covered by the planning application scheme (2 residential areas and 2 commercial zones). The new link road will run directly east of the existing McDonalds restaurant access (with its large car park) continuing the existing alignment of the carriageway and curving into and around the application site to fixed points to serve the four development areas as referred. The new highway corridor is proposed to include footways. The minimum width of the new network including footways would be 12.0 metres. The internal street layout of the development areas would then be fixed as part of the reserved matters stages.

Emergency access: Originally it was proposed to prohibit the movement of motorised vehicles along the existing section of Sandys Hill Lane so that it could be safeguarded for safe and convenient use by pedestrians and cyclists. This remains the case in response to members concerns the applicant has proposed a change to allow its use by emergency vehicles (refer to pages 3 and 4 of Appendix A). This change would enable emergency service vehicles to access the wider site from the south, ie via Little Keyford Lane.

As the statutory consultee on these matter, officers from the Highway Authority (Somerset County Council) have provided further clarification on the acceptability of the proposals as set out above for Members consideration. It is noted from their comments that a further condition would be required in terms of the necessary alterations to Sandys Hill Lane so that it can continue to be used by emergency vehicles to access the development area as set out above. This condition has been attached below.

It is not proposed to examine the advice from the Highway Authority in detail because it is considered to be self-explanatory. However in order to provide members with further background reference is set out below to guidance from the Somerset Estate Road Design Guide which sets out design parameters that should be followed in terms of designing for new development.

Specifically in relation to the matters raised by members the design guide clarifies that short lengths of new road linking collector roads to local distributor roads should not serve more than 300 dwellings.

It is recognised that the concerns expressed by members regards the access arrangements is a legitimate consideration supported by both local and national policy, and whilst it is agreed that multiple points of access to a new development could be beneficial, it does not automatically mean that severe harm to highway safety will result if only a single access is proposed. Officers remain of the view that the access arrangements as proposed would not be harmful to highway safety.

2.To look at the re-use of Keyford Farmhouse (and associated buildings) rather than knocking it down

Reflecting on the discussion by members that lead to this decision, their main concern was with regards to seeking to protect the existing network of farm buildings, including Keyford farmhouse. The applicant has set out why they have not elected to give further consideration to this matter (refer to Appendix A). As reported officers have already concluded that the demolition of this group of buildings would result in less than substantial harm to the non-designated heritage asset.

With regards to this matter, relevant guidance in terms of determining this planning application is set out at paragraph 197 of the National Planning Policy Framework: 197. The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.

Policy DP3 of the Councils adopted local plan reflects this guidance at the local level

A reason for refusal on this basis would not prejudice the delivery of the site in accordance with emerging policy FR2, however as stated by the applicant (Appendix A pages 5 and 6) it would result in a lower level of housing than currently proposed and thus a reduced amount of affordable housing. Members are directed to the main report below for an overview in terms of balancing the harm (less than substantial) as a result of the demolition of Keyford farmhouse and the associated buildings against the benefits that would arise if planning permission was to be granted which are clearly set out in the main report below. As confirmed in the report pack officers remain of the view that the public benefits arising from the development which are set out in full in the main report below, outweigh the harm arising from loss of Keyford farmhouse and associated outbuildings.

3. To include a wider green buffer zone between existing houses on Little Keyford Lane and the new proposed housing

Reflecting on the discussion by members that lead to this decision, their main concern was in order to protect the setting and tranquillity of the listed buildings and the amenity of existing residents (area north of Sandy's Hill Lane only). The applicant has set out their position on this matter on page 6 of Appendix A.

Given that the entire site, up to the boundaries with Keyford House and no’s 8,9,11 and 11A Little Keyford Lane, form part of the FR2 allocation in the emerging Local Plan 2 and given the nature of the application, submitted as an outline application with all matters relating to layout reserved for future consideration.

The issue in relation to the impact on the setting of the Heritage Assets as referred has been raised quite correctly by the Council’s Conservation officer in the main report below. A detailed layout will be presented for consideration and assessment at the reserved matter stage which will enable the Local 6

planning authority to retain control in terms of protecting the ‘setting’ of the listed buildings . The same reasoning would apply to clarifying the impact of the development on the residential amenity. Officers remain of the view that approval of this outline application will not prejudice the Local Planning Authorities capability to safeguard the setting of the listed buildings and/or the amenities of the occupiers.

Conclusion:

The applicant has confirmed that they request that the Board determine their application as it was presented to the meeting on the 10th June 2020 with the only alteration being that Sandys Hill Lane should remain accessible for emergency vehicles from Little Keyford Lane.

In terms of the first area of concern raised, whilst a secondary access might be desirable, the Highways officer has re-examined the proposals in light of the members concerns and continue to confirm their support. With provision now made for a secondary access into the site for emergency service use officers would suggest the changes as proposed redress the safety access that has been raised. In terms of controlling these details through the planning process please refer to requirement (v) of condition 2 as recommended. Given that there are no objections from the Highway Authority in terms of the access arrangements officers would suggest that they also meet the local plan test (DP9) of providing a satisfactory access and therefore the refusal of the application on this basis is not considered to be justified.

In terms of the second area of concern it is considered that the benefits associated with the application scheme, including maximising the delivery of housing, and affordable housing, on the site would outweigh the harm arising from the demolition on the keyford farmhouse and associated buildings.

In terms of the third area of concern officers are of the view that an adequate buffer can be achieved at reserved matters stage that would preserve the setting of the designated heritage assets and the residential amenity of neighbouring occupiers and that refusal of the application for this reason would not be justified.

As per the report presented, incorporating the changes as set out on the updating sheet, to the Board on 10 June 2020 the officer recommendation remains to approve the application subject to the completion of a S106 agreement and conditions.

Recommendation:

As per the main report below.

MAIN REPORT – Please note that the report below has been revised to include the issues raised in the update report to the 10 June 2020 Planning Board meeting.

Referral to Ward Member/Chair and Vice Chair:

This application is referred the Planning Board as it is an application for development that would be a departure from the existing adopted Development Plan. In addition the application needs to be determined by the board for probity reasons as Cllr Mr P Ham is one of the joint applicants.

Description of Site, Proposal and Constraints:

The application relates to land North and South of Sandys Hill Lane on the edge of Frome. The site consists of approximately 12.4 hectares of agricultural fields south of Marston Park beyond Wessex Fields Trading estate and retail-park. The area includes land parcels both sides of Sandys Hill Lane, including Keyford farmhouse and the associated farm buildings which would be demolished as part of the scheme. The field area to the east immediately behind Coachmans Cottage, and the Keyford 7

House and the Coach House and their associated curtilage areas are excluded. Access is proposed via a new distributor road off Sandys Hill Lane just beyond the mini roundabout outside of the McDonalds Restaurant site.

The proposal is an outline planning application (all matters are reserved apart from access and the main distributor road) comprising a mixed use development of existing farm buildings/farmhouse and development incorporating up to 235 dwellings, employment floor space within Use Classes B1 (a/b/c) of up to 4,050sqm (unit sizes ranging from 140sqm to 560sqm), a Drive Thru unit of up to 170sqm (Use Class A3/A5), a food retail building of approximately 1,800sqm and a non-food retail unit of approximately 1,400sqm.

Details of appearance, layout, scale of buildings and landscaping are reserved for consideration at a later stage under a reserved matters application.

The plans submitted with the application include a site location plan, an indicative site plan, proposed access plan (also preliminary highways levels and road profiles plans). In addition an indicative masterplan layout of the residential area is submitted to demonstrate how the site may be brought forward for development at the reserved matters stage. When the application was first submitted permission was sought for up to 250 dwellings with employment floor space as follows: 3,500 square metres of B1 and B2 employment floor space and 550 square metres of B8 employment floor space.

However during the assessment of the scheme the applicant has amended the scope of the application as set out above and as confirmed by the applicant’s agent on 3rd March 2020.

The site has been put forward as a mixed use housing allocation/employment allocation for up to 200 dwellings and at least 4.5 hectares of employment land in the emerging Local Plan Part II.

Relevant History:

LPA case ref: 2011/0417: The following planning application which was renewed in 2011 (original ref: 118767/000) and which relates to the north-west corner of the site. The permission was to extend the time limit for implementation of extant planning permission 118767/000 for the erection of two non-food retail units and car wash with associated car parking and landscaping. The permission was issued on 29.06.2011 for a five year period.

Summary of Ward Councillor comments, Town/Parish Council comments, representations and consultee comments:

Ward Member for Selwood: No objection

• comments reflect points raised by Frome TC and Selwood PC • a joined up approach is needed for roads and sewage treatment due to the strong likelihood of further development for this entire side of Frome out to the Bypass boundary.

Ward Member for Park Ward Frome: Object to the scheme as a whole for the following reasons:

• The application is premature. • The land to the west of Frome, identified in the local plan, should be developed as one project rather than bit-by-bit. • The development may affect highways plans further down the line impacting on a larger development. • Evidence is needed that this development will be in sympathy to listed buildings and the heritage of the area. 8

Ward Member for Keyford Ward Frome. Requests that the outline application be referred to Planning board.

• The application is for a much greater number of houses than originally envisaged which will create more traffic. • The street layout needs some revision and the development does not appear to 'join up' with the rest of Frome. • Uncertain that the land is allocated for development as we are awaiting confirmation of revisions to the Local Plan.

Frome Town Council: No objection

• Check retail impact of the scheme on Frome Town Centre • Concern about deliverability of the employment land • Footpath and cycle links to surrounding area are necessary • Capacity of highway needs to be assessed to ensure it can carry the additional traffic. • The application is premature and proposed a development quantum that exceeds the emerging site allocation (FR2).

Selwood Parish Council: Recommend refusal for the following reason.

• The current traffic along the Butts and the infrastructure is unsuitable and inadequate to cope with the development.

Policy Team Comments: No objections / recommend approval

Clarification of the emerging allocation FR2 was confirmed in the original comments made on 20th August 2019 but the team reserved judgement at that time in terms of the weight that could be given to the policy in the determination of the application. Further comments have been received on 29th April as set out below.

• Scope/Status of Response: This is an additional response addressing policy principles only and updates comments made in August 2019. Since this time, the council’s housing land supply position has changed. In addition, the Local Plan Part 2 (LPP2) Inspector has published a post-hearing interim note (ED20) and a further note (ED27) following consultation on main modifications (MM). Full and summary responses to the MM consultation can be found on the Mendip website.

• Housing Land Supply: NPPF Para 73 advises that where an adopted local plan is more than five years old, five year supply should be calculated against a national Local Housing Need figure. This is currently 604 dwellings p.a. in accordance with the national standard method. The council cannot demonstrate a five year supply against this figure and the presumption in favour of sustainable development as set out in NPPF Para 11d applies. It should be noted that at examination and in other reports, policy officers have emphasised the importance of early housing delivery of sites in LPP2 as a means of addressing the shortfall in supply. • Allocation FR2 and Progress on Examination: Allocation of site FR2 and the Council’s proposed changes were considered at examination. There is nothing in the Inspectors post- hearing note which suggests he considers the allocation is unsound or not deliverable. A limited number of clarifications to policy FR2 were included in main modifications (see MM25) and not subject to objections. This includes a clarification that site allocation capacities should be a minimum and flexibility on the quantum of habitat provision.

• The cumulative impact of the allocated sites in Frome on highway capacity was significant topic of discussion at examination. This has resulted in a new policy DP27 being introduced (See MM17) which applies to this site. The policy is considered to have weight as it is specifically supported by the LPP2 Inspector. ED20-Appendix states: ‘MM13 New policy to address the impact of the Local Plan housing allocations on the Strategic Road Network; and to address more detailed matters, including key highways links and junction improvements in the Frome area. [Wording set out in IQ20a]’

• There were no objecting representations made to the principle of DP27 in MM responses.

Revised Recommendation

• In principle, the Council have endorsed this site as a suitable and sustainable site for development by allocating it in LPP2 and setting requirements in policy. Local Plan Part 2 is at an advanced stage and officers consider the draft policy can be given substantial weight. This takes account of the Inspector’s supporting changes to policy FR2 in his interim note ED27. The LPP2 Inspector has now identified some matters and issues in his note ED27 which will require new examination hearings, but these do not apply to sites in Frome or Policy FR2. Weight should also be given to the new draft policy DP27 in relation to securing highway contributions.

Conclusion

• The application should be considered for approval in principle in the planning balance based on o Support from the council and LPP2 Inspector on the draft allocation o the positive contribution to the shortfall in five-year supply and supply of employment land

Highways England: No objection.

Lead Local Flood Authority: No objection subject to conditions

• Surface Water Drainage (SuDS) While we believe this to be a workable scheme, it is not aspirational in terms of SuDS features. At reserved matters we would expect a fuller and more detailed review of the greener SuDS features which could be used here, incorporating the principles of the four pillars of SuDS for amenity, biodiversity, water quality and reduced flood risk factors. Designs for both residential and commercial elements should focus on using these sustainable drainage principals. Therefore, our response should not be seen as an approval of the use of underground tanks and these will need to be reviewed along with other SUDS features appropriate to the development. • Slowing the flow to improve downstream flood risk is critical on this site. The layout must recognise this and be designed to reduce conveyance of flow downhill, which could be accomplished by the use of features such as swales across the contours of the site. • We agree that looking at the site in terms of sub-catchments should be undertaken and should inform the drainge design. Additionally, any works to any ordinary watercourses may need Land Drainage Consent from ourselves, (please see our informative for more details). The EA should also be consulted on this application, if not already, as this site appears to drain towards a Main River. • We have no objection to the development subject to the above comments and below informative and condition being applied to the application. • Wessex Water: have made the following comments about the application clarifying that future arrangements for foul disposal and surface water disposal are achievable (summary of comments as follows).

• Foul Disposal: Proposed foul flows as detailed in the FRA submitted with the application confirm the following; the peak rate of foul flow for the development has been calculated and submitted to WW as part of a 'point of connection' enquiry and through this process WW have identified a suitable point of connection near the roundabout on Sandys Hill Lane. • Foul flows generated by the development will route through a series of new private and adoptable foul sewerage networks. The northern and southern residential catchments will each be served by a new adoptable foul pumping station, with the employment area to be served by its own private package pumping station. • Each pumping station will direct flows off-site, towards the agreed point of connection, where a gravity break chamber will receive pumped flows and offer a gravity connection to the existing public network. An indicative alignment for the proposed foul network has been identified on the preliminary drainage layout within Appendix E of this report, whilst copies of our correspondence with WW have been included within Appendix H for completeness.

• Surface Water Disposal: The proposed surface water strategy as detailed in the FRA confirm the following. The underlying ground conditions are unsuitable for infiltration drainage. Instead, runoff will be attenuated on-site and limited to greenfield rates of discharge, whilst also mitigating any additional volume of runoff through Long-Term Storage. The restricted outflow from the site will discharge to the existing receiving ordinary watercourses to the south-east of Little Keyford Lane, via a combination of new and/or existing adopted surface water sewers. These watercourses convey flows towards the River Frome.

Conclusion • Capacity is generally very limited throughout the catchment and downstream of any adequate point of connection. Wessex water are currently aware that there is the likelihood for additional developments to come forward at this part of Frome. Additional appraisals will be required if the site proceeds to determine the extent of any reinforcements. • Any identified reinforcements will be Wessex Water 's obligation and will be reviewed in line with all sites coming forward

Highways Authority: No objections subject to conditions and provisions with the legal agreement.

Comments from the Highway Authority have been submitted at various stages since the application was first submitted with final comments received on 19 February, with a summary of key points below.

• Proposed access arrangements: The main access arrangement is shown on submitted plan drawing no: PLL-102 revC. It is shown that the site will be accessed via a realignment of Sandys Hills Lane. The 7.3m existing carriageway will be continued as will the 1.8m footways on either side. The exiting Sandy Hills Lane alignment will be closed off to vehicles. No details have been submitted at this time for the internal distributor road other than a junction just below the existing McDonalds junction. This is assumed to be indicative as it is too close to the McDonalds junction and no visibility splays have been provided. This matter is now resolved on the basis that it will not form part of the adopted highway. • Pedestrian /cycle Links: The proposal also includes the closing off of part of the existing Sandys Hills Lane such that it’s to be used only by pedestrians and cyclists. Providing a suitable exit point onto Sandys Hills Lane together with crossing facilities. The internal layout of the site will be subject to a reserved matters planning application which should provide an appropriate pedestrian / cycle network. • Internal Layout (Estate Roads): Whilst it is acknowledged that this is an outline planning application and the internal layout will be provided at reserved matters. The masterplan has been reviewed and the comments are set out below:- • The northern ‘estate’ 11

There are a couple of right angle corners – with access/driveways leading off them, such non standards layouts are uncommon and may confuse motorists, for this reason they are likely to raise concern / comments at technical review. A longer than standard blockwork table is shown at a junction. One of the property driveways is shown adjacent to the table which is nonstandard and may raise concerns / comment at Technical review. • The southern estate The access to the circular road is on a corner and relatively narrow, on the southern side, this may lead to overrun of the footpaths by vehicles making the left turn out. This is likely to be considered in some detail and could possibly raise concern / comments at technical review. Two shared surface driveways/ roads connect to the new estate road on a corner in close proximity with a tree shown between them. There is a risk of conflicts between motorists entering and exiting and this is likely to raise concern / comments at technical review. • There are what appears to be areas of shared surface road / driveway - all roads proposed for adoption require a 1m margin to the sides and 2m to the ends of shared surfaces. • Shared surfaces for adoption need to be in blockwork. • If shared surface roads are to remain private, bin storage areas adjacent to the proposed highway will be required where properties are over 15m from the proposed highway (the maximum distance refuse operatives will walk to collect is now 15m) • If shared surface roads are proposed for adoption adequate provision of turn heads will be required. • Some off street parking areas appear shorter than the minimum requirements (min 5m – longer if the adjoin garage doors). This could result in vehicles overhanging the footpaths which is unacceptable for roads proposed for adoption. • Some building outlines appear to be close to junctions and may interfere with junction sightlines. • Trees are shown close to junctions where they may interfere with visibility splays • Parking Proposals: The proposed level of parking on the site will be determined at reserved matters, however, it should be in accordance with SCC parking strategy as set out in the submitted TA.

Public Rights of Way: There are no PROW’s running through the site.

Further consideration of Highway safety and capacity issues are considered later on in this report.

Environmental Protection: No objection subject to conditions.

• Initially an objection was raised with regards to affording sufficient protection for the future occupiers of the proposed residential dwellings given the employment land-use mix that was proposed. Following the removal of B2 and B8 uses from the application scheme the objection has been withdrawn subject to the imposition of conditions.

Contaminated Land: No objection subject to conditions to reflect the evidence presented in the Geotechnical report.

Ecology: No objection subject to conditions

Natural England: Comments

• I note that the Council’s Ecologist is undertaking an Appropriate Assessment for this proposal and I will provide comments on that when it is received. • Whilst the recommendations for ecological mitigation contained within the Ecology Survey Report (Crossman Associates 13 Feb 2019) are supported the Illustrative Masterplan submitted shows very limited areas of Public Open Space and ecological 12

mitigation. Given the potential of the site (a network of species-rich hedgerows supporting a "healthy bat population" and reptile population), I would expect to see much larger areas for ecological mitigation. • Retaining and enhancing hedgerow towards the centre of the site should not be regarded as providing functional areas of ecological mitigation because of development surrounding these areas. • More generous open space provision on the edges of the site is required so that ecological function can be maximised. Public open space and ecological mitigation can be compatible if managed correctly.

Any further comments from Natural England will be reported prior to the meeting.

Historic England: No comments

• On the basis of the information available to date, we do not wish to offer any comments. • We suggest that you seek the views of your specialist conservation and archaeological advisers, as relevant.

Conservation Officer: Comments as follows:

• There are a number of Grade II listed buildings off Little Keyford Lane, in close proximity to the site, whose significance could be harmed due to the impact on their settings: • The current settings of the above listed buildings are predominantly their rural position beyond the built-up edge of town area, where development is sparse. Little Keyford Lane is narrow and tranquil, lined with hedgerows and trees and, in part, the boundary wall to Keyford House. The site is currently undeveloped agricultural land (save for Keyford Farm), and the listed buildings lie very close to parts of the site boundary, in particular the boundary wraps tightly in front of nos.11 & 11a and to the rear of nos. 8 & 9. Keyford House enjoys a large garden to which the site will abut with the closest part of the boundary being very close to the northern corner of the house itself. Setting is not limited to the visual, but other factors which affect how the building is experienced, such as noise, smell, light etc. The tranquility of the area and the rural aspects are key to the settings of these listed buildings which contribute to their significance. • The development will result in the loss of this tranquilty: the lane will become busier and the increased activity on the site itself will inevitably be reflected in the usual ambient noise and light levels associated with a residential and retail development, thus changing the character of the area. The application indicates that green buffers will be used to shield the development from the listed buildings, thereby accepting that some harm will be caused to their settings which this would aim to mitigate. As an outline application this is not currently proposed but I would have concerns that the harm to setting can be adequately mitigated in this way.

Housing Enabling Officer: No objection subject to S106

Education, SCC: No objection subject to receiving a financial contribution as part of S106 agreement to provide additional early years, primary and middle school places. (consultation responses dated 8 August 2019 and updated 28th November 2019)

South West Heritage: No objection subject to conditions

Local Representations:

27 letters of objection have been received raising the following summarised issues: • The area already suffers from congestion and traffic, an increase in traffic would cause a great deal more • Small lanes currently only allow two cars to pass, an increase in traffic will make it unsafe for walkers, cyclists and horse riders. • Concern that widening of the road will merely create additional street parking for the McDonalds • Concern that the site would drastically increase the noise and light pollution within the surrounding area • Concerns over parking as the location means it will be necessary to drive into Frome • Inadequate space for recreation, leisure and wildlife • Concern that doctors, hospitals, schools, police and fire services will become underserviced with such a large increase in population of the area • Minimum of 250 more cars in the area drastically increases the health and safety risk to children • Large retail shops are already damaging small businesses, this development would only cause further damage and therefore will not bring any economic gain to the local economy • The development poses a direct threat to some of the listed buildings in the area, such as Keyford House(Grade II), Keyford House Gates and Walls (Grade II), 8, 9, 10, 11 and 11a Little Keyford Lane (Grade II) • Keyford Farmhouse is not well documented enough for it to be demolished • The Heritage Impact Assessment is inadequate and does not efficiently assess the heritage setting • When the site was originally considered it was deemed suitable for 200 houses but this proposal aims for 250 which is too high a density for this area • Concerns over flooding within this area and a lack of consideration within the application • Concerns that the focus should be on improving existing infrastructure and concentrating on urban regeneration at sites such as Saxonvale before looking at expanding on Frome • Concerns about the Great Crested Water Newts and Slow Worms as they are reported to be found along the outskirts of the development along with Greater and Lesser Horseshoe Bats and Barn Owls being found to frequent the area • Lose of valuable farmland as well as destruction of a historic farm and farmhouse • Lack of information about the suggested sewage works and the impact on the houses at the bottom of the site should the system fail • Concerns over the devaluation of the surrounding properties • Concerns that outdated information has been used in regards to the Retail Impact Assessment • Development of the site will set a precedent for further building and development on green space • Concern that planning permission was applied for a few years ago with the result being only to build agricultural buildings not industrial or domestic as proposed in this application • Concerns over conflict of interest as the application is jointly filled in on behalf of a family named Ham – is there a relation to P. Ham that is listed as a councillor on the Mendip website • Activity has commenced on site

1 letters of support have been received on the following summarised grounds • The estimated increase in traffic will not greatly impact the congestion in the area • The proposed site has a good balance of residential and employment space

2 further representations expressing neutral comments.

Frome & District Civic Society: Object

• Details do not sufficiently assess the setting of the listed and non-designated Heritage Assets within and adjacent to the application site. • The proposals indicate the demolition of Keyford Farm House, and landscape features associated with Little Keyford House (Grade II listed). Concerns about potential loss of historic and architectural significance.

Frome Chamber of Commerce: Objects

Full details of all consultation responses can be found on the Council’s website www.mendip.gov.uk Summary of all planning policies and legislation relevant to the proposal:

Section 38(6) of the Planning and Compulsory Purchase Act 2004 places a duty on local planning authorities to determine proposals in accordance with the development plan unless material considerations indicate otherwise. The following development plan policies and material considerations are relevant to this application:

The Council’s Development Plan comprises:

• Mendip District Local Plan Part I: Strategy and Policies (December 2014) • Somerset Waste Core Strategy • Frome Neighbourhood Plan

The following policies of the Local Plan Part 1 are relevant to the determination of this application:

• CP1 – Mendip Spatial Strategy • CP2 – Supporting the Provision of New Housing • CP6 – Frome City Strategy • DP1 – Local Identity and Distinctiveness • DP3 – Heritage Conservation • DP4 – Mendip’s Landscapes • DP5 – Biodiversity and Ecological Networks • DP6 – Bat Protection • DP7 – Design and Amenity of New Development • DP8 – Environmental Protection • DP9 – Transport Impact of New Development • DP10 – Parking Standards • DP11 – Affordable Housing • DP14 – Housing Mix and Type • DP16 –Open Space and Green Infrastructure • DP19 – Development Contributions • DP23 – Managing Flood Risk

Other possible Relevant Considerations (without limitation):

• National Planning Policy Framework • National Planning Practice Guidance • The Countywide Parking Strategy (2013) • Frome Neighbourhood Plan 2008-2028 • Frome Town Design Statement (SPD,2015)

The following policies of the Frome Neighbourhood Plan are relevant to the determination of this application: 15

• H1, BE1, TC1, T1 & Sustainable Development Objectives (H2, D1)

Emerging Policy: Local Plan Part 2 (including proposed changes):

• Policy FR2 - Land North and South of Sandys Hill Lane. • Policy DP27 – Frome

Assessment of relevant issues:

Principle of the Use:

Within the context of the adopted development plan the site is not promoted for any development and falls outside of the settlement boundary for Frome, and therefore there would not be development plan policy support provided by Local Plan Part I policies CP1, CP2 and/or CP6.

However Members will be aware that the site is allocated in the pre-submission Local Plan Part II (including proposed changes) and is identified as Policy FR2. Although the process of adopting the plan remains ongoing, at this stage and given the outcome of the examination process in relation to this site, the principle that this is a sustainable location for a mixed use development comprising residential development and a range of employment uses is considered sound.

In addition as a result of the need for additional housing allocations within the district, the Inspector as part of the post examination changes qualified that the requirement for 200 dwellings on the site should be treated as a minimum requirement. Other changes include the inclusion of retail units and activities within use Class A3/A5 as acceptable land uses. On this basis it is considered that significant weight can be attributed to this emerging policy in completing the assessment of this application

Residential details: The application has been revised to seek planning permission for upto 235 dwellings, which reflects the aspirations for the site from the developer (Curo) who are in contract to deliver the residential part of the proposed scheme. Further information about their delivery record and their timetable for this project is set out below (ref; letter dated 16th April 2020).

“Curo Enterprise Limited is the commercial housebuilding entity within Curo Group. Curo Group is a housing association and housebuilder based in Bath. We manage over 13,000 homes, have more than 25,000 customers and build hundreds of new open market and affordable homes each year. Curo Enterprise has an extensive long-term development and land acquisition programme, working to build hundreds of new homes every year. We generate financial returns from commercial housebuilding, but unlike a private developer we do not have shareholders; instead, we reinvest the profits in providing more affordable homes for people in the region. Our other live commercial housebuilding sites include the former MOD Site at Foxhill (Mulberry Park), Bath (700 homes as part of a mixed use scheme); Land at North End, Yatton (154 homes); Henacre, Lawrence Weston, Bristol (128 homes); and Hygge Park, Keynsham (56 homes).

I appreciate the Council is keen to understand likely timeframes for delivering much needed homes at this strategic allocation and for ease of reference we set out below an indicative delivery trajectory. Notwithstanding the current uncertainty, it should also be noted that the trajectory is based on a number of assumptions that are subject to change. However, we hope to work closely with the Council and stakeholders in delivering the homes as soon as possible.”

Year Milestone

2020 - Completion of the S106 Agreement /Outline Consent (June 2020) - Reserved Matters Approval (December 2020) - Discharge of Pre-Commencement Conditions (December 2020) - S278 Agreement & Technical Approval (December 2020)

2021 - Detailed Design - Remaining Technical Approvals / Sectional Agreements - Tendering/Preparation for Construction - Infrastructure - start on site (April 2021) - Housebuilding – start on site (September 2021)

2022/23* - Delivery of 50 Homes

2023/24* - Delivery of 60 Homes

2024/25* - Delivery of 60 Homes

2025/26* - Delivery of 60 Homes

2026/27* - Delivery of remaining homes (Construction Complete) * Financial year

Although this application submitted in outline there is a clear strategy to deliver the development within a relatively short timeframe. Further analysis of the impact of delivering 235 residential units (as set out on the indicative masterplan) across the site area is set out in the next key issue section of this report.

Employment land details: As revised the application seeks permission for up to 4,050sqm (unit sizes ranging from 140sqm to 560sqm) of employment floor space for activities with B1 Use Class (a,b,c). The indicative masterplan safeguards an area of approximately 4.5 hectares across the top section of the site for this development, effectively providing a seamless extension to the adjacent commercial zone, and on this basis meets the requirements of the emerging policy in terms of the quantum of development proposed.

Following input from the Council’s Environmental Protection Officer, the employment land will be restricted to B1 uses, with the B2 and B8 removed, in order to ensure that the future employment uses/activity are appropriate given that the development area will be directly adjacent to the new homes. In addition the masterplan indicates provision for smaller scale employment uses with the areas of the site that the masterplan identifies primarily for residential uses. From a delivery point of view the proposed access arrangements and alterations to the highway show separate spurs to serve the site to be permitted for employment land.

Update: The requirement to safeguarding 4.5 ha of land for employment uses by S106 agreement has now been deleted as it is considered unnecessary as the requirement is inherent in the description of development.

Retail details. The application seeks permission for two retail units of 1,800 (food) and 1,400 (non- food) square metres which would fall in the A1 use class and a drive through restaurant of 170 square metres which would fall in the A3/A5 use class. As the proposals include over 2,500 square

metres of retail floor space outside of the Town Centre, and in accordance with paragraph 89 of the National Planning Policy Framework (NPPF) the applicant has submitted a retail impact statement. The statement indicates that the food unit (unit 1) is assumed to be an Aldi store (or similar format) and the non-food unit (unit 2) is assumed to be a Home Bargains store or similar format.

In local policy terms adopted policy CP1 and CP6, and emerging policy FR1 of the emerging local plan in relation to the development aspirations for the Saxonvale site, are relevant in relation to the assessment of this part of the application. Given that the development aspirations for Saxonvale have been revised since the adoption of policy CP6 it not considered that this aspect of the application is in direct conflict with emerging policy FR1, and therefore the key policy objective is to assess how this part of the application would affect the vitality and viability of Frome Town centre. A summary conclusion of the impacts are set out below.

• There are no suitable, available or viable alternative sites that could be considered sequentially preferable to the proposed development.

• Comparison goods (non-food) impact: In terms of the centres examined Frome Town Centre will experience the highest level of impact, but the trade diversion away that is likely to arise from the development is considered modest.

• Convenience goods (food) impact: In terms of the individual stores considered each of the existing supermarket stores would experience some trade diversion but again not considered to be significant.

In summary the assessment to support the application demonstrates that the proposed development would not have a significant impact on planned or committed investment in Frome Centre or have a significant adverse impact on the vitality and viability of the centre as a whole. Furthermore as stated above historically the LPA have already granted planning permission for additional retail units on part of the site in the north west corner under LPA case ref: 2011/0417 although this permission has now expired. In addition the emerging policy framework includes retail development and uses within the A3/A5 use class as acceptable land-uses for the site.

Delivery requirements: It is noted that there are no requirements in policy terms concerning the precise timing of the delivery of the range of land-uses proposed. However the indicative masterplan sets out a spatial strategy that would enable the delivery all of the land-use components as applied for.

Frome Neighbourhood Plan: The proposals are considered to respond positively to the aims and objectives of the following policies H1, BE1 and TC1

Summary: As stated above concerns have been expressed locally about the proposed retail floor space and the impact that it would have locally, the timing of the delivery of the employment land, the amount of new housing proposed and that the application is premature as the emerging development plan has not yet been adopted.

Notwithstanding these concerns that have been expressed by some local stakeholders, the range of land uses proposed are considered to be in accordance with the emerging development plan. Furthermore it is considered reasonable to apportion significant weight to the emerging policy in favour of supporting the application as a departure from the adopted development plan in terms of the range of land uses proposed. Finally in terms of the landuses proposed, the application scheme is considered to accord with the policies in the Frome Neighbourhood plan.

The provisions as set out at Paragraph 11(d) of the National Planning Policy Framework (NPPF) will be taken into in completing the overall planning balance.

Design of the Development and Impact on the Street Scene and Surrounding Area:

This application is submitted in outline with only the means of access to the site proposed therefore the detailed design has not been confirmed at this stage, and would come forward at reserved matters stage.

However the applicant has submitted an indicative masterplan which safeguards sufficient land to enable the minimum amount of employment land to be provided, and how a residential development of up to 250 houses (in two separate locations on the site) can be accommodated in conjunction with adequate space across the site to provide formal and informal open space and an area for habitat replacement.

At this stage of the application process this is considered sufficient, with the details to be approved at the reserved matters stages which the applicant has now confirmed will be for upto 235 dwellings.

In summary as this stage the application is considered to accord with policy DP1 and DP7 at a high level which is considered sufficient at outline stage.

Impact on Landscape Character:

The application site adjoins the built up area of the Frome town Boundary and is bounded by existing built form on both the northern and eastern boundaries. The site is considered to be visually contained to the north with a proliferation of residential curtilage areas and small pockets of woodland falling within it, including Keyford Farmhouse which is proposed to be demolished on the southern boundary.

The applicant has submitted a Landscape and Visual appraisal assessment (LVA) and has undertaken desk and field based ecological surveys.

The LVA tests the impact of delivering a new urban form from a number of key view points and demonstrates that subject to ensuring that the height of the new built form, the overall scale and siting is controlled (which will be completed through the assessment of the details at the reserved matters stage) it is not considered that there will be any significant adverse impact on the overall landscape character and visual amenities of the locality.

Impact on Ecology:

The site area is largely semi improved grass land and falls within the consultation zone of the Mells Valley Special Area of Conservation (SAC).

Due to the size and characteristics of the site (woodland, hedgerows, pond & scrubland) it provides a valuable habitat for a range of interest, including some bat species. The Ecologist has considered the evidence base as submitted and agrees that the planning application scheme can be accommodated without adversely affecting any wildlife interests subject to securing enhanced habitat across part of the site to partly mitigate against the impact of the development. Specific conditions are recommended to secure improved habitat for the local bat population given the proximity of the site to Mells Valley Special Area of Conservation (SAC), as analysed further below.

Parallel to the completion of the assessment of this planning application the Ecologist has completed a Habitat Regulations Assessment of the impacts of the application scheme, in order to understand the impact of the development on the likely effects on the protected site. Whilst the proposal will not result in the loss of habitat the impacts are summarised as follows: loss / degraded foraging habitat, severance of flight lines, operational light disturbance.

In order to compensate for these impacts an area of approximately 2.06 ha compensatory land is required. As shown on the supporting masterplan this is to be provided across the site largely on the southern boundary.

Subject to securing the compensatory open space/ associated management and lighting strategy plans to be secured via the Section 106 agreement to provide replacement habitat it is not considered that the development would have an adverse effect on the integrity of the Mells Valley SAC.

Update: The County Ecologist has since reviewed the scope of the HRA assessment and has revised it accordingly as set out in an email dated 20th May to ensure the correct quantum of replacement habitat is secured. Further to the comments in the report pack Natural England have also confirmed that they support the scope of the ecological mitigation as set out which clarifies that 1.52 hectares of replacement habitat is required. The relevant ecology conditions have been amended accordingly and the requirement for the provision of at least 2.06 hectares of replacement habitat to be secured by S106 has been removed.

Impact on Trees and Hedgerows:

An arboricultural impact assessment has been submitted in support of the application which includes a tree survey of the site. All trees are proposed to be retained within the site, with the exception of 3 category U poor quality trees, one of which sits as part of a roadside hedgerow on Little Keyford Lane. Hedgerow removal will be kept to a minimum to facilitate access and circulation around the site.

In summary it is considered that some loss of hedgerow is acceptable subject to the creation of replacement hedgerow and other replacement planting, and these matters would be resolved at the reserved matters application when the detailed design has been set out. Conditions are recommended to ensure tree retention (including buffer zones), additional planting and root protection zones during construction.

Taking all of these points together, it is considered that the proposal would have some effect on the character and appearance and the ecological value of the landscape because of the change from rural, open greenfield land to urban development. However given that the Council have allocated the site for development the scope of the impact as demonstrated on landscape, visual amenity and as stated above in terms of ecological impact is considered acceptable (policy DP1, DP5, DP6 and DP7).

Impact on Heritage – Designated and Non-Designated Heritage Assets:

There is a duty under Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 in considering whether to grant planning permission for development which affects a heritage asset or its setting to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

It is one of the core principles of the NPPF that heritage assets should be conserved in a manner appropriate to their significance. Chapter 12 of the National Planning Policy Framework at paragraph 129 sets out that the Local Planning Authority should identify and assess the particular significance of any heritage asset (designated and/or non-designated). They should take this assessment into account when considering the impact of a proposal on a heritage asset with the aim/objective of avoiding or minimise conflict between the heritage asset and any aspect of the proposal. At the local level policy DP3 echoes these objectives.

Concerns have been raised about the impact of the application scheme on the setting of a number of listed buildings which are in close proximity to the application site which are designated Heritage

Assets. In addition concern has also been raised about the demolition of loss of Keyford farmhouse and its associated grouping of outbuildings.

The applicant has submitted a Heritage Impact Assessment to inform the impact of the application scheme on the nearby listed buildings. A summary assessment of the key impacts is set out below.

There are 5 listed properties building within a reasonable proximity to the site. Keyford House (Grade II listed) and conservatory with its listed front boundary wall/gates, no’s 11, 11A, 8 and 9 Little Keyford Lane sit away from the site on its south easterly boundary. All the buildings are in residential use and as such self-contained within their respective curtilage area. As stated by the Conservation Officer the application scheme will affect the tranquillity of the wider setting of these assets with the introduction of built form and activity. The scope of this impact is concluded as less than substantial, even when mitigation measures, potentially to be secured at reserved matters stage, are taken into consideration.

With regards to Keyford farmhouse, which is to be demolished, following the submission of the application local stakeholders applied to Historic England presenting the case that the building should be designated as a listed building. The result of this process was that the Keyford farmhouse building and wider site was not selected for listed status. The building is nevertheless considered to be a non-designated heritage asset and the proposed demolition of Keyford farmhouse and associated outbuildings is considered as less than substantial harm.

Paragraphs 193 -197 sets out the framework for decision making in planning applications relating to heritage assets and this application takes account of these relevant considerations, and requires that as the harm is considered less than substantial, the scope of harm should be weighed against the public benefits which would be secured if the planning was to be approved (please refer to Conclusion and Planning balance section of this report as set out below) of the planning application as outlined.

Impact on Archaeology:

In terms of the archaeological impacts following the application submission the applicant was requested to complete further on site analysis involving geophysical survey and trial trenching. This work was completed and submitted the County Archaeologist for review.

The results show that there is Bronze Age archaeology on part of the site, however as this is considered to be of local significance a certain area of the site will need to be excavated in advance of the development taking in order to undertake a detailed survey and recording exercise which is secured by condition.

An objection received raised concerns regarding activity on the site however the applicant’s agent has confirmed that any activity on site relates to preparation for further archaeological investigations that will be undertaken in due course.

Impact on Residential Amenity:

Consideration has been given to the impact of the development on existing and proposed occupiers’ living conditions. In respect of living conditions (overlooking, loss of light, etc.) the layout for this site has not been confirmed at this outline stage but there is no reason to conclude that the development proposed could not achieve a satisfactory level of amenity for future occupiers.

Further the juxtaposition between the residential areas and employment area is considered acceptable on the basis that the permission restricts development to activity in the B1 Use Class and subject to the conditions recommended by the Environmental Protection officer.

It is acknowledged that the proposed development would have an impact on the current living environment of the residents of those properties on Sandys Hill Lane and Little Keyford Lane. It is acknowledged that these properties would be affected by the delivery of the two residential land parcels as identified on the indicative masterplan in respect of changing their existing outlook and environment which they currently enjoy, and an element of disturbance during the construction phases.

However, that alone is not a reason for refusal as the planning system is concerned with the prevention of unreasonable planning harm being caused sufficient to bring a development into material conflict with the relevant policies, most notably Policy DP7.

Whilst policy FR2 of the emerging Local Plan part promotes employment and residential uses across the site and this is reflected in the indicative layout, the applicant submitted an updated study of the background noise levels in the area given the existing commercial activity on the northern and eastern boundaries.

The principal of the new employment area shielding the residential zones is accepted but given the proximity this new development would have to the residential zones it has been agreed that the application will seek approval for B1 (B1a, b, c) only and this was confirmed with a change to the description of development as set out above.

Environmental Protection Officers have reviewed the technical submission documents and have not objected to the proposed development subject to the clarification regards the range of employment uses as set out above and a number of conditions as set out in the recommendation section of this report. Conditions are recommended to impose safeguards against the activities within the proposed employment area, against activity during the construction phases and further details to ensure an appropriate environment for the future residential occupiers.

Overall, at this outline stage, it is considered that the proposal would not cause significant harm to the amenities of any occupiers or adjacent occupiers and through the reserved matters process it will be possible to agree a scheme layout which will accord with requirements of policy DP7 of the Mendip District Local Plan Part I: Strategy and Policies (December 2014). Furthermore it is considered that the effects of noise, odour and dust from the nearby industrial estate can also be satisfactorily mitigated for occupiers of nearby properties and future occupiers of the new residential development and in accordance with Policies DP7 and DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and chapter 15 of the National Planning Policy framework.

Flooding and Drainage:

The application site falls entirely within flood zone 1. The site is therefore considered to have a low probability of flooding. In this respect the Technical Guidance to the National Planning Policy Framework advises that this zone is appropriate for the range of land uses proposed (housing and mixed use employment) in principle drainage terms.

Given the nature of the development, it would result in hard surfaces and potential matters of surface water run-off and, in accordance with the technical guidance and policies DP7, DP8, and DP23 of the adopted Local Plan, the application submission includes a site specific Flood Risk Assessment (FRA).

The FRA does not present a final design for consideration but presents analysis and an assessment that indicates how surface water can be managed in such a way as not to increase the flood risk to the catchment downstream. The detailed design will be developed through the reserved matters stages of the planning process and its submission prior to the commencement of development is secured by condition below. The Lead Local Flood Authority (LLFA) and the Drainage Board have

confirmed that the applicant has adequately demonstrated that a technical solution to drainage can be found.

It is noted that as a greenfield site, the development has potential for high quality SUDS features which would integrate to the development and contribute towards amenity for residents and biodiversity gain, and this is reflected in the recommended drainage condition. Although the high level strategy includes provision for underground storage crates it is important note, as confirmed by the LLFA, that aspect should not be carried through to the detailed design work

In conclusion it has demonstrated that a technical solution can be secured to deal with these flooding and drainage matters. Therefore it is concluded that adequate drainage and infrastructure provision can be secured by condition. Given the importance of bringing the scheme forward for development, this aspect is required to be agreed prior to commencement of any development and it allows for the solution to be completed on a phased basis to reflect the mixed use nature of the scheme. As such the application is considered to accord with the requirements of Local Plan Policy DP7, 8 and 23 and chapter 14 of the NPPF.

Assessment of Highway Issues:

The application includes access as a matter to be considered at this stage. As set out above the Highway Authority has assessed the Transport Assessment (TA) and worked in conjunction with the applicant’s transport consultants to resolve and clarify matters, concluding that there are no major concerns with the proposals at this stage subject to the details as set out in the Travel Plan and subject to a contribution towards delivery improvements to the network off site at the Gorehedge junction. A summary of the relevant points is set out below.

The TA as submitted sets out the anticipated total vehicle trips associated with the development for the am (between 0800-0900 hrs) and pm (1700-1800 hrs) peak, and predicts an additional 246 and 351 trips on the network respectively (based on TRICs) and then factors in growth rates until 2024. Distribution across the local network at 6 key junctions has been analysed. With the exception of the Gorehedge junction there is considered sufficient capacity to carry the predicted additional traffic flows (see section below) including the junction between the B3090 and Sandys Hill Lane.

Access to the site: The proposed mixed use development will be accessed off Sandys Hill Lane east of the Sandys Hills Lane / Wessex Fields roundabout. The lane will be realigned and continue through the site (although the internal layout of this road will be brought forward at the reserved matters stage as full details have not been submitted at this time).The proposal is to extend the existing highway providing a 7.3m carriageway and 1.8m footways on either side. The existing Sandys Hill Lane from this point for approx. 100m will be restricted to pedestrian and cycle use only. An uncontrolled pedestrian crossing point will be introduced at this point on the new section of Sandys Hill Lane. The 30mph speed restriction will be continued into the site. The proposal includes signage and barriers preventing the continued use of the existing section of Sandys Hill Lane by vehicles, the design of which is detailed on the submitted plan. On the southern section of the prohibition a turning head will be provided to assist with vehicles who have inadvertently used Sandys Hill Lane to get to Marston Road.

In summary no highway safety issues have been raised in terms of how the new section of network will link into the existing, subject to the detail of the remaining internal distributor roads being satisfactorily resolved at the reserved matters stage.

Capacity: Following a review of the Transport Statement and supporting supplementary information, concern is expressed that the existing network at the Gorehedge junction (B3090/B3092/A362) would not be able to manage the additional levels of traffic associated with this application scheme and the other developments promoted in the emerging Local Plan part 2 including the redevelopment of the site under allocation FR1 (Saxonvale).

To provide further context to this issue, improvements to the highway network in Frome are identified for consideration in the Frome Town Design statement. In addition improvements to the Network in Frome was discussed at the examination into the emerging Local Plan Part 2 in conjunction with the proposed development commitments. Revisions to the emerging local plan have been agreed between the parties (land promoters and Highway England) that the development committed to in the emerging plan will need to recognise cumulative growth impacts and that growth should be supported in a way that the functionality of the highway network is not compromised. The emerging policy reference is DP27, and by meeting the objectives of this policy it can be concluded that the proposed development can proceed in accordance with Policy DP9 of the adopted Local Plan

In conjunction with the work surrounding the assessment of the emerging development proposals for Frome as set out below which are all now at the planning stage, Somerset County Council have progressed some initial budgeting work in terms of the cost of delivering the necessary improvements to the Gorehedge junction.

Policy Ref Site Name # houses FR1 Saxonvale 250 FR2 N & S Sandys Hill Lane 200 FR3a Land south of Little Keyford 325 & The Mount FR7 Land at Little Keyford 20

Although at this stage the scope of the works remains in the design and development phase, following discussions with regards to this application, the applicant has agreed a financial contribution of £377,358.48 towards delivering these improvements. This sum is based on a tariff approach applied to the proposed residential development as allocated in the emerging local plan. Based on the formula applied with this application, if applied to the other sites a budget of one and half million pounds to cover these works would be secured. The procurement, implementation and delivery of the works will be carried out jointly by Mendip District Council and Somerset County Council.

In summary subject to the delivery of the improvements off site as referred to above there are no other capacity concerns regards the additional traffic that would be generated on the local network.

There are no public rights of way of way affected by the application scheme. There are good footway links from the site access back to into the adjacent commercial zone and along into Handlemaker Road (an existing advisory designated cycle route). In addition it is proposed that Sandys Hill Lane will be changed to promote its use for safe cycling for access to south. Finally initiatives are identified in the Travel Plan to support pedestrian/cycle/public transport movement to and from the site to support sustainable methods of travel as promoted by Policy T1 of the Frome Neighbourhood Plan.

Taking into account the above details the application is considered to accord with the requirements of Local Plan Policy DP9, emerging policy DP27, chapter 9 of the NPPF and Policy T1 of the Frome Neighbourhood Plan.

Sustainability of the Proposed Development:

The applicant has submitted a sustainability statement which sets out four strands that will guide the next stage of the scheme design process at the reserved matters stage under the following headings: layout and design, energy and fabric efficiency, renewable and clean energy and minimising waste.

Of particular relevance to the planning assessment at this stage is that a fabric first approach is promoted along with the installation of high efficiency appliances. The installation of photovoltaics will be investigated and offered to purchasers at the off plan stage. Electric vehicle charging is proposed to be installed for dwellings with on plot parking.

On this basis the application is considered acceptable and addresses the requirements of adopted policy DP7 of the Local Plan at a high level. Further details will be required to be submitted as part of the reserved matters details.

Provision of Public Open Space:

Policy DP16 Open Space and Green Infrastructure of Local Plan Part 1 requires that proposals for new residential development make provision for public open space on the basis of the National Playing field Association’s (NPFA) long standing standard of 2.4ha of new space per additional 1,000 people.

Based on this standard, and an average dwelling occupancy of 2.1 persons per dwelling, this equates to approximately 494 people living on site (2.1 persons x 235 units). This means that the required area of Open Space based on the proposed population is just over 1 hectare.

The indicative layout shown on the masterplan proposes areas of open space that are directly accessible to the public for recreation, essentially consisting of green a buffer across the southern boundary including 2 formal play areas. Although the scope of this area broadly equates to the required standard and includes sufficient space to accommodate 2 formal play area, there is no provision for any formal play space (multi use games areas). The applicant has agreed to make a financial contribution to allow for off-site provision with this regards to this aspect of £106,861.55 (based on a charge of £454.73 per dwelling). Details to be agreed as part of the Section 106 process in terms of delivering off-site provision in conjunction with Frome Town Council and the applicant.

On this basis the provision of open space associated with the application is therefore acceptable, and in accordance with the requirements of Policy D16. The various open space provisions are to be secured as part of the S106 agreement.

Education Provision:

This proposal falls within the following school catchment areas: Christchurch C of E first, Selwood Middle & Frome College.

When the application was first submitted the number of qualifying children arising from the residential aspect of the application scheme was confirmed as follows.

250 x 0.05=12.5 - 13 Early years pupils 250 x 0.23=57.5 - 58 First school pupils 250 x 0.15=37.5 - 38 Middle school pupils or a unit cost of £1,593.53 per dwelling 250 x 0.09=22.5 - 23 Upper school pupils which can be met through existing capacity

It was then subsequently clarified that in terms of middle school provision there is existing capacity within the existing schools to manage some of the need generated by this application and reduced the number of places required to 19.

For the purpose of calculating the total contribution this equates to £4,849.02 per dwelling to cover early and 1st year provision and £1,593.53 per dwelling for middle school provision (total unit cost £6442.55). On a development comprising 235 units this amounts to a total contribution of £1,513,999.25. The applicant has confirmed this is agreeable and contributions would be secured as part of the S106 Agreement in order to tie in with SCC’s schools investment programmes locally. 25

As such the proposed development is acceptable in terms of education contributions in accordance with DP19 and the 3 tests set out in CIL regulation 122.

Provision of Affordable Housing:

Adopted policy DP11 sets out an expectation that in Frome 30% of the dwellings should be affordable and provided on site. This is based on the Council’s viability study and evidence of local housing need.

The applicant has accepted the need for this level of affordable housing provision and has agreed to enter into a S106 legal agreement securing this. In terms of the delivery the following is recommended due to local need.

• Having regard to sustainability and the benefits of the provision of balanced affordable housing tenure, the following affordable housing percentages are confirmed for provision in any subsequent reserved matters application: 35% x 1 & 2 bed flats/apartments; 30% x 2 bed houses; 20% x 3 bed houses; 10% x 4 bed houses and 5% x 5 bed houses.

• 80:20 split for social rented units and shared ownership units.

• Requirement to submit an affordable housing masterplan in order to that the affordable housing provision is well integrated on the site with the open market units.

This accords with the Local Plan Policy DP11 and is considered acceptable at outline stage.

Other Matters:

Other mattes raised through consultation which are relevant to planning and not addressed above as addressed in this section of the report.

• Although there may be some disruption to existing occupants through the construction of an approved development, this in itself is not a reason to refuse the application. This would be controlled by the recommended condition for the submission and agreement of a construction management plan. • Since the application was submitted the applicant’s agent has corrected the application form confirming that one of the joint applicants is an elected member at the Mendip District Council. • A decision on this application should be taken in tandem with decisions on all the land to the west of Frome which is identified in the local plan for development and which should be developed as one project rather than a site by site basis.

Officer response: The site is promoted for development as a standalone allocation which is the basis on which the application was submitted. The report assesses the impacts and the extent to which is complies the relevant adopted and emerging development plan policy, including the Frome Neighbourhood Plan.

Environmental Impact Assessment:

This development is not considered to require an Environmental Statement under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, refer to LPA Case ref: 2018/2274/SCREEN.

Equalities Act:

In arriving at this recommendation, due regard has been given to the provisions of the Equalities Act 2010, particularly the Public Sector Equality Duty and Section 149. The Equality Act 2010 requires public bodies to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out their activities. Protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race/ethnicity, religion or belief (or lack of), sex and sexual orientation.

Conclusion and Planning Balance:

The overall thrust of Government Policy as set out in the updated NPPF is to encourage the delivery of sustainable development, and requires Local Authorities to boost significantly the supply of housing. The application reflects the emerging policy framework which covers the period 2006-2029 in terms of the land-uses that are proposed, and on this basis is considered to represent a sustainable form of development. In addition the proposed means of access to serve the development is also proposed considered acceptable.

It has been demonstrated through the assessment of this application that the quantum of development as applied for, including 235 residential units, can be accommodated on the site without resulting in harm to the character and appearance of the surrounding area including ecological impact and/or the wider residential amenities of the area (policies DP1, 5, 6 and 7).

The application scheme would result in less than substantial harm to the setting of 5 listed buildings that sit adjacent to the site. In accordance with Policy DP3 and the guidance in the NPPF the scope of harm (less than substantial) that would arise is considered to be outweighed by the public benefits that will be secured (economic, social and environmental as set out below). On this basis it is not considered that there would be grounds to refuse this application in this regard.

The applicant has agreed to enter into a Section 106 agreement which covers matters in relation to affordable housing (policy DP11), open space and green infrastructure (policy DP16) and developer contributions (policy DP19).

The application scheme has been considered against the policies and objectives of Frome Neighbourhood Plan and it is not considered that there is any conflict with the relevant policies.

Finally because the adopted local plan is out of date and as the Local Planning Authority cannot demonstrate a five year supply of deliverable housing sites, the terms of Paragraph 11(d) of the Framework are engaged in completing the assessment, confirming that permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole. The following points present a summary assessment of how the application scheme meets the three objectives of sustainable development identified in the Framework

• The economic benefits of the proposal would be significant in that the application will provide significant additional employment floor space in Frome and will provide direct employment opportunities during the construction phases.

• In the context of social benefits, the proposal would provide a substantial number of additional dwellings within the Town and contribute towards the current shortfall across the District. Other benefits are listed below under the recommendation section.

• With regards to environmental benefits, the scheme safeguards an area to deliver ecological enhancements and open space across the development area. The proposal would be located close to the services and facilities contained within Frome so that future occupants 27

of the proposed dwellings would not necessarily be dependent upon private vehicles in order to access facilities that may be required on a day to day basis.

Given that no significant harm has been identified in terms of delivering the quantum of development as proposed either actual or in policy terms, taking into account the benefits as set out above the titled balance (paragraph 11d) is considered to weigh in favour of the granting planning permission for the application scheme, including the uplift in the number of residential dwellings that is proposed (235).

In summary it is recommended that that planning permission be granted, as a departure from the development plan for the reasons set out above in this report, subject to a S106 agreement to secure the following heads of terms which the applicants have agreed:

1. Travel Plan, including a total financial contribution of £142,050.00 2. Affordable Housing at 30% 3. Management and provision of public open space across the site to including a LEAP and LAP (site area and facilities) and including, where necessary and relevant, any surface water drainage features 4. A financial contribution of £106,861.55 toward the provision of a multi-use games area or similar off site (based on a charge of £454.73 per dwelling). 5. A financial contribution of in excess £1.5 million toward the education needs (primary, first and middle school provision) arising from the development (based on a charge of £6,442.55 per dwelling.) 6. A financial contribution of £377,358.48 towards improvements to the Gorehedge junction.

(Please note that the conditions below have been updated and amended since the application was considered at Planning Board on 10 June 2020 and since the publication of the Update report for that meeting)

Recommendation:

Delegate to permit subject to completion of a section 106 agreement and following the completion of advertising the application scheme as a departure from the development plan and no new issues having been raised by comments received.

Reason for Approval

1. The proposed scheme which has been submitted as an outline application with all matters reserved except access and is considered acceptable in relation to matters of general character and appearance; and impacts in relation to amenity; landscape; highway safety and parking; ecology; drainage; trees; environmental protection, heritage impact, affordable housing provision and education needs. Matters relating to architecture and design of all buildings; height, scale and massing of all buildings; site layout issues, including the design of all open space/landscaped areas, drainage infrastructure and parking areas are all reserved for future consideration. The outline application scheme has been tested against the following Development Plan policies, and subject to conditions the proposal is acceptable:- CP1 – Mendip Spatial Strategy CP2 – Supporting the Provision of New Housing CP6 – Frome City Strategy DP1 - Local Identity and Distinctiveness DP2 - Open Areas of Local Significance DP3 - Heritage Conservation DP5 - Biodiversity and Ecological Networks DP6 - Bat Protection DP7 - Design and Amenity of New Development 28

DP8 - Environmental Protection DP9 - Transport Impact of New Development DP11 - Affordable Housing DP14 - Housing Mix and Type DP16 -Open Space and Green Infrastructure DP19 - Development Contributions DP23 - Managing Flood Risk

Policies H1, BE1, TC1, T1 of the Frome Neighbourhood Plan, 2016 Frome Design Statement, 2015

Finally given the proposals respond positively to the emerging policy allocation as set out at Policy FR2 (Local Plan Part II including proposed changes), the weight in the application assessment given to this policy has been reflected accordingly. On this basis the application scheme is considered in accordance with the Emerging Policy: Pre-submission Local Plan Part II (including proposed changes) and the National Planning Policy Framework.

CONDITIONS

1. Outline Time Limit (Compliance) The development hereby approved shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the latest. Reason: This is an outline permission and these matters have been reserved for the subsequent approval of the Local Planning Authority, and as required by Section 92 of the Town and Country Planning Act 1990 (as amended).

2. Design, Green Infrastructure, Energy and Phasing (Bespoke Trigger) The reserved matters applications for the site shall incorporate the following details.

i) Illustrated urban design and architectural principles, including block types and principles, parking, boundaries, public realm codes for character areas and architectural guidelines.

ii) A low emissions/renewable energy strategy confirming mechanisms and provision that will reduce omission levels arising from the development during the construction process and when it is occupied.

iii) A phasing plan confirming the timing and delivery of the development areas, highway and drainage infrastructure

iv) A noise mitigation report which takes into account BS4142:2014 (as amended), the prior to development background sound level (LA90), and where appropriate the context requirements of BS4142:2014, and include details of any mitigation and sound reduction measures and a timescale for their implementation.

v) Further details of the alterations to the public highway on Sandys Hill Lane to include arrangement to allow emergency services vehicles to access the application site area from Little Keyford Lane.

Reason: To ensure the development meets the Council's design, green infrastructure, climate change objectives and ensures a satisfactory environment for future residential occupiers in accordance with policies DP1, DP7 and DP16 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014)

3. Reserved Matters Time Limit (Compliance) 29

Application for approval for all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. Reason: As required by Section 92 of the Town and Country Planning Act 1990 (as amended) and to avoid the accumulation of unimplemented planning permissions.

4. Reserved Matters (Pre-commencement) Approval of the details of the (a) layout (b) scale (c) appearance and (e) landscaping of the site (hereinafter called the reserved matters) shall be obtained from the Local Planning Authority before any development is commenced. Reason: This is an outline planning permission and these matters have been reserved for the subsequent approval of the Local Planning Authority under the provisions of Section 92 of the Town and Country Planning Act (as amended) and Parts 1 and 3 of the Development Management Procedure Order 2015.

5. Plans List (Compliance) This decision relates to the following drawings/documents: 001A - Location Plan PHL-102C Proposed Access Plan PHL-201B Preliminary Highway Levels PHL-301C Preliminary Road Profiles Reason: To define the terms and extent of the permission.

6. Employment use controls – Time Limits for Commercial Vehicles (Compliance) There shall be no on-site commercial vehicle (including fork lift trucks) movements, vehicle loading or unloading operations shall be carried out, except within the following times:-

Mon - Sat 07:00 hours till 19:00 hours;

Outside of the above hours no such movements or operations shall take place on a Sunday or during any Public or Bank Holiday. Reason: To protect the amenity of the occupiers of the residential development hereby approved and the amenities of the occupiers of existing residential dwellings from the effects of noise from the nearby industrial estate in the interests of residential amenity and sustainable development in accordance with Policies DP7 and DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and Chapter 15 of the NPPF.

7. Employment use controls – External Activities (Compliance) There shall be no activities involving the external repair of vehicles, storage or processing of materials in the open air anywhere on the site, with the exception of operations confined to preparation and construction of the site. Reason: To protect the amenity of the occupiers of the residential development hereby approved and the amenities of the occupiers of existing residential dwellings from the effects of noise from the nearby industrial estate in the interests of residential amenity and sustainable development in accordance with Policies DP7 and DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and Chapter 15 of the NPPF.

8. Employment use controls- Noise levels (Bespoke Trigger) The rating noise level from the use of plant, machinery or equipment associated with non- residential uses approved by this permission shall not exceed the existing background level when measured according to British Standard BS4142-2014, at the boundary of the nearest existing noise sensitive receptor. This includes all external fixed plant or equipment located, installed or mounted on the walls or roofs, or adjacent to any of the buildings,

Reason: To protect the amenity of the occupiers of the residential development hereby approved and the amenities of the occupiers of existing residential dwellings from the effects of noise from the nearby industrial estate in the interests of residential amenity and sustainable development in accordance with Policies DP7 and DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and Chapter 15 of the NPPF.

9. Construction and Environmental Management Plan (Pre-commencement) For each phase of development no development shall commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall or include the following:

• Details of the working methods to be employed on site during the demolition and construction (and preparation associated with construction) of the site. • Measures (including screening) to be taken to minimise emissions of dust, fumes, odour, noise, vibration. Details for the safe disposal of waste materials shall also be included. • the parking of vehicles of site operatives and visitors; • loading and unloading of plant and materials; • storage of plant and materials used in constructing the development; • wheel washing facilities; • measures to control the emission of dust and dirt during construction; • delivery and construction working hours.

And shall confirm:

That, until 01/04/2021 or any further date set by the Temporary Fast Track Deemed Consent Route Under Section 74B of the Town and Country Planning Act 1990, noise emissions from the site during the construction of the development, including all demolition, clearance and redevelopment works, where noise exceeds a level of 3 dB(A) below the existing background L90 level (or 8 dB(A) below if there is a particular tonal quality) when measured as a 15 minute equivalent continuous sound level at the boundary of any noise sensitive receptor, shall not occur outside of the following hours: • Mon - Sat 08.00 - 21.00 • All other times, including Sundays, Bank and Public Holidays there shall be no such noise generating activities. After that date the hours will revert to: • Mon – Sat 08:00-18:00 • All other times, including Sundays, Bank and Public Holidays there shall be no such noise generating activities.

The development shall thereafter be carried out in accordance with the approved details. Reason: To ensure that safe operation of the highway and minimise the effect of noise, odour and dust from the construction phase of development on occupiers of nearby properties in the interests of residential amenity and sustainable development, in accordance with Policies DP7, DP8 and DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and Chapter 15 of the NPPF. This is a pre-commencement condition because any initial construction or demolition works could have a detrimental impact upon highways safety and/or residential amenity.

10. Construction Environmental Management Plan: Biodiversity (Pre-commencement) No development shall commence (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include the following:

a) Risk assessment of potentially damaging construction activities. b) Identification of "biodiversity protection zones". c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). d) The location and timing of sensitive works to avoid harm to biodiversity features. e) The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons and lines of communication. g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. h) Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Reason: A pre-commencement condition in the interests of European and UK protected species, biodiversity generally and in accordance with Policy DP5 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a condition precedent because it is necessary to understand the scheme in detail prior to any initial construction works to safeguard protected species.

11. Contaminated land - submission of remediation scheme (Pre-commencement) No development shall commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, controlled waters, ecological systems, buildings and other property and sites of historical interest, has been submitted to and approved in writing by the Local Planning Authority as per the findings of the Ruddlesden Geotechnical Phase 2 Report Ref: GD/TN/SR/18523/GICAR of 13 February 2019. The scheme shall include: (i) all works to be undertaken; (ii) proposed remediation objectives and remediation criteria; (iii) timetable of works and site management procedures and where the site is to be developed in phases, a phasing plan identifying any specific protection measures; (iv) where required, a monitoring and maintenance programme to monitor the longterm effectiveness of the proposed remediation and a timetable for the submission of reports that demonstrate the effectiveness of the monitoring and maintenance carried out. (iv) where required, additional contingency measures designed to safeguard future users and receptors The remediation scheme shall be designed to ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The approved remediation scheme shall be carried out prior to the commencement of development, other than those works required to carry out remediation, or in accordance with the approved timetable of works. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to human health, controlled waters and other offsite receptors and in accordance with sections 11 and 15 of the National Planning Policy Framework and policy DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a condition precedent because the works comprising the development have the potential to uncover or affect pathways for harmful contamination. Therefore these details need to be agreed before work commences.

12. Contaminated land - verification reporting (Pre-occupation) No occupation shall commence, or where the site is subject to an already approved phasing plan, there shall be no occupation of any part of each phase, until a verification report has been submitted to and approved in writing by the Local Planning Authority, unless the findings of the approved investigation and risk assessment has confirmed that a remediation scheme 32

is not required. The verification report shall confirm that the approved remediation has been completed and demonstrate the effectiveness of the remediation carried out. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and in accordance with sections 11 and 15 of the National Planning Policy Framework, and policy DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

13 Contaminated Land - reporting of unexpected contamination or constraints (Bespoke Trigger) In the event that contamination which was not previously identified is found at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority and further development works shall cease unless alternative arrangements have been first agreed in writing with the Local Planning Authority. An investigation and risk assessment shall be undertaken and where remediation is necessary, a revised remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. The revised scheme shall thereafter be implemented as approved. The requirements of this condition shall also apply if other circumstances arise during the development, which require a reconsideration of the approved remediation scheme. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to human health, controlled waters and other offsite receptors and in accordance with section 11 and 15 of the National Planning Policy Framework, and policy DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

14. Archaeology - Written Scheme of Investigation (Pre-commencement) No development shall commence until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) which shall have been submitted and approved in writing by the Local Planning Authority. The WSI shall include details of the archaeological excavation, the recording of the heritage asset, the analysis of evidence recovered from the site and publication of the results. The development hereby permitted shall be carried out in accordance with the approved scheme. Reason: To ensure the proper recording of any archaeological heritage assets prior to destruction of it and in accordance with Policy DP3 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and Chapter 12 of the NPPF. This is a condition precedent to avoid destruction of any archaeology in an unplanned manner and these details therefore need to be agreed before work commences.

15 Archaeology and ensuring completion of works (Pre-occupation) No occupation shall commence of each phase of development until the site archaeological investigation has been completed and post-excavation analysis has been initiated in accordance with the approved Written Scheme of Investigation and the financial provision made for analysis, dissemination of results and archive deposition has been secured. Reason: To ensure the proper publication of archaeological heritage assets prior to destruction of it and in accordance with Policy DP3 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and Chapter 12 of the NPPF.

16. Surface water drainage scheme (Pre-commencement) No development shall commence until details of the surface water drainage scheme, based on sustainable urban drainage principles together with a programme of implementation and maintenance for the lifetime of the development, has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy shall ensure that surface water runoff post development is attenuated on site and discharged at a rate and volume no greater than greenfield runoff rates and volumes. Such works shall be carried out in accordance with the approved details. 33

These details shall include: - 1. Details of phasing (where appropriate) and information of maintenance of drainage systems during construction of this and any other subsequent phases. 2. Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance (6 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters. 3. Any works required off site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant). 4. Flood water exceedance routes both on and off site, note, no part of the site must be allowed to flood during any storm up to and including the 1 in 30 event, flooding during storm events in excess of this including the 1 in 100yr (plus 40% allowance for climate change) must be controlled within the designed exceedance routes demonstrated to prevent flooding or damage to properties. 5. A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management company or maintenance by a Residents' Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development. Reason: To ensure that the development is served by a satisfactory system of surface water drainage and that the approved system is retained, managed and maintained throughout the lifetime of the development, in accordance with National Planning Policy Framework (Feb 2019) and the Technical Guidance to the National Planning Policy Framework. This is a condition precedent because it is necessary to understand the drainage scheme in detail prior to any initial construction works which may prejudice the foul drainage strategy.

17. Tree Protection Plan (Pre-commencement) No development shall commence on each phase of development hereby approved until an annotated tree protection plan following the recommendations contained within BS 5837:2012 and identifying measures (fencing and/or ground protection measures) to protect the trees to be retained has been submitted to and approved in writing by the Local Planning Authority. The plan shall include proposed tree protection measures during site preparation (including clearance and level changes), during construction and landscaping operations. The plan should also include the design of fencing proposed and take into account the control of potentially harmful operations such as the position of service runs, storage, handling and mixing of materials on site, burning, and movement of people and machinery. Reason: To ensure that the trees are protected from potentially damaging activities in accordance with Policy DP1 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a condition precedent because the works comprising the development have the potential to harm retained trees. Therefore these details need to be agreed before work commences.

18. Hard and Soft Landscaping (Compliance) All hard and soft landscape works shall be carried out in accordance with the details approved at the reserved matter stages The works shall be carried out prior to the occupation of any part of the relevant phase of the development. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development in accordance with Policy DP4 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). 34

19. Residential Parking Area (Compliance) No occupation of any individual dwelling shall commence until the parking area for that dwelling has been constructed in accordance with the details approved at reserved matters and shall not thereafter be used other than for the parking of vehicles in connection with the development hereby permitted. Reason: To ensure that adequate and safe parking is provided in the interests of amenity and highway safety in accordance with Policies DP9 and DP10 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

20. Provision and Storage of Recycling and Waste Containers (Compliance) No occupation of each individual dwelling or commercial/business unit shall commence until provision for the storage of recycling and waste containers has been made within the site in accordance with details that shall have included within, and approved at reserved matters stage. The storage provision shall thereafter be retained in perpetuity. Reason: In the interests of the character and appearance of the area, residential amenity and highway safety having regards to Policies DP3, DP7 and DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

21. Access (Compliance) The vehicular access hereby approved shall not be brought into use until it has been constructed in accordance with details as shown on Proposed Access Plan PHL-102C. The vehicular access and pathways shall thereafter be permanently retained in accordance with the approved plans. Reason: To ensure that suitable access is provided in the interests of highway safety in accordance with Policies DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). . 22. Estate Roads (Bespoke Trigger) For each phase of development hereby approved the proposed estate roads, footways, footpaths, cycleways, bus stops/bus lay-bys, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car, motorcycle and cycle parking, street furniture and tactile paving shall be constructed, laid out and maintained in accordance with details to be approved by the Local Planning Authority in writing before the construction of any aspect of the new section of the highway begins. For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials, method of construction and proposals for future maintenance shall be submitted to the Local Planning Authority. Reason: To ensure that suitable access is provided in the interests of highway safety in accordance with Policies DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

23. Emergency Vehicle Access (Pre-occupation) No occupation shall commence or use commenced until a detailed design and specification for the emergency access as shown on submitted plan PHL-201-revC has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be fully implemented in accordance with the approved details prior to the occupation or commencement of use of any dwellings/buildings hereby approved. Reason: To ensure that suitable access is provided in the interests of highway safety in accordance with Policies DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

24. Replacement Ecological Habitat (Pre-commencement) No development shall commence until a strategy, including a timetable for delivery, for the delivery of a habitat enhancement area for bats has been provided on site comprising at least 35

1.52 hectares in accordance with a layout, implementation and planting schedule for the habitat creation / enhancement of this open space has been submitted to and approved in writing by the Local Planning Authority. The replacement habitat shall be of long sward meadow, scrub and woodland, which is accessible to Greater and Lesser Horseshoe bats. The approved habitat enhancement area will set out in accordance with the approved strategy and be retained in perpetuity. Reason: In the interests of the integrity of a European site and in accordance with Policy DP5 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a pre-commencement condition because it is necessary to understand the scheme in detail prior to any initial construction works to safeguard species.

25. Ecological Landscape & Ecological Management Plan (Pre-commencement) A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development. The content of the LEMP shall include the following. a) Description and evaluation of features to be managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). g) Details of the body or organization responsible for implementation of the plan. h) On-going monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long- term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details. Reason: In the interests of the integrity of a European site and in accordance with Policy DP5 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a pre-commencement condition because it is necessary to understand the scheme in detail prior to any initial construction works to safeguard species.

26. Ecological Lighting Design (Pre-commencement) A lighting design for bats shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development on the site. The strategy shall: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed (through the provision of ‘lighting contour plans technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. The design will also include any amenity and or security lighting and SMART glass where needed. All external lighting shall be installed in accordance with the specifications and locations set out in the approved details and these shall be maintained as such thereafter. Reason: In the interests of the integrity of a European site and in accordance with Policy DP5 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a pre-commencement condition because it is necessary to understand the scheme in detail prior to any initial construction works to safeguard species.

27. Drainage - Foul (Pre-commencement) No development shall commence until a detailed scheme for the disposal of foul drainage from the development has been submitted to and approved in writing by the Local Planning Authority for each phase of the development. Each phase of development shall thereafter be carried out in accordance with the approved details and completed prior to the occupation of any of the dwellings hereby approved. Reason: In order to ensure the provision of satisfactory drainage and avoid pollution of the environment. This is a condition precedent because it is necessary to understand the drainage scheme in detail.

Informatives:

1. In determining this application the Local Planning Authority considers it has complied with the aims of paragraph 38 of the National Planning Framework by working in a positive, creative and pro-active way.

2. Condition Categories Your attention is drawn to the condition/s in the above permission. The heading of each condition gives an indication of the type of condition and what is required by it. There are 4 broad categories:

Compliance - The condition specifies matters to which you must comply. These conditions do not require the submission of additional details and do not need to be discharged. Pre-commencement - The condition requires the submission and approval of further information, drawings or details before any work begins on the approved development. The condition will list any specific works which are exempted from this restriction, e.g. ground investigations, remediation works, etc. Pre-occupation - The condition requires the submission and approval of further information, drawings or details before occupation of all or part of the approved development. Bespoke Trigger - The condition contains a bespoke trigger which requires the submission and approval of further information, drawings or details before a specific action occurs.

Please note all conditions should be read fully as these headings are intended as a guide only.

Failure to comply with these conditions may render the development unauthorised and liable to enforcement action. Where approval of further information is required you will need to submit a conditions application and pay the relevant fee, which is #116 per request (or #34 where it relates to a householder application) and made payable to Mendip District Council. The request must be made in writing or using the Standard Application form (available on the council's website www.mendip.gov.uk ). For clarification, the fee relates to each request for the discharge of condition/s and not to each condition itself. There is a no fee for the discharge of conditions on a Listed Building Consent, Conservation Area Consent or Advertisement Consent although if the request concerns condition/s relating to both a planning permission and Listed Building Consent then a fee will be required.

Appendix A

2019/1671/OTS – Sandy’s Hill Lane, Frome

Additional Supporting Statement

Introduction

We listened intently to the members’ debate when the above application at Sandy’s Hill Lane was considered at the Planning Board meeting on 10th June 2020 and have prepared this supporting statement to assist members in their reconsideration of the application.

The three reasons for deferral noted in the meeting minutes are: -

1. Potential Second Access Point; 2. Retention of Keyford Farmhouse; and 3. Green Buffer

Each of the reasons for deferral will now be considered.

1. Potential Second Access Point

The Local Plan Part II policy for this allocation, Policy FR2, states that the access to the site is to be from the Marston Lane/Sandy’s Hill Lane Roundabout as currently proposed and as supported by the Highways Authority & Highways England. A second access point has never been requested by the Highways Authority or by officers in the 6 years that the applicant has been discussing the development of this site, either as part of two pre-application submissions or through the Local Plan process including public hearings. There is also no requirement in the Policy FR2 for additional accesses from the points suggested by Cllr Kay during discussion.

However we can give some background into the two suggested access points shown on Cllr Kay’s image below.

Please also see Appendix 1 that details the land ownership around each of the access points.

The western access, off Wessex Fields/Handlemaker Rd (see plans in Appendix 1) is unadopted but owned by Henry Boot Developments Ltd. At the end of this cul-de-sac and the boundary of the application site there’s an area of land owned by at least two more landowners – part we know is an off-shore company based in Jersey with the balance unregistered with an unknown number of owners.

Utilising this as an access that we know is unadopted and built to unknown standards, will require third party agreements from an unknown number of landowners and others who have rights to use it for access. This will be very lengthy process and difficult to procure with no certainty of success. Also, this is intended as a service road to the small number of units and car parks accessed from it. There are no double yellow lines along the road which means that cars are able to park both sides of the carriageway, narrowing the width of the road and impeding traffic flow and it’s not designed as through route.

The northern access suggested from Georges Ground has an area of unregistered land, in unknown number of ownerships, between the end of the adopted highway and the boundary of the application site, see plans in Appendix 1.

George’s Ground serves as a minor estate road to specifically access a collection of units off Manor Furlong the main distributor road through the industrial estate. Again, there are no double yellow lines allowing parking either side of the carriageway, narrowing the width of the road. The introduction of double yellow lines here would have an impact on the existing business who currently enjoy unrestricted roadside parking for staff and customers. Again, this access is unsuitable in design and cannot be delivered without an unknown number of third-party agreements.

The above clearly demonstrates why neither of the suggested access points can be delivered. There is no requirement for them on policy or on highway safety grounds as access to a commercial estate must be of sufficient capacity to take the level of traffic and also the type of traffic associated with the site.

The NPPF on highways grounds is clear. Paragraph 109 states:- Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.

Neither of these apply to the proposed development as the Highways Authority have raised no objection to the proposed development. This was the advice given by the Council’s Solicitor when he advised that members that they should not refuse the application on access grounds.

Whilst the applicant is not required to and is unable to deliver a second access to the proposed development, during the debate there were also discussions regarding an emergency access to the site. Whilst this is not, and has never been, a requirement of the Highway Authority and is not required from a highway safety point of view, the applicant has looked in to this matter and it would be possible for the fixed bollards that are proposed to be installed at the Sandy’s Hill Lane turning head (due to it being downgraded to a cycle and footpath at this point) to be changed to lock/drop type bollards which could then be used by the emergency services for access (extract from the access drawing showing below). This would allow Sandy’s Hill Lane to be used as an emergency access as it has sufficient width for use by emergency vehicles. This can be conditioned as part of the outline approval and the applicant is agreeable to such a condition.

2. Retention of Keyford Farmhouse

Firstly, there is no requirement to retain the farmhouse and its associated buildings under the Local Plan Part II policy allocation FR2, which can now been given substantial weight. The Local Plan Inspector has visited the site as part of the Local Plan examination process and made no comments or request for the farmhouse and associated buildings to be retained. Also D2 Planning and the applicant attended the Local Plan Part II Hearing Sessions on every day that this site and other Frome proposals were discussed and the retention of the farmhouse as part of the draft policy was never suggested. This is a material consideration as other changes to the original policy were made during the course of the hearing sessions so there was the opportunity for it to be included if there was the desire to do so but clearly there wasn’t. It should also be noted that the members of the Council’s Conservation Team were also in attendance at the Local Plan hearing sessions when the site was discussed and made no objection to Policy FR2.

Secondly, as outlined by the planning officer in the committee report, the farmhouse and associated barns were assessed by Historic England as to whether they were eligible for listing after comments were received from the Conservation Officer. The assessment of the buildings was carried out in October 2019 with Historic England issuing their advice report on 14th November 2019 (see Appendix 2). Members will note that the conclusion states:-

The farmhouse, barns and ancillary buildings at Keyford Farm are not recommended for listing, for the following principal reasons:

Degree of architectural interest:

• the farmhouse, dating from the mid-to-late-C19 has been extended on three sides, obscuring large sections of the elevations; • while C18 fabric survives in some of the outbuildings, it is fragmentary, and the buildings have undergone much alteration and conversion; • the individual functions, and the functional interrelationships of the agricultural buildings are no longer legible in the surviving fabric.

Degree of historic interest:

• the status of the farm and the historic association with Keyford House is of some interest in the local context, though is not of a level which would justify listing.

In view of the above, the buildings were therefore not listed. Therefore, the loss of Keyford Farmhouse and its associated building would not result in the loss of a designated heritage asset. The planning officer in his assessment of the farmhouse concludes that the building would be considered as a non- designated heritage asset and the proposed demolition is considered as less than substantial harm. 41

Thirdly, the retention of the farmhouse would undoubtedly involve the loss of residential units on the site. As layout is a reserved matter, the exact number of units is currently unknown, but any loss of open market family dwellings would potentially affect the viability of the proposed development, which would in turn result in the loss of affordable units from the scheme. Councillor Kay also suggested that the farmhouse could possibly be converted into ‘luxury flats’ but this would actually intensify the use in the ‘Green Buffer’ to the designated heritage assets that members also discussed (see below).

3. Green Buffer

Local Plan Part II Policy FR2 specifically covers this point and states:-

The site should be designed sensitively to ensure no harm to the setting, with particular regard to the listed buildings

The Conservation Officer in their consultant response commented:-

The development would cause less than substantial harm to the significance of the designated heritage assets due to the impact on their settings. Some mitigation in the form of green buffers could reduce this harm, although not to the point of eliminating it entirely.’

The proposed development is an outline planning application with all matters, apart from access, reserved. Layout is a reserved matter which will be covered by the subsequent reserved matters applications. As part of this layout, a buffer will be incorporated in to the scheme. It is not possible at the outline stage to arbitrarily set buffer widths or buffer areas without being informed by the full suite of information required by the reserved matters applications. When these details are submitted all stakeholders, including the Council’s Conservation Officer, will be consulted to ensure the heritage assets are adequately protected with a final approval by the Planning Board.

A green buffer around the Listed Buildings is therefore something that will be considered further and reserved for discussion under the reserved matters applications.

4. Other matters

The above addresses the three reasons for deferral but we note that there was a number of other matters discussed during the debate. Therefore, in the interest of completeness, they will now be considered:-

• Queuing at McDonalds – The issue of queuing at McDonalds was also raised during the debate however it appears that this concern has arisen from a Facebook post which commented on the queues at McDonalds after it reopened after the COVID19 Lockdown. The

issue of significant queues at McDonalds after lockdown was an issue across the county, not just Frome, see https://www.somersetlive.co.uk/whats-on/fooddrink/gallery/mcdonalds-open- queue-yeovil-taunton-4189276. The roundabout at the entrance has been surveyed as part of the TA (Junction Reference J1 in the TA) and no issues were raised with regards to any queuing from McDonalds at the time of these surveys (carried out under more ‘normal’ times). The modelling indicates that the roundabout operates well within its theoretical capacity at present and would continue to do so with the addition of the predicted development traffic.

Furthermore, it should be noted that the McDonalds site is served by 35 car parking spaces (including 3 Grill Bays and 2 disabled parking spaces). The relevant parking standards for the district are within the Parking Strategy SPD (adopted 2013). Frome is situated within an Amber Zone. For A3/A4/A5 uses, the relevant parking requirement is 1 space per 30m2. The McDonalds building measures 311m2. This means that under the adopted parking standards, only 11 car parking spaces need to be provided. Therefore, the provision of 35 car parking is significantly greater than the parking standards require, meaning that there is sufficient space within the McDonalds site itself without having an impact on the surrounding highway.

• Drainage - Whilst it was not matter for the deferral, another issue which was raised during the debate was the issue of drainage. A Flood Risk Assessment prepared by AWP has been submitted with the planning application and concludes:-

This Flood Risk Assessment has been assessed in line with the NPPF. It is concluded that the development can be undertaken in a sustainable manner, whilst also reducing the flood risk to existing properties in the downstream catchment. The FRA does not attempt to present a final design of the surface water system. Detailed design of the surface water network and inherent features will commence upon approval of the outline strategy and will include assessments due to further site investigations, health and safety,

As correctly pointed out by the planning officer in their committee report, it has demonstrated that a technical solution can be secured to deal with these flooding and drainage matters. Any flood risk associated with existing properties downstream of the site would be eliminated with the proposed drainage solution. Therefore it is concluded that adequate drainage and infrastructure provision can be secured by condition. Importantly, there are no objections from the Local Lead Flood Authority or from Wessex Water.

Given the importance of bringing the scheme forward for development, this aspect is required to be agreed prior to commencement of any development and it allows for the solution to be completed on a phased basis to reflect the mixed use nature of the scheme.

There are three pre-commencement conditions (conditions 5, 6 and 27) in relation to surface water drainage and foul drainage which have to be submitted and approved by the Council before works start on site. Until these conditions are signed off, development cannot commence on site. Therefore, the Council still have considerable control to ensure that any drainage solution would satisfy the relevant bodies and to ensure that the development can be undertaken in a sustainable manner, whilst also removing the flood risk to existing properties in the downstream catchment.

Summary

We trust this statement assists officers and members in their reconsideration of the application and we hope that this it helps to alleviate any concerns members raised under the debate at the Planning Board held on 10th June. We trust that members will now be supportive of their officers’ recommendation and approve a scheme which will deliver over 225 houses in the 5 year period. Curo, the housing developer who will deliver the proposed housing on the site, have already outlined their commitment to the deliverability of the site. This is particularly crucial for an authority who desperately need deliverable housing in their district over the next 5 years to ensure less sustainable/desirable sites can be robustly refused (and defended at appeal if needed). Presently, in the Council’s latest 5 year supply trajectory, the Council expect 60 houses to be delivered in the 5 year period from this site. If the application is approved, an additional 175 houses can be considered as deliverable which equates to nearly a third of a year of the Council’s annual housing requirement figure of 604 dwellings.

APPENDIX 1

Undeliverable Access Points

Undeliverable Western Access Point

Unadopted unnamed road from Wessex Fields - HMLR Title Number ST66780 - Owned by HENRY BOOT DEVELOPMENTS LIMITED (Co. Regn. No.3392107) of Banner Cross Hall, Sheffield, Yorkshire, S11 9PD

Strip of Land #1 HMLR Title Number WS30823 - Owned by LYDFORD LIMITED (incorporated in Jersey) of HSBC House, Esplanade, St Helier, Jersey, JE1 1GT

Strip of Land #2 Unregistered. Unknown number of owners

Extent of Adopted Highway:

Undeliverable Northern Access Point

Unregistered. Unknown number of owners

Extent of Adopted Highway:

Case Name: Keyford Farm Case Number: 1467163

Background We have been asked to assess the group of buildings at Keyford Farm for listing.

Asset(s) under Assessment Facts about the asset(s) can be found in the Annex(es) to this report. Annex List Entry Number Name Heritage Category HE Recommendation 1 1467258 Keyford Farm Listing Do not add to List

Visits Date Visit Type 09 October 2019 Partial inspection

Context An outline planning application for the demolition of the buildings and redevelopment of the site is currently being considered.

There are two neighbouring listed buildings, with which Keyford Farm is likely to have a historic association: Keyford House (National Heritage List for England (NHLE) entry 1173504) to the south, and to the north, 11 and 11a Little Keyford Lane (NHLE entry 1057810)

Assessment CONSULTATION

The owners and their representatives, the applicant, the local authority and the Historic Environment Record (HER) were invited to comment on the factual details of the case as part of our consultation process.

The Frome and District Civic Society responded providing additional information about the development of the farmstead. Documentary evidence in the Longleat archive includes the 1799 Richardson Survey of Frome, and the 1813 Cruse Survey of Frome; references to these sources have been added to the report.

The Society also questions the statement that the farmhouse was rebuilt in the C19, claiming that an equally strong proposition is that the original building was retained, restored and modernised, possibly with extensions. The statement suggesting rebuilding was based on map evidence and an inspection of the building. Maps clearly show the present building with a very different footprint, and in a slightly different position, to that which preceded it. It is, of course, possible that the present building retained fabric from an earlier structure, but none was apparent upon inspection. However, an amendment to the report has been made to reflect the possibility that earlier fabric may be embedded within the present building.

The owner and owner's representative replied but had no comments on the factual details. The local authority confirmed that the buildings are not located with a conservation area but had no comments on the report. The HER replied but had no comments on the report.

No other comments were received. 49

DISCUSSION

Buildings are listed for their special architectural and historic interest, as set out in the Principles of Selection for Listed Buildings (November 2018). Age and rarity are key determinants of special interest, and broadly speaking, most buildings dating from between 1700 and 1850 which retain a significant proportion of their original fabric will merit listing; after 1850, selection must become progressively more discriminating due to the greater numbers built and surviving. Our Listing Selection Guide for Agricultural Buildings (December 2017) provides context and guidance for buildings of this type. It explains that the period of, and following, the Agricultural Revolution, from around 1750 to 1880, is important in terms of the development of farm buildings in England, reflecting the investment in new types of stock, crops, buildings and land management, and the increasing application of scientific principles, and an industrialised approach to farmstead design. Group value, regional character, and internal fixtures may also be of significance. The survival of a functionally-related group of agricultural buildings will enhance claims to special architectural and historic interest.

The earliest documentary evidence for Keyford Farm dates from 1799. The farmstead comprises a farmhouse, which is a building largely (if not wholly) of the mid-to-late C19, a large C18 barn converted to a dwelling, and a number of other ancillary agricultural buildings of various dates. The general plan of the farmstead – a loose courtyard formed by agricultural buildings, with the farmhouse to the south – survives, however, the original functions of the buildings, and their interrelationships, is no longer clear, due to the level of alteration they have undergone.

The large converted barn at the south-west of the courtyard retains its general historic mass and form, but has been heavily altered; openings have been blocked, windows inserted, and it appears that the roof has been raised. While the survival of historic features internally would not necessarily be expected, the replacement of the roof structure, together with the other alterations, means the building is no longer representative of its original form and its agricultural character has been somewhat compromised by the insertion of domestic features. North of the barn is an open-sided shelter, latterly used as a garage. It retains the principal timbers of two historic trusses, but much of the remainder of the roof structure has been replaced, and the opening has been modified. The function of the northern range, dating from the late C19, is unclear. It now contains four looseboxes, though these are unlikely to be original to the building. The barn immediately to the north of the house was present on the Tithe map, depicted with a T-shaped plan. The northern range has been entirely reconstructed on the west elevation, and its roof has been replaced. The remainder of the building survives better, though the insertion of a stable, a doorway into the western gable, and extension to the south, means the character of the small building has been eroded, and legibility of function lost.

The house is a robust construction and was clearly a considered composition with some good- quality detailing. While the east elevation, with its paired gables, dressed stone mouldings and chimneystacks survives, a great proportion of the rest of the original external elevations has been lost behind extensions. Internally, the three-room plan survives at the core, though has been extended in various directions. The two good-quality stone chimneypieces, and the decorative timber front door reflect the high status of the dwelling, but there are few other noteworthy historic features and it appears that much of the roof structure has been replaced. As a building dating from the mid to late C19, a greater degree of survival would be necessary for listing.

Although the historic plan form of Keyford Farm survives well, the interest of farmsteads derives, in part, from the functional interrelationships of the buildings, reflecting farming practices in a significant period in the development of agricultural practice. This is not evident at Keyford Farm. Additionally, the aesthetic character of the group of buildings has been eroded by alteration. They remain an attractive group, reflecting vernacular building traditions in their materials and construction, but are, on an individual basis, too altered to be listed

CONCLUSION

After examining all the records and other relevant information and having carefully considered the architectural and historic interest of this case, the criteria for listing are not fulfilled. The group of buildings at Keyford Farm are not recommended for listing.

REASONS FOR DESIGNATION DECISION

The farmhouse, barns and ancillary buildings at Keyford Farm are not recommended for listing, for the following principal reasons:

Degree of architectural interest:

* the farmhouse, dating from the mid-to-late-C19 has been extended on three sides, obscuring large sections of the elevations; * while C18 fabric survives in some of the outbuildings, it is fragmentary, and the buildings have undergone much alteration and conversion; * the individual functions, and the functional interrelationships of the agricultural buildings are no longer legible in the surviving fabric.

Degree of historic interest:

* the status of the farm and the historic association with Keyford House is of some interest in the local context, though is not of a level which would justify listing.

Countersigning comments:

Agreed. Although Keyford farmhouse and associated outbuildings have a degree of local historical interest in reflecting vernacular traditions and the development of the farmstead, they have been considerably altered over time with the loss of much of their historic fabric. They fall short of the special interest necessary for listing.

Deborah Williams 14 November 2019

Annex 1 Factual Details

Name: Keyford Farm

Location: Keyford Farm House, Little Keyford, Frome, Frome, BA11 5BG County District District Type Parish Somerset Mendip District Authority Frome

History The earliest evidence of Keyford Farm is the Richardson Survey of Frome, of 1799. The Cruse Survey shows the farmstead in 1813, and records that it consisted of a house, garden, barns and stables, pasture, orchard, and mowbarton. The Tithe map apportionment notes ‘farm house and premises’, with adjoining plots being a barton, garden, and orchard. It appears that the farmhouse was either wholly or partially rebuilt or between the publication of the Tithe and the first edition of the Ordnance Survey 1:1250 map in 1889, and stylistically, a mid-C19 date for the building is fitting. The farmhouse has been extended twice: in the 1960s with a large, two-storey structure on the south-west, and more recently with a single-storey range providing an entrance lobby and office, infilling the gap between the farmhouse and the barn to the north.

The barn at the south-west corner of the farm’s courtyard was built in two principal phases, both of which were present on the Tithe map. It has been converted to a dwelling, involving the insertion of a first floor, and the roof appears to have been raised.

The other buildings around the courtyard bear evidence of multiple phases of modification and reuse. The complex has been in equestrian use for some decades, and the various stables appear to have been created from earlier ancillary agricultural buildings. Although the general layout of the farmstead survives, the specific original functions of the individual structures are unclear from the surviving fabric, and a number of other structures have been lost.

Details Farmstead consisting of a farmhouse, largely mid-C19 with C20 extension, and a number of associated barns, stables and ancillary buildings dating from the late C18 and C19.

MATERIALS: the farmhouse is constructed from roughly-coursed rubble Bath stone, with Bath stone dressings, clay tiled roofs and stone stacks. The outbuildings use similar materials, with modifications in brick and with some cement render.

PLAN: the farmhouse stands to the south of the group of agricultural buildings, which form a loose courtyard.

The farmhouse has an irregular footprint; the main range appears to have originally had an L- shaped plan of two intersecting ranges. A large, two storey extension was built in the south-west corner in the 1980s, and there is an extension to the north which infills the gap between the house and the adjacent barn and stables, which enclose the courtyard on the east.

A large barn, converted to a dwelling, stands to the south-west corner of the courtyard. North of this is an open-fronted building with a hipped roof, possibly a cartshed, latterly a garage. Enclosing the north side of the courtyard is a row of stables, and at the north-east corner is a low, linear range running north-south.

EXTERIOR: the principal elevation of the farmhouse faces east; it was originally an asymmetrical, three-bay composition with a pair of gables on the right, with a recessed bay on the left. The narrow central gable contains the front door: plank timber with studs along the rails, and a dressed stone architrave with a Tudor-arched head with moulded spandrels and a hood mould. Replacement 52

casement windows are within two- or three-light mullioned openings, also with hood moulds. Elevations have a low plinth, and the gables have moulded kneelers and dressed coping stones with a trefoil finial. The building was extended to the north with a single-storey range in the late C20, and to the south-west with a two-storey, flat-roofed addition, which encases much of that corner of the building. On the west elevation, facing the garden, only the blind gable end of the original building remains visible; it has a truncated rubble chimneystack at the apex. Other chimneystacks on the building exhibit greater architectural quality: dressed stone with octagonal shafts and moulded details.

The adjacent barn and stables to the north of the farmhouse abut the late-C20 northern extension of the farmhouse. There are two stables in the flat-roofed northern range; the masonry bears evidence of modification, and the west elevation is entirely rendered. A third stable has been created in the barn; this building has intersecting pitched roofs indicating at least two historic phases of development; the lean-to section and the infill range to the south date from the late C20. The gable end, facing west, has a brick-lined doorway, indicating that it is an insertion.

The large barn at the south-west corner of the courtyard, converted to a dwelling, is a linear building of two main phases, with gable ends and pitched roofs. The northernmost three bays represent the original building; the east elevation faces the courtyard, and the central bay retains a full-height opening (now glazed); the west elevation has some evidence of an equivalent opening having been blocked. Windows openings have been inserted throughout, and the north gable has blocked ventilation openings. The roof has been raised.

The cartshed is a simple structure with blind, rubble elevations and a hipped roof. The south elevation is open, and the masonry around the opening bears evidence of modification. Historic maps show a structure, possibly pigsties, abutting the west elevation; this is no longer extant.

The building enclosing the north side of the courtyard contains three stables. Openings are on the south elevation, and most do not appear to be original to the building. The north elevation is blind, and the west gable end has a stable door and a window in the gable.

The building at the north-east corner of the courtyard is a low range of two main phases. The northern section of the building is the earliest; it is blind but for a large double-doorway on the west elevation, and it has a hipped roof. The southern section, which had been added by 1889, appears to have been open-fronted, and has since been infilled with a central doorway with a window to either side. The gable end exhibits substantial rebuilding with a variety of materials. The roof is a shallow pitch.

INTERIOR: the historic part of the farmhouse has three principal rooms to each floor. The plan form survives, notwithstanding the insertion of openings into the extensions. On the ground floor, the kitchen retains a wide inglenook, and there are dressed limestone chimneypieces in the two reception rooms. Various elements of joinery survive, including some skirtings, four-panel doors and architraves. The internal side of the front door has decorative timber braces. On the first floor there is a single chimneypiece in one of the bedrooms.

The adjacent barn and stable to the north of the farmhouse was only accessible on the ground floor, and does not contain historic features of note. The roof structure was inaccessible. The stable range running north is plain internally and has a modern flat roof.

The large barn at the south-west corner of the courtyard, converted to a dwelling, was not inspected internally, but is not believed to contain historic features of note, and the historic roof structure is not understood to survive.

The cartshed has exposed rubble walls. The roof structure consists of a pair of historic trusses, with deep, roughly-hewn principal rafters with pegged tie beams and trenched purlins. The hip rafters, ridge, one collar beam and a substantial proportion of the other rafters are replacement timbers.

The building enclosing the north side of the courtyard, now stables, has plastered walls, and a light- weight partition beneath each of the roof trusses forming individual stables. The roof structure consists of king post trusses of machine-sawn timbers, trenched purlins and a ridge.

Only the southern part of the north-east corner building was inspected (2019); it does not contain historic features of note and has a modern roof structure.

Selected Sources Map

National Grid Reference: ST7727846506

The above map is for quick reference purposes only and may not be to scale. For a copy of the full scale map, please see the attached PDF - 1467258_1.pdf

Agenda Item No. DM02

Case Officer Mr James U'Dell

Site Land At Green Pits Lane Nunney Frome Somerset

Application Number 2020/0158/FUL

Date Received 27th January 2020

Applicant/ BDW Trading Ltd Organisation BDW Trading Ltd

Application Type Full Application

Proposal Erection of 82 no. residential dwellinghouses with associated infrastructure including landscaping, open space, drainage and highway access and parking.

Ward Cranmore, Doulting And Nunney

Parish Nunney Parish Council

Recommendation Delegate to approve subject to the satisfactory resolution of matters relating to the removal of the Asham Wood condition from the HRA assessment (and with the attachment of any further relevant conditions attached), entering into and completion of a section 106 agreement and following the completion of advertising the application as a departure from the development plan with no new significant material planning considerations being raised by any representations received.

Ward Cllrs. Cllr Francis Hayden

What 3 Words: partly.backtrack.comfort

Referral to Planning Board

This application is referred to the Planning Board as it is an application for development that would be a departure from the existing adopted Development Plan.

Site Description and Proposal

This full planning application relates to Land at Green Pits Lane, Nunney, Somerset.

The application relates to an area of greenfield land measuring approximately 3.5 hectares on the southern edge of Nunney. The site is bounded by existing residential development (Glebelands and Pookfield) to the north, Green Pits Lane to the west (with agricultural land beyond), residential and commercial properties to the east (with Catch Road beyond) and residential and commercial properties to the south (with the A361 beyond).

The application seeks full planning permission for the erection of 82 no. residential dwellinghouses with associated infrastructure including landscaping, open space, drainage and highway access and parking.

The proposal includes a primary access onto Green Pits Lane and an emergency access onto Glebelands. 30% per cent affordable housing is proposed, which equates to 25 units, including 21 social rented units and 4 intermediate units (shared ownership). Two attenuation drainage ponds are located in the northern section of the site and extensive areas of open space are proposed, which include a LAP (Local Area for Play) and LEAP (Locally Equipped Area for Play). A wildlife corridor is provided around the southern and eastern sections of the site.

The site has been allocated under Policy NN1 of the Emerging Mendip District Local Plan, Part 2, to provide a minimum of 70 dwellings.

Planning History

2014/0198/OTS – Outline planning permission for the erection of up to 100 no. dwellings, vehicular access from Green Pits Lane, pedestrian/cycle access from Glebelands, highways improvements, public open space, drainage and associated works – Refused 27th August 2014 for the following reasons:

1. The proposed development of up to 100 dwellings would represent a significant, unnecessary and unjustified encroachment of built development beyond the development limits that would harm the scenic and distinctive rural character of the site, and significantly degrade the quality of the local landscape. As such, the proposals are contrary to Saved Policies S1 and Q1 of the Mendip District Local Plan, Policies CP2 and DP9 of the Draft Mendip Local Plan Part 1: Strategy and Policies (as proposed for modification, June 2014) and a core planning principle set out in the National Planning Policy Framework. A condition to secure a comprehensive landscape scheme would not fully mitigate the adverse impact of development proposed.

2. The proposed development of up to 100 dwellings in a location with limited services and facilities would generate a significant number of private vehicle movements, and the alternative transport modes available and a travel plan would not secure a significant modal shift. The level and location of the proposed development would therefore not make satisfactory provision for access by all means of travel (particularly by means other than the private car) and the proposal is therefore contrary to Saved Policy S1 of the Mendip District Local Plan, Policies CP2 and DP9 of the Draft Mendip Local Plan Part 1: Strategy and Policies (as proposed for modification, June 2014) and Chapter 4 of the National Planning Policy Framework.

Appeal (public Inquiry) relating to application 2014/0198/OTS - dismissed on 24 February 2015.

Consultations and Representations

Ward Member - No comments received.

Nunney Parish Council - Object due to the impact of flooding and the capacity of the local sewage system.

Planning Policy Officer (MDC) – No objections with the following comments:

This application is for the erection of 82 dwellings at Green Pits Lane, Nunney. The site is allocated within the draft LPP2 (Policy NN1) which is currently under examination. The draft policy outlines the following development requirements and design principles:

 A minimum of 70 dwellings making provision for affordable housing in line with relevant policies;  No harm to be caused to nearby designated heritage assets as a result of the development;  The visual impact of the development should be minimised to maintain the rural character of the area;  New development should reflect local materials and style; 56

 The amenity of neighbouring residential properties should be safeguarded;  Safe access to the site should be provided for a range of transport modes;  0.28ha of replacement habitat should be provided in order to maintain or enhance biodiversity on the site;  Adequate provision of open space and recreation areas;  Appropriate drainage provision.

The proposed development appears to meet the above criteria and as such it is not considered that the proposed 82 dwellings is unachievable from a policy perspective.

Although the Local Plan Part 2 is still at examination stage and is currently consulting on its Main Modifications, the draft Plan is considered by the Inspector in his Interim Note (Document ED20) to be able to be found sound subject to these Main Modifications being made. Therefore, although Policy NN1 cannot be afforded full weight as an adopted policy, it can be argued that it does carry some weight.

Concerns previously raised with regards to on-site play provision have been resolved, due to the inclusion of a LEAP within the site.

The proposed scheme is considered to be acceptable from a policy perspective.

Highways Officer (SCC) - No objections, subject to conditions.

Housing Enabling Officer (MDC) - No objections. Applicant has clarified that it is intended to provide 21 Social Rent units on site in addition to 4 Intermediate Units, which is acceptable.

Local Lead Flooding Authority (LLFA) -No objections, subject to the attachment of a relevant condition.

Wessex Water - No objections, informative notes to be added to any decision notice.

Environment Agency - No objections.

Education Officer (SCC) – No objections subject to contributions secured by S106 legal agreement

On this occasion there appears to be capacity in the early years providers and the Nunney primary school to accommodate children from this development. However there is pressure on places at the Oakfield middle school in Frome due to all the housing in the area, and it is likely that SCC as education authority will have to expand the facilities there to accommodate the children from this development and surrounding areas.

82 x 0.15 = 12.3 – 13 middle school pupils.

The current cost to build is as follows:

13 x 20,967.50= £272,577.50

NHS England -No objections received.

Designing Out Crime Officer - Avon & Somerset Police -No objections - the revised plans address previous objections.

Archaeological Officer – No objections

As far as we are aware there are limited or no archaeological implications to this proposal and we therefore have no objections on archaeological grounds.

Environmental Protection Officer (MDC) - No objections, subject to the attachment of relevant conditions.

Contaminated Land Officer (MDC) - No objections subject to conditions for attachment to deal with issues of contamination and remediation.

Ecologist - No objections subject to conditions

Referred Habitat Regulations Assessment (HRA) to Natural England for their comments.

Natural England – No objections, subject to appropriate mitigation being secured by conditions set out in HRA.

Somerset Waste Partnership – No objections

The tracking has been provided, please advise what measures are in place to ensure parked cars will not obstruct the path of the vehicle.

All waste containers from individual properties should be presented at the kerbside or curtilage for collection. The communal ‘bin collection points’ that have been plotted are not acceptable presentation points for individual bins.

Comments for the 2 x bin stores for the 2 x 4, 1 bed apartments:

 There appears to be sufficient refuse capacity (1 x 1100L) for the number of flats. However, I’ve been unable to establish the width of the pathway that leads to the bin store and whether this is sufficient to fit an 1100L bin.  I assume the 2 x 240L within the bin stores are for recycling but this is insufficient the service we currently provide. All 8 properties would have to share 1 communal recycling facility. We normally install communal recycling bins where there are 10 + properties sharing and currently issue 3 x 240L (paper, glass and cans) for the service as it is now but this service is due to expand soon so additional bins for cardboard, plastics and food would be required.

As there are only 4 x properties sharing each bin store it may be preferable to have individual bins for refuse and recycling – all containers would have to be presented at the kerbside for collection.

Neighbourhood Services (MDC) - No objections raised.

Somerset Building Control Partnership - No objections received.

Local Representations: 35 letters of objection and 3 letters of support have been received, raising the following issues (summarised):

OBJECTIONS:

- No indication of how green spaces will be managed; - Drainage and flooding; - Nunney does not have the infrastructure to support the houses; - Reliance on private travel; Lack of bus services; - Highway and pedestrian safety, lack of visitor spaces, no pavement to reach bus stop, Future management of secondary access; - Previous application and appeal were dismissed; - Impact on neighbouring amenities; Noise pollution and impact to future residents; Loss of privacy; Overbearing and dominant; - Poor design and layout; Isolated and poor integration to existing village; Overdevelopment of the site; Excessive density; 58

- Impact on ecology/ wildlife; - Provides more dwellings than set by Policy NN1 of Part 2 of the MDLP; - Light pollution; - Impact to climate change; Lack of information on energy efficiency measures; - Poor air quality; - Impact to heritage assets;

SUPPORT:

- Need more family homes in the village; - School needs more pupils; - Support the addition of more affordable housing; - Additional houses will help to support village facilities;

Full details of all consultation responses can be found on the Council’s website www.mendip.gov.uk.

Planning Analysis

Policy Context

The Council’s Development Plan comprises:

 Mendip District Local Plan Part I: Strategy and Policies (December 2014)  Somerset Waste Core Strategy

The following policies of the Local Plan Part I are relevant to the determination of this application:

 CP1 (Spatial Strategy)  CP2 (Housing)  CP4 (Sustaining Rural Communities)  CP5 (Encouraging Community Leadership)

 DP1 (Local Identity and Distinctiveness)  DP3 (Heritage Conservation)  DP4 (Landscape)  DP5 (Ecological Networks)  DP6 (Bat Protection)  DP7 (Design and Amenity)  DP8 (Environmental Protection)  DP9 (Transport Impact of New Development)  DP10 (Parking Standards)  DP11 (Affordable Housing)  DP14 (Housing Mix)  DP16 (Open Space and Green Infrastructure)  DP18 (Safeguarding Corridors for Sustainable Travel)  DP19 (Development Contributions)  DP23 (Managing Flood Risk)

Emerging Policy:

Pre-submission Local Plan Part II (including proposed changes): 59

 Policy NN1 – Land at Green Pits Lane, Nunney

Other Material Considerations:

National Planning Policy Framework (NPPF), 2019 Planning Practice Guidance (PPG), 2012 Somerset County Council Parking Strategy, 2013 Somerset County Council Standing Advice, 2015 Fields in Trust - Guidance for Outdoor Sport and Play (2015)

Key Issues

Principle of development

Within the context of the adopted development plan the site is not allocated development and falls outside of the settlement boundary for Nunney, therefore there would not be development plan policy support provided by Local Plan Part I policies CP1 and CP2.

However Members will be aware that the site is allocated in the Local Plan Part II (including proposed changes) and is identified as Policy NN1. Although the process of adopting the plan remains ongoing, at this stage and given the outcome of the examination process in relation to this site, the principle that this is a sustainable location for a residential development is considered sound.

In addition as a result of the need for additional housing allocations within the district, the Inspector as part of the post examination changes qualified that the requirement for 70 dwellings on the site should be treated as a minimum requirement. On this basis it is considered that significant weight can be attributed to this emerging policy in completing the assessment of this application.

The Planning Policy Officer offers supports the proposals and suggests that the scheme is acceptable from a policy perspective (see detailed comments above).

As the Council is currently unable to demonstrate a secure 5 year housing supply the application will be assessed against the criteria of Paragraph 11(d) of the National Planning Policy Framework (NPPF), which sets out a decision-taking framework that states that where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless:

i. the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed, read together with its footnote 6; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. Paragraph 11(d) will therefore be taken into account in determining this application, where the LPA will make an assessment as to whether any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole.

Affordable Housing

Adopted Policy DP11 sets out an expectation that 30 per cent of the dwellings should be affordable and provided on site. This is based on the Council’s viability study and evidence of local housing need.

The Housing Enabling Officer raises no objection to the affordable housing scheme offered, which includes 30 per cent affordable housing, distributed within the site, with 21 social rented units and 4 Intermediate (shared ownership) units, which complies with the mix of affordable dwellings sought by Policy DP11.

This affordable housing provision would need to be secured by a S106 legal agreement, which the applicant has confirmed they are willing to enter into, prior to the approval of planning permission.

The proposal accords with Local Plan Policy DP11 and is considered to be acceptable.

Mix of dwellings

The mix of the dwellings proposed broadly complies with the provisions of Policy DP14. The mix of units proposed is outlined below:

Market Units: Affordable Units: 2 beds = 10 1 beds = 8 (32%) 3 beds = 26 2 beds = 9 (36%) 4 beds = 19 3 beds = 6 (24%) 5 beds = 8 4 beds = 2 (8%) Total = 57 Total = 25 units

Out of the total of 82 dwellings, 25 units will be secured as affordable housing, which amounts to 30 per cent of the total scheme.

The mix and tenure of the development is considered to be acceptable and in compliance with Policy DP14 and DP11 of the Mendip District Local Plan.

Education

The County Education Officer has confirmed that there is existing capacity within the early years providers and Nunney primary school to accommodate children from this development. However there is pressure on places at the Oakfield middle school in Frome and it is likely that SCC as education authority will have to expand the facilities there to accommodate the children from this development. The development would generate the need for an extra 13 middle school places at a build cost of £272,577.50 (13 x 20,967.50).

The applicant has confirmed that they would enter into a S106 legal agreement to provide the education funding required, therefore the development would comply with the requirements of with Policy DP19 of the Mendip District Local Plan.

Public Open Space

Policy DP16 Open Space and Green Infrastructure of Local Plan Part I requires that proposals for new residential development make provision for public open space on the basis of the National Playing field Association’s (NPFA) long standing standard of 2.4ha of new space per additional 1,000 people.

Based on this standard and an average dwelling occupancy of 2.1 persons per dwelling, this equates to approximately 172 people living on site (2.1 persons x 82 units) meaning that the required area of Open Space, based on the proposed population of the development, is 0.41ha (2.4ha /1000 x 172).

‘Fields in Trust Guidance for Outdoor Sport and Play’ states that developments between 10-200 dwellings require both a LAP (Local Area for Play) and a LEAP (Locally Equipped Area for Play) as well as a contribution towards a MUGA (Multi-Use Games Area).

Although there is a LEAP located in Nunney, this is over 600m away (guidance suggests a maximum distance of 400m). As a result, the scheme includes a LAP and a LEAP within the site. The finer details of the design, layout and the types of equipment to be provided in the LAP and LEAP will be secured by the S106 agreement.

Subject to the securing of the public open space, including LAP and LEAP, and their future management, under a S106 legal the development would comply with the requirements of Policy DP16 and DP19 of the Mendip District Local Plan, in addition to the Fields in Trust Guidance for Outdoor Sport and Play.

Impact to Designated Heritage Assets

There is a duty under Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 In considering whether to grant planning permission for development which affects a listed building or its setting to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

There is also a duty under Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the preservation or enhancement of the character of the surrounding conservation area.

It is one of the core principles of the NPPF that heritage assets should be conserved in a manner appropriate to their significance. Chapter 16 of the National Planning Policy Framework at paragraph 190 sets out that the local planning authority should identify and assess the particular significance of any heritage asset. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal.

Paragraphs 192-197 sets out the framework for decision making in planning applications relating to heritage assets and this application takes account of the relevant considerations in these paragraphs.

The Nunney Conservation Area is located more than 400m north of the site and the nearest listed building to the site is ‘The Theobald Arms’ public house, which lies on the corner of Catch Road and Ridgeway, some 70m from the site, and will therefore not be viewed prominently in context with the proposed development as the new houses are set away and screened by existing vegetation. Therefore, given the relationship of the development to theses designated heritage assets, it is considered that the setting of designated heritage assets will be preserved.

The scheme will not materially harm the setting of designated heritage assets, having due regard to Section 72 and 66(1) of the Planning (Listed Building and Conservation Area) Act 1990 and Policy DP3 of the Mendip District Local Plan 2006-2029 (Part I Strategies and Policies - adopted 15th December 2014).

Design, Layout, Character and Appearance and impact on the surrounding area

Policy DP1 of the Local Plan states that development proposals should contribute positively to local identity and distinctiveness; and be formulated with an appreciation of the built and natural context of their locality. Policy DP7 states that proposals should be of a scale, mass, form, and layout appropriate to their local context. Policy DP4 recognises the quality of Mendip’s landscapes and suggests that proposals should demonstrate that their siting and design are compatible with the pattern of natural and man-made features.

The site is currently greenfield (agricultural) and is neither afforded any specific landscape protection nor designated as an area of acknowledged importance, however it does occupy an edge of settlement location with close links to the countryside beyond. As such the development needs to be sensitively designed to respond to its wider landscape setting, whilst also taking into account the urban form of development that surrounds it. 62

Residential dwellings are found to the north (Glebelands and Pookfield Close), south and east (Catch Road) of the application site. The appearance and scale of these residential dwellings reflects a strong sense of place, with two storey buildings designed with double-Roman tiled roofs with either render or brickwork for the main facing materials. The dwellings proposed have been sensitively designed to pick up on these defining characteristics and also incorporate external chimneys on key focal points of the site, as shown within the proposed plans and the materials schedule provided.

The external design and materials of the development is considered to respect the character and appearance of the area.

In terms of crime prevention and urban design, the development has been designed with clear fronts and backs and the layout allows for good permeability with pedestrian footpaths and access points, linking the site well to adjoining footpaths. A good degree of natural surveillance is also achieved through the design and layout proposed.

Soft and hard landscaping details have been provided and are considered to be acceptable as they will create a development of good quality that will preserve the landscape setting of the wider site. The implementation of the landscaping scheme will be secured by condition.

The areas of public open space, attenuation ponds, wildlife corridor and wider planting (existing and proposed) will help to break-up the site and create a soft/ visual gap between the site, countryside and existing development beyond, without making it appear isolated within its setting.

The dwellings are located within good sized plots and there is a good degree of green space in all areas of the site. The density of the development is low (23 dwellings per hectare) and the provision of 82 dwellings does not represent an over-development of the site, especially given the amount of green spaces included.

In summary it is considered that the visual impact of the development is acceptable, subject to conditions.

Impact on Residential Amenity

Policy DP7 of the MDLP states that new development should protect the amenities of neighbouring occupiers and users, and provide an adequate standard of amenity for the benefit of the proposal’s future occupiers. Policy DP8 states that development should not give rise to unacceptable adverse environmental impacts, including in relation to residential amenity.

The development has been carefully designed to ensure that the proposed units will neither overlook nor appear overbearing to one another and the separation distances proposed are considered to be acceptable. The dwellings are also positioned within the site so as not to appear overbearing or dominant to the existing residential amenities of the locality and will not overshadow or overlook neighbours to a harmful degree. The dwellings are located within good sized plots and the level of amenity provided for future occupiers is considered to be of a good standard.

The site lies within very close proximity of the A361 (Frome Road) and adjacent to a lorry park/ truck stop (south), in addition to other commercial uses (south and south-east), which are accessed via Nunney Catch roundabout. As such there is potential for noise and disturbance to the residential amenities of future occupiers from these noise sources, without suitable controls being put in place.

The Environmental Protection Officer has, however, raised no objections to the development, subject to conditions that include various noise mitigation measures, including the erection of 2.7m acoustic fencing along sections of the southern boundary of the site. With these conditions in place it is considered that the amenities of future occupiers will be provided with an acceptable level of amenity.

The provision of the public open spaces will provide a good environment for future and existing residents/ members of the village and promote health and wellbeing through opportunities for play, recreation and sports.

Given the overall design and layout of the proposed development and the design details of the individual house units it is not considered that the proposals would cause unacceptable harm to the amenities of any occupiers or adjacent occupiers through loss of light, overshadowing, overbearing impact, loss of privacy, noise, smell, traffic or other disturbance. Furthermore the proposals will provide an acceptable level of amenity for future occupiers. The proposal accords with Policy DP7 of the adopted Local Plan Part I (2014) and Part 12 of the National Planning Policy Framework.

Access and Parking

Policy DP9 and DP10 of the MDLP sets out a range of criteria to ensure that new development provides safe access arrangements that avoid causing traffic or environmental issues on the transport network; avoid direct access onto National Primary or County Routes outside Development Limits; and, where appropriate, demonstrate how sustainable modes of transport would be promoted.

A new access (primary access) to the site is taken from Green Pits Lane, in the south-western section of the site, with an emergency access included in the north-western part of the site.

New sections of public footpath are proposed along Green Pits Lane as part of the off-site highway works, which would offer a pedestrian link to the services offered around Nunney Catch and a connection to the existing footpath by the truck stop on the opposite side of Green Pits Lane, via an uncontrolled pedestrian crossing to connect into the existing footway on the south side of Green Pits Lane. The existing pedestrian crossing facilities on the Green Pits Lane arm of the Nunney Catch roundabout will also be upgraded to include tactile paving. This route will then link into the existing footway network on the Catch Road arm of the roundabout.

Pedestrian footpaths are also proposed in the north of the application site to link to Glebelands and the existing village.

A full transport assessment (TA) and travel plan (TP) have been submitted to support the application, which have been revised to respond to previous comments and issues raised by the County Highways Officer and Travel Plan Officer.

The Highway Authority considers that the revised transport assessment demonstrates that the existing highway network can accommodate the amount of traffic that would be generated by the proposed development and consider that the proposed access to the development is acceptable, subject to conditions.

The travel plan as submitted has been audited and found to be acceptable and the measures included within it, in addition to the relevant highway works proposed, will be secured under the s106 agreement.

The parking strategy and internal layout of the site has also been considered to be acceptable and in line with County standards. Bicycle stores are also proposed for each unit, which will be secured by condition, to be provided prior to occupation.

With the attachment of relevant conditions and the highway works and travel plan measures (to be secured as part of the Section 106 agreement) the application scheme would not pose an unacceptable risk to highway or pedestrian safety.

In summary the means of access, turning and parking arrangements are acceptable and maintain highway and pedestrian safety standards. The proposal accords with Policy DP9 and DP10 of the adopted Local Plan Part I (2014) and Part 9 of the National Planning Policy Framework.

Flooding and Drainage

The application site falls entirely within flood zone 1. The site is therefore considered to have a low probability of flooding i.e. land assessed as having a less than 1 in 1,000 annual probability of flooding (<0.1%). In this respect the Technical Guidance to the National Planning Policy Framework advises that this zone is appropriate for housing development in principle drainage terms.

Given the nature of the development proposed it will result in an increase in hard surfaces within the site (including buildings, roads, driveways etc..) and a subsequent increase in surface water run-off. However, the development includes a detailed drainage strategy and provides two attenuation ponds in the north-western corner of the site, utilising sustainable urban drainage solutions (SUDS) to manage surface water run-off and consequent flooding issues.

The Local Lead Flood Authority (LLFA) has raised no objections to the proposed drainage arrangements, subject to conditions, which would also secure its long term management arrangements. This would also be secured under the S106 agreement. Furthermore no technical objections have been received from the Environment Agency or Wessex Water.

Whilst local concerns have been raised by members of the public and the Parish Council, given the above assessment and the absence of any technical objections, it is concluded that an acceptable drainage strategy can be achieved on site thereby ensuring that the development would not cause an increase in flooding in the area or add an unacceptable burden to the existing local sewerage infrastructure. As such the application is considered to accord with the requirements of Local Plan Policy DP23 and chapter 14 of the NPPF.

Energy Conservation

Relevant energy conservation measures to be incorporated within the development are outlined within the resource efficiency statement provided.

The development has adopted a fabric first approach to reducing energy and also includes the installation of highly energy efficient appliances.

The proposal includes the following energy saving measures:

- Exceedance of requirements set under Part L of Building Regulations by 10% for external walls, 40% floors, 15% roof, 30% windows and 50% for air permeability; - The dwellings will aim to reduce thermal energy demand through measures such as appropriate design and layout to promote passive solar gain and maximise natural daylight, sunlight and ventilation; - Energy efficient lighting (e.g. LED) targeting 100% of all light fittings; - Provision of high efficiency condensing gas boilers; - Specification of energy-efficient white goods (washing machine, cookers etc) as appropriate;

No low carbon renewable energy technologies are proposed.

Overall it is considered that the proposal utilises practical methods for energy conservation within its construction, will exceed existing building regulation standards and complies with Policy DP7 of the Local Plan, Part I.

Impact on Trees

An arboricultural impact assessment has been submitted in support of the application which includes a tree survey of the site.

There are no trees within the site that are covered by a Tree Preservation Order (TPO) and the site is not within the Nunney Conservation Area. However the site is surrounded by trees and hedgerows, which are largely to be retained as part of a nature/ wildlife corridor and to act as a green buffer between the main development site and the surrounding locality. Several of the trees are identified as being of high quality.

The development includes new planting in most parts/ sections of the site, as shown within the proposed soft landscaping plans provided. The new planting proposed will provide a good amount and type of soft planting within the site.

Control over the delivery of the proposed landscaping will be secured by condition. A tree protection plan condition (securing protective fencing) is also attached, to ensure that existing trees and hedgerows shown for retention, can be safeguarded from the impact of the development process. The removal of sections of hedgerow to accommodate the proposed access to the site from Green Pits Lane is considered to be acceptable, given the details of the new replacement planting for the site, which will allow the development to respect its existing landscape setting and preserve the character of the area.

The proposal is therefore considered to comply with the provisions of Policy DP1 and DP4 of the adopted Local Plan Part I (2014).

Impact on Ecology

An Ecological Appraisal has been submitted with the application which assesses various species and habitats and makes recommendations. A wildlife corridor is proposed, which surrounds the southern perimeter of the site.

The Ecologist has not objected to the scheme, subject to the inclusion of various conditions. A Habitat Regulation Assessment (HRA) has been submitted to Natural England which concludes that the proposed development is acceptable, subject to conditions. Natural England has agreed with the conclusions of the HRA and has not objected to the scheme, subject to conditions securing mitigation measures.

Further to reviewing the detailed conditions set out within the HRA assessment, Officers are of the view that the condition relating to a ‘biodiversity monitoring strategy for Asham Wood’ cannot be attached. The condition states:

“No development shall take place, including demolition, ground works and vegetation clearance, until a biodiversity monitoring strategy for Asham Wood has been submitted to, and approved in writing by, the local planning authority. The purpose of the strategy shall be to monitor increased loss and or degradation of woodland habitat caused by off road use following occupation of the development. The content of the Strategy shall include the following. a) Aims and objectives of monitoring to match the stated purpose. b) Identification of adequate baseline conditions prior to the start of development. c) Appropriate success criteria, thresholds, triggers and targets against which the effectiveness of the various conservation measures being monitored can be judged. d) Methods for data gathering and analysis. e) Location of monitoring. f) Timing and duration of monitoring. g) Responsible persons and lines of communication. h) Review, and where appropriate, publication of results and outcomes. A report describing the results of monitoring shall be submitted to the local planning authority at intervals identified in the strategy. The report shall also set out (where the results from monitoring show that conservation aims and objectives are not being met) how contingencies and/or remedial action will be identified, agreed with the local planning authority, and then implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The monitoring strategy will be implemented in accordance with the approved details”.

Officers are of the view that this condition does not meet the relevant tests (for the attachment of conditions) set out within the National Planning Practice Guidance and have subsequently requested that the condition be removed from the HRA assessment. As it stands this condition will not be carried forward, and the HRA assessment will need to amended to remove the condition prior to planning permission being approved and assessed by the Ecologist and Natural England accordingly.

With the attachment of relevant conditions, and the removal of the above condition from the HRA assessment, it is considered that the development will have an acceptable ecological impact, in accordance with the provisions of Policy DP5 and DP6 of the Mendip District Local Plan.

Impact on Archaeology

The Historic Environment Officer at Somerset County Council has raised no objections in regard to the impact of the development to archaeology.

Contaminated Land

Relevant conditions are recommended by the Contaminated Land Officer to secure further investigations relating to contamination and remediation and these conditions will need to be carried forward in the event permission is given, to secure a safe site for future occupation. With the attachment of these conditions the development will accord with the provisions of Policy DP8 of the Mendip District Local Plan.

Refuse and recycling

The scheme provides adequate outdoor amenity space and dedicated stores for refuse and recycling bins/ containers, as indicated on the proposed plans. Issues raised by the Somerset Waste Partnership have been addressed by minor revisions to the location, design and detail of the bin stores, which are now considered to be acceptable.

Details of the relevant bin stores proposed will be secured by condition.

Environmental Impact Assessment

This development is not considered to require an Environmental Statement under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

Equalities Act

Conclusion and Planning Balance

The overall thrust of Government Policy as set out in the updated NPPF is to encourage the delivery of sustainable development, and requires Local Authorities to boost significantly the supply of housing. The application reflects the emerging policy framework which covers the period 2006-2029. The application scheme offers a proposal which would provide 82 residential units, including the provision of 30 per cent affordable housing to comply with current policy requirements. The scheme also includes green ecological corridors and a high quality public open space strategy including the provision of play equipment within a LAP and LEAP located on site.

The assessment of the application as set out in this report has not identified any other adverse impacts that would arise, and the application scheme is considered acceptable in relation to the landscape impacts; amenity of neighbouring residents and the locality generally; public safety of the surrounding highway network; ecological and environmental impacts.

In summary it is recommended that that planning permission be granted, as a departure from the development plan for the reasons set out above in this report, and subject to a S106 agreement to cover the following heads of terms:

1. Travel Plan measures; 2. Provision of off-site highway works, including new street lighting and public footpaths along Green Pits Lane; Traffic Regulation Orders (where achievable), improvements to pedestrian crossing facilities at Nunney Catch roundabout; 3. Affordable Housing at 30% (split 80% social rented and 20% shared ownership) 4. Management and provision of public open space, including LAP and LEAP; 5. Management and provision of an on-site Sustainable Urban Drainage System; 6. Education contribution of £272,577.50; 7. Provision of ecological wildlife corridor; 68

8. Monitoring of s106 fees.

Recommendation

Delegate to approve subject to the satisfactory resolution of matters relating to the removal of the Asham Wood condition from the HRA assessment (and with the attachment of any further relevant conditions attached), entering into and completion of a section 106 agreement and following the completion of advertising the application as a departure from the development plan with no new significant material planning considerations being raised by any representations received.

Reason/s for Recommendation

1. A departure from the adopted Mendip District Local Plan is justified as the proposal accords with paragraph 11d of the National Planning Policy Framework (NNPF) as the benefits of the development significantly and demonstrably outweigh any harm identified and the development represents sustainable development. In addition, significant weight has been afforded to Policy NN1 of the Emerging Part II Mendip District Local Plan, which allocates the site for residential development. The proposal, by reason of its design, scale and layout would be in keeping with its surroundings. The proposal will not harm the setting of designated heritage assets. The proposal, by reason of its design, scale and layout, would safeguard the amenities of neighbouring residents and adjoining land users. The parking and turning arrangements within the site meet the required safety standards and will ensure the free flow of traffic on the highway. All practical measures for the conservation of energy have been included in the design, layout and siting of the proposal. The proposal makes acceptable drainage arrangements. The proposal makes acceptable arrangements for the protection of trees. The proposal makes acceptable arrangements for the protection of ecology. The proposal has been tested against the following Development Plan policies. In the opinion of the Local Planning Authority, and subject to the conditions below, the proposal is acceptable: Policies CP1, 2 and 4 and DP1, 3, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 19 and 23 of the Mendip District Local Plan 2006-2029 (Part 1 Strategies and Policies - adopted 15th December 2014) Emerging Policy NN1 of Part 2 of the Mendip District Local Plan. National Planning Policy Framework (NPPF) Planning Policy Guidance (PPG) Somerset County Council Standing Advice, 2015 Somerset County Council Parking Strategy, 2013 Fields in Trust - Guidance for Outdoor Sport and Play (2015)

Conditions

1. Standard Time Limit (Compliance) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: As required by Section 91 of the Town and Country Planning Act 1990 (as amended) and to avoid the accumulation of unimplemented planning permissions.

2. Plans List (Compliance) The development hereby approved shall be carried out in full accordance with the following approved drawings: - P19-2148_02L - P19-2148_03A - P19-2148_04 - P19-2148_05 - P19-2148_07D - P19-2148_08D - P19-2148_09C - P19-2148_10D - P19-2148_11E - P19-2148_12E - P19-2148_13B-DAS - P19-2148_14B-DAS - P19-2148_15B-DAS - P19-2148_16B-DAS - P19-2148_17A-DAS - P19-2148_20A - 498-P-100 Rev E - 498-P-150-01 Rev C - 498-P-150-02 Rev C - 498-P-200-01 - 498-P-200-02 - 498-P-400 Rev C - 498-P-405 Rev C - 498-P-500 Rev B - 498-P-540 Rev C - GL1263 11 Rev A - GL1263 12 Rev A - P19-2148-03-ALN REV A - P19-2148-03-ALNRS REV A - P19-2148-03-ASCOT REV A (PLOTS 22, 23, 28, 31(H), 32(H)) - P19-2148-03-ASCOT REV A (PLOTS 72, 73(H)) - P19-2148-03-ENN REV A - P19-2148-03-ENNRS REV A - P19-2148-03-GARAGESDO REV A - P19-2148-03-GARAGETW REV A - P19-2148-03-GARSI REV A - P19-2148_03-BINSTORE REV: B - P19-2148-03-KEN(EH) REV A - P19-2148-03-LAM REV A - P19-2148-03-LAMRS REV A - P19-2148-03-MAID(EH) REV A - P19-2148-03-MAID(EH)RS REV A - P19-2148-03-T51(EH)RS REV A - P19-2148-03-T51(I)RW REV A - P19-2148-03-T52 (EH) REV A - P19-2148-03-T54 REV A 70

- P19-2148-03-T55 RW REV A - P19-2148-03B - P19-2148-07-SH60/61 REV A - P19-2148-07-SH60/61 REV A - P19-2148-07-SH60/61 REV A - P19-2148_07-T51(EH)RW REV: A - D21 73 P3.4 (Rev J) - 18080-SK01 Rev B - 18080-SK03 Rev A - 18080-SK04 - Flood Risk Assessment and Drainage Strategy - FRA Issue C (dated 17/04/20) - Supplementary Ground Investigation Report, Ref: P0081_CS-J-0614 - Green Pits Lane, Nunney - Long-term Groundwater Level Monitoring - Ref: P0081_CS_J_0615 - Arboricultural Constraints Report - D21 73 02 - Arboricultural Impact Assessment Plan - D21 73 P3.4 - Ecological Report (prepared by Wessex Ecological Consultancy) - Construction Traffic Management Plan -Ref: 18080 - TRAVEL PLAN, Ref: 18080, Issue 5 (dated 30th April 2020) - Resource Efficiency Statement, Ref: BDWZ3001 - Ground Investigation Report, SR/JW/DT/13442/ GICAR - Air Quality Assessment, Ref: 25389-04-AQA-01 - Noise Assessment, Ref: P19-456-R01v3 - Archaeological Desk Based Assessment, Ref: JAC26052 v.3 - Lighting Baseline Survey Report (prepared by DPA Lighting) - Lighting Strategy Report (prepared by DPA Lighting) - Construction Environment Management Plan (prepared by Wessex Ecological Consultancy) Reason: To define the terms and extent of the permission.

3. Phasing of development (Pre-Commencement) No development shall commence until a phasing plan has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details Reason: The approved development is extensive and the submission of a phasing strategy is considered appropriate to allow the development to proceed in a flexible and timely manner. This is a condition precedent as the phasing needs to be understood prior to the commencement of any development in relation to specific conditions.

4. Surface Water Drainage System (Pre-Commencement) No development shall be commenced until details of the surface water drainage scheme, based on sustainable drainage principles together with a programme of implementation, have been submitted to and approved in writing by the Local Planning Authority. The drainage strategy shall ensure that surface water runoff post development is attenuated on site. Such works shall thereafter be carried out in accordance with the approved details. These details shall include the following: - Details for provision of any temporary drainage during construction. This should include details to demonstrate that during the construction phase measures will be in place to prevent unrestricted discharge, and pollution to the receiving system. - Details of phasing (where appropriate) and information of maintenance of drainage systems during construction of this and any other subsequent phases. - Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance (6 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters.

- Flood water exceedance routes both on and off site, note, no part of the site must be allowed to flood during any storm up to and including the 1 in 30 event, flooding during storm events in excess of this including the 1 in 100yr (plus 40% allowance for climate change) must be controlled within the designed exceedance routes demonstrated to prevent flooding or damage to properties. - Results of infiltration testing at the location(s) and proposed depth(s) of any proposed infiltration structure(s), undertaken in accordance with BRE Digest 365 methodology. - Confirmation of groundwater levels to demonstrate that the invert level of any soakaways or unlined attenuation features can be located a minimum of 1m above groundwater levels. - Detailed calculations of proposed infiltration features informed by the results of infiltration testing. - Details of how natural overland flow paths and overland flows from outside of the site boundary have influenced the development layout and design of the drainage system. Reason: In the interests of providing a satisfactory level of surface water drainage, improving water quality and to prevent flooding in accordance with Policy DP23 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a condition precedent because it is necessary to understand the drainage scheme in detail prior to any initial construction works which may prejudice the surface water drainage strategy.

5. Materials - Submission of Schedule and Samples (Bespoke Trigger) No construction of the external walls of the development shall commence until a schedule of materials and finishes, and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out only in accordance with the approved details. Reason: In the interests of the appearance of the development and the surrounding area in accordance with Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006- 2029 (Adopted 2014).

6. Sample Panel - Walling (Bespoke Trigger) No construction of the external walls of the development shall commence until a sample panel of all external walling materials to be used has been erected on site, approved in writing by the Local Planning Authority, and kept on site for reference until the development is completed. The development shall be undertaken in accordance with the approved details. Reason: In the interests of the appearance of the development and the surrounding area in accordance with Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006- 2029 (Adopted 2014).

7. Ecology - Soft Landscaping for Bats (Pre-occupation) Notwithstanding the details submitted, no occupation shall commence until an amended soft landscaping plan, to include, with the exception of the attenuation basin, species rich long sward grassland with scrub in the open space west of the highway access to the site and the link to Glebelands, has been submitted to and approved in writing by the Local Planning Authority. Reason: To provide mitigation for Greater Horseshoe bats, in the interests of the integrity of the conservation objectives of a European site and in accordance with Policy DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

8. Hard and Soft Landscaping (Compliance)

All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme (phasing) agreed in writing with the Local Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development in accordance with Policy DP4 of the Mendip District Local Plan Part 1: Strategy & Policies 2006- 2029 (Adopted 2014).

9. Provision and Storage of Recycling and Waste Containers (Compliance) No individual dwelling shall be occupied until the recycling and waste containers stores for that individual unit(s) have been provided on site in accordance with the approved plans. The works shall be permanently retained and maintained in accordance with the approved details thereafter. Reason: In the interests of the character and appearance of the area, residential amenity and highway safety having regards to Policies DP1, DP7 and DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

10. Provision of Cycle Parking (Compliance) No individual dwelling shall be occupied until the cycle store for that individual unit(s) has been provided in accordance with the approved plans. The works shall be permanently retained and maintained in accordance with the approved details thereafter. Reason: In the interests of promoting sustainable travel alternatives having regards to Policies DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

11. Energy Efficiency Measures (Compliance) The development hereby approved shall be carried out and constructed in full accordance with the energy efficiency and reduction measures detailed on the approved plans and specified within the Resource Efficiency Statement, Ref: BDWZ3001. The works shall be retained in accordance with these approved details thereafter. Reason: In the interests of energy efficiency, reduction and wider sustainability, having regards to the provisions of Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014), Frome Neighbourhood Plan and Planning Practice Guidance (PPG).

12. Contaminated Land - Investigation and Risk Assessment (Pre-commencement) No development shall commence unless an investigation and risk assessment of the nature and extent of contamination on site and its findings have been submitted to and approved in writing by the Local Planning Authority. This assessment shall be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. The assessment shall consider all previous uses and shall be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The assessment and written submission shall include:

(i) a survey of the nature, extent and significance of any contamination;

(ii) an assessment of the potential risks to:

- human health, - property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, 73

- adjoining land, - groundwaters and surface waters, - ecological systems, - archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal and justification for the preferred option(s). Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and in accordance with sections 11 and 15 of the National Planning Policy Framework. This is a condition precedent because the works comprising the development have the potential to uncover harmful contamination. Therefore these details need to be agreed by submission of an assessment report before work commences in addition to any assessment provided with the planning application. This condition does not restrict commencement of enabling works provided that these may be demonstrated to be entirely for the purposes of ground investigations deemed necessary to inform the risk assessment.

13. Contaminated Land - Remediation Scheme (Pre-commencement) No development shall commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, controlled waters, ecological systems, buildings and other property and sites of historical interest, has been submitted to and approved in writing by the Local Planning Authority unless the findings of the approved investigation and risk assessment concludes that a remediation scheme is not required. The scheme shall include:

(i) all works to be undertaken; (ii) proposed remediation objectives and remediation criteria; (iii) timetable of works and site management procedures and where the site is to be developed in phases, a phasing plan identifying any specific protection measures; (iv) where required, a monitoring and maintenance programme to monitor the long-term effectiveness of the proposed remediation and a timetable for the submission of reports that demonstrate the effectiveness of the monitoring and maintenance carried out. (v) where required, additional contingency measures designed to safeguard future users and receptors

The remediation scheme shall be designed to ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The development shall not commence until the approved remediation scheme has been carried out, excepting those works required to carry out remediation, or in accordance with the approved timetable of works. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to human health, controlled waters and other offsite receptors and in accordance with sections 11 and 15 of the National Planning Policy Framework. This is a condition precedent because the works comprising the development have the potential to uncover or affect pathways for harmful contamination. Therefore these details need to be agreed before work commences.

14. Contaminated Land - Verification Report (Pre-occupation) No occupation shall commence until a verification report has been submitted to and approved in writing by the Local Planning Authority, unless the findings of the approved investigation and risk assessment has confirmed that a remediation scheme is not required. Where a phasing plan has been approved no occupation shall commence of each phase until a verification report dealing with that phase has been submitted to and approved in writing by the Local Planning Authority. The verification report shall confirm that the approved remediation has been completed and demonstrate the effectiveness of the remediation carried out. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to human health, controlled waters and other off-site receptors and in accordance with section 11 and 15 of the National Planning Policy Framework.

15. Contaminated Land - Unexpected Contamination (Compliance) In the event that contamination which was not previously identified is found at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority and further development works shall cease unless alternative arrangements have been first agreed in writing with the Local Planning Authority. An investigation and risk assessment shall be undertaken and where remediation is necessary, a revised remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. The revised scheme shall thereafter be implemented as approved. The requirements of this condition shall also apply if other circumstances arise during the development, which require a reconsideration of the approved remediation scheme. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to human health, controlled waters and other off-site receptors and in accordance with section 11 and 15 of the National Planning Policy Framework.

16. Tree Protection Plan (Pre-commencement) No development shall take place until an annotated tree protection plan following the recommendations contained within BS 5837:2012 identifying measures (fencing and/or ground protection measures) to protect the trees to be retained has been submitted to and approved in writing by the Local Planning Authority. The plan shall include proposed tree protection measures during site preparation (including clearance and level changes), during construction and landscaping operations. The plan should include the design of fencing proposed and take into account the control of potentially harmful operations such as the position of service runs, storage, handling and mixing of materials on site, burning, and movement of people and machinery. Reason: To ensure that the trees are protected from potentially damaging activities in accordance with Policy DP1 of the Mendip District Local Plan Part 1: Strategy & Policies 2006- 2029 (Adopted 2014). This is a condition precedent because the works comprising the development have the potential to harm retained trees. Therefore these details need to be agreed before work commences.

17. Noise Mitigation Measures (Pre-Occupation) Plots 1-7, 11-12, 16-23 and 75-78 shall not be occupied until the following noise mitigation measures have been installed/ incorporated into their construction and layout: - 2.7m acoustic fencing shall be incorporated into the gardens of plots 1-7, 11-12 and 16-23, to accord with the technical specifications for the acoustic barrier proposed under section 5.0 of the Noise Assessment, Ref: P19-456-R01v3; - Enhanced acoustic double glazing and ventilation as identified in the Noise Assessment, Ref: P19-456-R01v3; - Enhanced acoustic double glazing and ventilation in the form of acoustically attenuated trickle ventilation, specifically for habitable rooms on the relevant elevations of Plots 1-7, 11- 12, 16-23, 75-78.

The works shall be permanently retained and maintained in accordance with the approved details thereafter. Reason: To safeguard the residential amenities of occupiers of the development, in accordance with Policy DP7 and DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

18. Construction Management Plan (Pre-commencement) For each phase of development no development shall commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall or include the following:

 Details of the working methods to be employed on site during the demolition and construction (and preparation associated with construction) of the site.  Measures (including screening) to be taken to minimise emissions of dust, fumes, odour, noise, vibration. Details for the safe disposal of waste materials shall also be included.  the parking of vehicles of site operatives and visitors;  loading and unloading of plant and materials;  storage of plant and materials used in constructing the development;  wheel washing facilities;  measures to control the emission of dust and dirt during construction;  delivery and construction working hours.

And shall confirm:

That, until 01/04/2021 or any further date set by the Temporary Fast Track Deemed Consent Route Under Section 74B of the Town and Country Planning Act 1990, noise emissions from the site during the construction of the development, including all demolition, clearance and redevelopment works, where noise exceeds a level of 3 dB(A) below the existing background L90 level (or 8 dB(A) below if there is a particular tonal quality) when measured as a 15 minute equivalent continuous sound level at the boundary of any noise sensitive receptor, shall not occur outside of the following hours:  Mon - Sat 08.00 - 21.00  All other times, including Sundays, Bank and Public Holidays there shall be no such noise generating activities. After that date the hours will revert to:  Mon - Sat 08:00-18:00  All other times, including Sundays, Bank and Public Holidays there shall be no such noise generating activities.

19. Emergency Access (Pre-Occupation) No occupation shall commence until a design and specification for the works as shown on 'Emergency Access', Dwg No: 18080-SK01 revB, has been submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be carried out in accordance with the approved details prior to the occupation of any dwellings on the site and permanently retained and maintained in accordance with the approved details thereafter. Reason: In the interests of highway and pedestrian safety, in accordance with Policy DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

20. Primary Access (Pre-Occupation) No occupation shall commence until design and specification for the proposed access, including visibility splays, as detailed on 'Proposed Site Access', Dwg No: 18080-SKO1 rev B, has been submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be carried out in accordance with the approved details prior to the occupation of any dwellings on the site and permanently retained and maintained in accordance with the approved details thereafter. Reason: In the interests of highway and pedestrian safety, in accordance with Policy DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

21. Estate Roads (Pre-Occupation) No part of the development hereby permitted shall be occupied or brought into use until the the proposed estate roads, footways, footpaths, tactile paving, cycleways, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car, motorcycle and cycle parking have been constructed and laid out in accordance with details to first be submitted to and approved in writing by the Local Planning Authority, before their construction begins. For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority. The works shall be permanently retained and maintained in accordance with the approved details thereafter. Reason: In the interests of highway and pedestrian safety, in accordance with Policy DP9 and DP10 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

22. Construction of Roads, Footpaths and Turning Spaces (Compliance) The proposed roads, including footpaths and turning spaces where applicable, shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway. Reason: In the interests of highway and pedestrain safety in accordance with Policy DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

23. Parking (Compliance) No individual dwelling shall be occupied until the parking spaces for that individual unit have been marked out, constructed and properly consolidated and surfaced (not loose stone or gravel) in accordance with the approved plans. The spaces shall thereafter be permanently retained (including the internal garage spaces) and kept clear of obstruction at all times and not used other than for the parking of vehicles or for the purpose of access in conjunction with the approved development. Reason: To ensure that sufficient parking is provided to serve the approved development in the interests of highway safety in accordance with Policies DP9 and DP10 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

24. Landscape and Ecological Management Plan (LEMP) (Pre-Occupation)

No occupation shall commence until a Landscape and Ecological Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The content of the LEMP shall include the following: a) Description and evaluation of features to be managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). g) Details of the body or organization responsible for implementation of the plan. h) On-going monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long- term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The development shall be carried out and implemented in accordance with the approved details thereafter. Reason: In the interests of protected species and biodiversity, in accordance with Policy DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and the guidance contained within the NPPF.

25. Ecology - Lighting Design for Bats (Pre-occupation) No occupation shall commence until a lighting design for bats has been submitted to and approved in writing by the Local Planning Authority. The strategy shall: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed (through the provision of 'lighting contour plans technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. The design will also include any amenity and or security lighting where needed; c) show the installation of physical barriers to prevent light spill. All external lighting shall be installed in accordance with the approved details and in accordance with the phasing plan, and shall be maintained thereafter in perpetuity. No further external lighting shall be installed without further details being submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of the integrity of the conservation objectives of a European site, the Favourable Conservation Status of populations of European protected species and in accordance with Policy DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

26. Ecology - Nesting Birds (Bespoke Trigger) No removal of trees hedges or shrubs shall take place between 1st March and 31st August unless a Survey to assess the nesting bird activity on the site during this period and a Scheme to protect the nesting birds has been submitted to and approved in writing by the Local Planning Authority. No tree hedge or shrub shall be removed between 1st March and 31st August other than in accordance with the approved bird nesting protection scheme. Reason: To protect nesting birds and prevent ecological harm in accordance with DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

27. Ecology - Ecological and Bio-Diversity Gains (Pre-occupation)

No occupation shall commence until a scheme of ecological and bio-diversity gains has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include: a) A Habibat 001 bat box or similar built into structures at least four metres above ground level and away from windows of the west or south facing elevation on 6 plots; b) A cluster of four Manthorpe swift bricks or similar built into the wall at least 60cm apart, at least 5m above ground level on the north facing elevation of 4 plots; c) Two Schwegler 1SP Sparrow terraces or similar at least one metre apart directly under the eaves and away from windows on the north facing elevation of 5 plots; d) A bee brick built into the wall about 1 metre above ground level on the south or southeast elevation of the dwelling of 15 plots; e) That new fencing has accessible hedgehog holes, measuring 13cm x 13cm to allow the movement of hedgehogs into and out of the site. The development shall be carried out in accordance with the approved details and permanently retained as such thereafter. Reason: To prevent ecological harm and to provide biodiversity gain in accordance with Policy DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014) and paragraph 170(d) of the National Planning Policy Framework.

Informatives

1. Condition Categories Your attention is drawn to the condition/s in the above permission. The heading of each condition gives an indication of the type of condition and what is required by it. There are 4 broad categories:

Please note all conditions should be read fully as these headings are intended as a guide only.

Failure to comply with these conditions may render the development unauthorised and liable to enforcement action. Where approval of further information is required you will need to submit a conditions application and pay the relevant fee, which is £116 per request (or £34 where it relates to a householder application) and made payable to Mendip District Council. The request must be made in writing or using the Standard Application form (available on the council's website www.mendip.gov.uk ). For clarification, the fee relates to each request for the discharge of condition/s and not to each condition itself. There is a no fee for the discharge of conditions on a Listed Building Consent, Conservation Area Consent or Advertisement Consent although if the request concerns condition/s relating to both a planning permission and Listed Building Consent then a fee will be required.

2. In determining this application the Local Planning Authority considers it has complied with the aims of paragraph 38 of the National Planning Framework by working in a positive, creative and pro-active way.

3. The responsibility for ensuring compliance with the terms of this approval rests with the person(s) responsible for carrying out the development. The Local Planning Authority uses various means to monitor implementation to ensure that the scheme is built or carried out in strict accordance with the terms of the permission. Failure to adhere to the approved details will render the development unauthorised and vulnerable to enforcement action.

4. In order to discharge conditions relating to the approval of external walling and roofing materials, please ensure that materials are left on site for approval and NOT brought to the Council Offices. When applying for the approval of materials, you must state precisely where on site any samples have been made available for viewing.

5. The Planning Authority is required to erect a Site Notice on or near the site to advertise development proposals which are submitted. Could you please ensure that any remaining Notice(s) in respect of this decision are immediately removed from the site and suitably disposed of. Your co operation in this matter is greatly appreciated.

6. Please note that your proposed work may also require Building Regulations approval, which is a separate consent process to the consideration of a planning application. The Council's Building Control team are available to provide Building Regulations advice from pre- application stage to completion of a development and can be contacted on 0300 303 7790. Further details can also be found on their website http://www.sedgemoor.gov.uk/SomersetBCP/

7. Contamination Informative Note: NPPF s.179: Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.

8. Wessex Water has provided the following informatives for the applicant:

Under the current Water Industry charging arrangements development may connect to the nearest size for size sewer with the sewerage undertaker having the responsibility for the implementation of any capacity improvements required to serve proposed development.

The full planning application at Green Pits Nunney is for 82 dwellings.

We note Detailed Engineering Sheets (498-P-150)-01 and -02, Revision C.

The aforementioned drawings submitted with the planning application shows the main proposed sewer runs connecting to the existing 150mm foul sewer crossing the site and to an existing public foul sewer in Pookfield Close. New proposed sewers are 100mm and 150mm. Sewers of 100mm in diameter may support foul flows only from a maximum of 10 dwellings.

The sewers in Pookfield Close were recently adopted by Wessex Water under the transfer of private sewer legislation. We have no diameters recorded for these sewers which may not be suitable for connection (150mm sewer leaving the site at this point). A size for size connection may be further than the nearest sewer annotated on the public sewer map; point of connection subject to application and agreement.

It appears, from the layouts, that easements to the existing sewer (3 metres either side of the outside edge) have been observed. However, a proposed bund and soakaway conflict with the proposed connection point to Pookfield Close, the 3 metre easement also applies to these structures.

The surface water layout shows surface water discharging to two infiltration basins on site. The LLFA response of 4th June noted; elements of the surface water scheme may be offered for adoption by Wessex Water under the new Sewerage Sector Guidance.

The addition of 82 dwellings to the sewer network at this location will trigger a review if the planning application is successful. Wessex Water will consider the impact of the development flows and manage any necessary downstream sewer improvements.

9. This permission is accompanied by an agreement under Section 106 of the Town and Country Planning Act 1990), that secures the following planning obligations:

1. Travel Plan measures; 2. Provision of off-site highway works, including new street lighting and public footpaths along Green Pits Lane; Traffic Regulation Orders (where achievable), improvements to pedestrian crossing facilities at Nunney Catch roundabout; 3. Affordable Housing at 30% (split 80% social rented and 20% shared ownership) 4. Management and provision of public open space, including LAP and LEAP; 5. Management and provision of an on-site Sustainable Urban Drainage System; 6. Education contribution of ?272,577.50; 7. Provision of ecological wildlife corridor; 8. Monitoring of s106 fees.

The applicant will also be required to enter into a suitable legal agreement with the Highway Authority to secure the construction of the highway works necessary as part of this development. Please contact the Highway Authority to progress this agreement well in advance of commencement of development.

Case Officer Mr Josh Cawsey

Application Number 2020/0324/FUL

Site 2 Belle Vue The Street Chilcompton Radstock BA3 4HG

Date Received 14th February 2020

Applicant/ Mr M Robbins Organisation Application Type Full Application

Proposal Erection of detached dwelling with associated access

Ward Ashwick, Chilcompton And Stratton

Parish Chilcompton Parish Council

Recommendation Approve

Ward Cllrs. Cllr Josh Burr Cllr Sam Phripp

What3Words: guards.combines.nooks

Referral to Ward Member/Chair and Vice Chair:

The application is being referred to Planning Board at the request of the Chair and Vice Chair of Planning having followed the Planning Application Decision Making Process.

The recommendation of approval is contrary to the Parish Councils recommendation of refusal.

The application was referred to the Ward Members, Cllr Burr and Cllr Phripp, on 28th May 2020. Cllr Phripp responded on 2nd June 2020, recommending the application be referred to Planning Board with the below points raised;

“While the application has been amended, the adjoining garden remains overlooked. As things stand, that garden has an element of privacy which would be lost should this application go ahead.”

No response was received from Cllr Burr.

Description of Site, Proposal and Constraints:

The application site is 2 Belle View, The Street, Chilcompton, BA3 4HG. The site is an end terrace dwelling house located on the corner of The Street and Upper Pitchings. The site contains a single dwelling house with a long garden and 2 existing access’; one onto The Street and one onto Upper Pitchings.

The application site is within an Area of High Archaeological Potential, Low Risk Coal Development Area, SSSI Impact Risk Zone and is within Development Limits.

The application seeks to erect a detached dwelling house with associated access from Upper Pitchings. The proposal seeks a one and 1/2 storey dwelling house with dormers to the front and rear elevations of the property. Relevant History:

There is no relevant site history. 82

Summary of Ward Councillor comments, Town/Parish Council comments, representations and consultee comments:

Chilcompton Parish Council: Recommend refusal on the grounds of Loss of Light, Loss of Privacy, Overdevelopment and lack of parking.

SCC Highways: Standing Advice Applies.

Ward Member: No response received.

Local Representation: 4no. Letters of objection have been received raising the below matters;

 Parking Impact  Loss of Light  Loss of privacy  Over development  Highways impact due to increased traffic  Soakaway details are inadequate

Full details of all consultation responses can be found on the Council’s website www.mendip.gov.uk

Summary of all planning policies and legislation relevant to the proposal:

The Council’s Development Plan comprises:

 Mendip District Local Plan Part I: Strategy and Policies (December 2014)  Somerset Waste Core Strategy

The following policies of the Local Plan Part 1 are relevant to the determination of this application:

 CP1 - Mendip Spatial Strategy  CP2 - Supporting the Provision of New Housing  CP4 - Sustaining Rural Communities  DP1 - Local Identity and Distinctiveness  DP7 - Design and Amenity of New Development  DP9 - Transport Impact of New Development  DP10 - Parking Standards

Other possible Relevant Considerations (without limitation):

 National Planning Policy Framework  National Planning Practice Guidance  The Countywide Parking Strategy (2013)

Assessment of relevant issues:

Principle of the Use:

The application site is located within the development limits of Chilcompton where there is a presumption in favour of development and is therefore is acceptable in principle having regard for policies CP1 and CP2 of the Mendip District Council Local Plan Part 1.

Design of the Development and Impact on the Street Scene and Surrounding Area:

The proposal seeks to erect a 1½ storey dwellinghouse with dormer windows to the front and rear which has been designed to sit within the proposed plot at a low level. Whilst the proposal will have an impact on the street scene of Upper Pitching, it is assessed that the impact would not be harmful over and above that of the existing layout. The proposal also sets the dwellinghouse at a 90degree angle to 2 Belle Vue, in line the existing properties within The Pitching.

An objection has stated that the proposal is overdevelopment of the plot. The application plot is within the rear garden of an existing dwellinghouse and sits comfortably within this space. The proposal is small in scale being a 2 bedroom house and 1 and ½ storey in height. The small scale of the dwellinghouse allow the proposal to sit comfortably within the plot.

The proposal by reason of its design, siting, scale, massing, layout and materials is acceptable and contributes and responds to the local context and maintains the character and appearance of the surrounding area. The proposal accords with Policy DP1 and DP7 of the adopted Local Plan Part 1 (2014) and Part 12 of the National Planning Policy Framework.

Impact on Residential Amenity:

The proposal is located within the rear garden on 2 Belle Vue, adjacent to the rear garden of 1 Belle Vue. An objection has been raised that the proposal will result in a loss of privacy to 1 Belle Vue. Whilst the rear elevation faces the rear garden of 1 Belle Vue, there is a separation distance of 6.3m to the boundary. Following negotiation the applicant has flipped the layout of the dwellinghouse, moving an occupied room to the West of the proposal, away from the neighbouring property of 1 Belle Vue. This results in any potential overlooking impact being further from the dwellinghouse of 1 Belle Vue and towards the bottom portion of the rear garden. It is also noted that the rear elevation window nearest to 1 Belle Vue is to be a bathroom window and will be obscure glazed and non- opening below 1.6m. This will be secured via condition.

The remaining bedroom window to the rear is shown on the plans as being obscured, however as the window would look towards the bottom of the garden of No 1 Belle Vue, when coupled with the 6.3m separation distance, it is considered that the level of overlooking caused, whilst not acceptable, is not so harmful as to justify a condition to secure obscure glazing when this would equally cause harm to the amenity of the future occupiers.

An objection also raises that the proposal would result in a loss of light. However, due to the separation distance to the neighbouring properties and the dwellinghouse being 1 and ½ storey, the proposal will not have a harmful impact with regards to the loss of light.

Given the scale, massing and siting of the proposed development the proposal would not cause significant harm to the amenities of any occupiers or adjacent occupiers through loss of light, overbearing impact, loss of privacy, noise, smell, traffic or other disturbance. The proposal accords with Policy DP7 of the adopted Local Plan Part 1 (2014) and Part 12 of the National Planning Policy Framework.

Assessment of Highway Issues:

The proposal is for is a 2 bedroom dwellinghouse with offroad parking for 2no. vehicles. The proposal seeks to create an access and off-road parking for 2no. cars and whilst objections have been received that the proposed dwellinghouse will result in further on-road parking and a harmful impact on highway safety this parking meets the requirements of the SCC Standing Advice and is therefore deemed acceptable and the transport impact of an additional 2 bedroom dwellinghouse 84

will be minimal to the estate already serving 15 dwellinghouses and cause no harm above the existing transport impact.

A further objection has also raised the matter that the proposal seeks to create a new access that is closer to the junction with The Street. It is noted that the proposed new access could be created under permitted development. Whilst the new access is to be closer to The Street, it is still at a separation distance that would not cause any further harm or impact than the existing access.

For this reason, the means of access and parking arrangements are acceptable and maintain highway safety standards. The proposal accords with Policy DP9 and DP10 of the adopted Local Plan Part 1 (2014) and Part 9 of the National Planning Policy Framework.

Environmental Impact Assessment

This development is not considered to require an Environmental Statement under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

Equalities Act

Conclusion:

As per the above assessment, the proposal is recommended for Approval with Conditions.

Recommendation:

APPROVE

Reason/s for Recommendation

1. The proposal accords with the Council's settlement strategy for the location of new development. The proposal, by reason of its design, scale and layout would be in keeping with its surroundings. The proposal, by reason of its design, scale and layout, would safeguard the amenities of neighbouring residents and adjoining land users. The means of access and parking arrangements meet the required safety standards and will ensure the free flow of traffic on the highway.

The proposal has been tested against the following Development Plan policies. In the opinion of the Local Planning Authority, and subject to the conditions below, the proposal is acceptable:- CP1 and CP2 (Principle of Development), CP4 (Sustaining Rural Communities), DP1 (Local Identity), DP7 (Design and amenity), DP9 (transport) and DP10 (parking) of the Mendip District Local Plan 2006-2029 (Part 1 Strategies and Policies - adopted 15th December 2014) National Planning Policy Framework Planning Practice Guidance The Countywide Parking Strategy (2013)

Conditions 85

2. Plans List (Compliance) This decision relates to the following drawings: Reason: To define the terms and extent of the permission.

3. Removal of Permitted Development Rights - Obscure Glazing (Compliance) The proposed first floor bathroom window/s shall be glazed with obscure glass. The window/s shall also be non-opening unless the parts of the window/s which can be opened are more than 1.7 metres above the floor of the room in which the window/s is installed. The obscure glazing shall be permanently retained in accordance with the requirements of this condition. Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy in accordance with Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Removal of Permitted Development Rights - No extensions or alterations (Compliance) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification) no extension, external alteration or enlargement of the dwelling(s) or other buildings hereby approved shall be carried out unless a further planning permission has been granted by the Local Planning Authority. Reason: Any further extensions require detailed consideration by the Local Planning Authority in order to safeguard the character and appearance of the development and the amenities of the surrounding land uses and residents in accordance with Policies DP1, DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

5. Parking (Pre-occupation) No occupation of the development shall commence until the parking spaces in accordance with drawing number 2020/BELLEVUE/02 have been provided on-site and should be retained permanently thereafter. Reason: To ensure that adequate and safe parking is provided in the interests of amenity and highway safety in accordance with Policies DP9 and DP10 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

Informatives

2. The responsibility for ensuring compliance with the terms of this approval rests with the person(s) responsible for carrying out the development. The Local Planning Authority uses various means to monitor implementation to ensure that the scheme is built or carried out in strict accordance with the terms of the permission. Failure to adhere to the approved details will render the development unauthorised and vulnerable to enforcement action.

3. Condition Categories

Your attention is drawn to the condition/s in the above permission. The heading of each condition gives an indication of the type of condition and what is required by it. There are 4 broad categories:

Please note all conditions should be read fully as these headings are intended as a guide only.

4. Please note that your proposed work may also require Building Regulations approval, which is a separate consent process to the consideration of a planning application. The Council's Building Control team are available to provide Building Regulations advice from pre- application stage to completion of a development and can be contacted on 0300 303 7790. Further details can also be found on their website http://www.sedgemoor.gov.uk/SomersetBCP/

Agenda Item No. DM04

Case Officer Anna Clark

Site New Estate Road Cornbash Commerce Park Frome

Application Number 2020/1001/FUL

Date Received 28th May 2020

Applicant/ Mr Nick Dowdeswell Organisation Stonecutter Construction Limited

Application Type Full Application

Proposal Construction of a new estate road together with infrastructure drainage to Areas E2.

Ward Beckington And Selwood

Parish Berkley Parish Council

Recommendation Approve

Ward Cllrs. Cllr Shannon Brooke

What three words: saints.zoo.agenda

Referral to Planning board:

This application is referred to the Planning Board in accordance with the Planning Board resolution of October 2009 that those planning applications for development within Areas D, E and J of the adopted Masterplan for Commerce Park should be referred to the Planning Board.

The officer recommendation is not in conflict with the Parish Council or ward member.

Description of Site, Proposal and Constraints:

The application site is located in Commerce Park, a business park to the west of the A361 in Frome. The site falls within the development limits of Frome (but outside of the Neighbourhood Plan area) and Commerce Park is outlined as committed employment land under policy CP6 in the Local Plan. The site also falls within an SSSI Impact risk zone and a Band C of the Bat Consultation Zone for the Mells Valley Special Area of Conservation.

The application relates to the construction of a new estate road (Malthouse Lane) to serve areas E1, E2 and D2B, which are to the southern corner of the park. The road would connect to the south- west of the junction between Cornbrash Road and Imperial Way. The estate road width would be 7.3m with a 1.8m footpath. The proposal includes infrastructure drainage to Area E2.

Relevant History:

- 108277/005 - Mixed use development incorporating Class B1; Class B2; Class D1 uses and Restaurant (Class A3), Petrol filling station, Public House (Class A3), Car Showroom, Auction & Storage uses (CAT C) – Approved with Conditions January 2005.

- 108277/026 – Estate Roads Woodland Way, Imperial Way and Malthouse Lane with associate infrastructure. Approved with conditions February 2008

- 108277/032 – Reserved matters for scale, appearance and landscaping for the specific adjacent site of E2. Approved with conditions February 2008

- 108277/043 Comprehensive Reserved Matters Submission for Phase 3, Commerce Park. Approved with conditions March 2008

Summary of Ward Councillor comments, Town/Parish Council comments, representations and consultee comments:

Ward member: No response

Parish Council: No objections

Local Highway Authority (SCC Highways): No Objection

 Cornbrash is an adopted road that is un-classified and subject to 30mph speed restriction. On reviewing the recorded PIC’s (Personal Injury Collisions) there appear to be none along Cornbrash or at its junction with the A361.  Whilst there is no highway objection to the principle of the scheme the Estate road officer has reviewed the submitted documentation and their comments are provided for the applicant.  As a road for commercial use APC and S38/adoption do not apply – it will therefore remain private.

SCC Ecologist: No objection, subject to condition - The application site lies within Band C of the Bat Consultation Zone for the Mells Valley SAC which is designated for its greater horseshoe bat feature. - However, the proposed development is highly unlikely to have an effect on horseshoe bats. - A Habitats Regulations Assessment for the application is not required provided a condition to manage the potential for harming reptiles is imposed.

MDC Drainage Engineer: No Objection 1. The site is located in Flood Zone 1 and is not shown to be at risk of surface water flooding. 2. The road will increase the impermeable area and therefore the surface water runoff. The proposals for managing the surface water runoff from the road are a series of gullies on each side connecting to the surface water drain below the road. 3. It is assumed that consent for discharge of the new pipes into the existing foul and surface water sewers has been previously agreed with Wessex Water as part of the overall site drainage strategy.

Local Representations: No comments have been received as a result of public consultation.

Full details of all consultation responses can be found on the Council’s website www.mendip.gov.uk

Summary of all planning policies and legislation relevant to the proposal:

Section 38(6) of the Planning and Compulsory Purchase Act 2004 places a duty on local planning authorities to determine proposals in accordance with the development plan unless material

considerations indicate otherwise. The following development plan policies and material considerations are relevant to this application:

The Council’s Development Plan comprises:

 Mendip District Local Plan Part I: Strategy and Policies (December 2014)  Somerset Waste Core Strategy (2013)  Somerset Mineral Plan (2015)

The following policies of the Local Plan Part 1 are relevant to the determination of this application:

 CP1 – Mendip Spatial Strategy  CP3 - Business Development and Growth  CP6 - Frome Town Strategy

 DP1 - Local Identity and Distinctiveness  DP5 - Biodiversity and Ecological Networks  DP6 – Bats Protection  DP7 - Design and Amenity  DP8 - Environmental Protection  DP9 - Transport Impact of New Development  DP20 - Reuse of Employment Sites  DP23 - Managing Flood Risk

Other possible Relevant Considerations (without limitation):

 National Planning Policy Framework  National Planning Practice Guidance  The Countywide Parking Strategy (2013)  Somerset County Council Highways Development Control Standing Advice (June 2017)

Assessment of relevant issues:

Principle of the Use:

The proposed estate road and drainage infrastructure would support the development of the adjacent development plots within one of the last parts of the business park to be built out, yet covered by the original outline permission (108277/005). These plots fall within the Commerce Park committed employment site within the development limits of Frome. Accordingly the principle of development is in accordance with policies CP1, CP3 and CP6 of the adopted Local Plan Part 1 (2014).

Assessment of Highway Issues:

The scheme is to extend Cornbrash in terms of road width and footways. Cornbrash is an adopted road that is un-classified and subject to 30mph speed restriction. The Local Highway Authority (LHA) SCC Highways confirm that there are no recorded Personal Injury Collisions along Cornbrash or at its junction with the A361.

As the road is for commercial use APC and adoption (though section 38 of the highway regulations) do not apply and so the road will remain private. Whilst there are no objection to the road in principle, as confirmed by the LHA, the estate road officer has reviewed the submitted documentation and their comments have been provided to the applicant.

The new access road would tie into the existing and maintain highway safety standards. The proposal accords with Policy DP9 and DP10 of the adopted Local Plan Part 1 (2014) and part 9 of the National Planning Policy Framework.

Flood Risk and Drainage:

The site is located in Flood Zone 1 and is not shown to be at risk of surface water flooding.

The road will increase the impermeable area and therefore the surface water runoff. The proposals for managing the surface water runoff from the road are a series of gullies on each side connecting to the surface water drain below the road.

New foul and storm drainage would be provided under the proposed private access road (Malthouse Lane). These sewers will serve the adjacent proposed development plots and the access road itself. They have been sized in accordance with the Commerce Park site drainage strategy. The new drainage would connect to the existing sewers at the eastern end of the new road (Malthouse Lane), previously installed in 2009 and are now adopted by Wessex Water

It is assumed that consent for discharge of the new pipes into the existing foul and surface water sewers has been previously agreed with Wessex Water as part of the overall site drainage strategy.

The proposal is therefore considered acceptable, subject to conditions, in flood risk and drainage terms, in accordance with policies DP7, DP8 and DP23 of the adopted Local Plan Part 1 (2014).

Design of the Development and Impact on the Street Scene and Surrounding Area:

The road would be constructed in a similar design and materials to match to the rest of the roads with the business park.

Accordingly, the proposal by reason of its design, siting, scale, massing, layout and materials is acceptable and contributes and responds to the local context and maintains the character and appearance of the surrounding area. The proposal accords with Policy DP1 and DP7 of the adopted Local Plan Part 1 (2014) and Part 12 of the National Planning Policy Framework.

Impact on Amenity:

The nearest residential properties are separated from the site by a large bund with fencing on top and a distance of at least 90m. The road would have no further noise impact on residential properties than the existing employment uses on the Commerce Park site.

Accordingly, given the design, scale, massing and siting of the proposed development the proposal would not cause significant harm to the amenities of any occupiers or adjacent occupiers through loss of light, overshadowing, overbearing impact, loss of privacy, noise, smell, traffic or other disturbance. The proposal accords with Policy DP7 of the adopted Local Plan Part 1 (2014) and Part 12 of the National Planning Policy Framework.

Ecology

The application site lies within Band C of the Bat Consultation Zone for the Mells Valley SAC which is designated for its greater horseshoe bat feature. However, the proposed development is highly unlikely to have an effect on horseshoe bats and therefore it is not considered necessary to undertake a Habitats Regulations Assessment for the application. However lacking evidence to the contrary the County Ecologist cannot rule out the absence of reptile species. Therefore a condition is proposed in this regard.

The proposal is considered to adequately safeguard for ecology in accordance with DP5 of the adopted Local Plan Part 1 (2014) and Part 15 of the National Planning Policy Framework., subject to the proposed condition.

Environmental Impact Assessment

This development is not considered to require an Environmental Statement under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

Equalities Act - In arriving at this recommendation, due regard has been given to the provisions of the Equalities Act 2010, particularly the Public Sector Equality Duty and Section 149. The Equality Act 2010 requires public bodies to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out their activities. Protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race/ethnicity, religion or belief (or lack of), sex and sexual orientation.

Conclusion:

The proposal would facilitate the construction of some of the last plots of this well-established business park, for the benefit of the local economy. The new access road would tie into the existing and maintain highway safety standards. Due to the minor nature of the proposal, its continuation of the existing estate roads and its low lying nature there would no adverse impact in visual; terms nor on adjoining properties. Adequate drainage has been designed into the scheme that would connect into the existing drainage for the park.

Recommendation:

APPROVE WITH CONDITIONS

Reason/s for Recommendation

1. The proposal accords with the Council's settlement strategy for the location of new development. The proposal, by reason of its design, scale and layout would be in keeping with its surroundings and would safeguard the amenities of neighbouring residents and adjoining land users. The road and footpath would meet the required safety standards and will ensure the free flow of traffic on the highway.

The proposal has been tested against the following Development Plan policies. In the opinion of the Local Planning Authority, and subject to the conditions below, the proposal is acceptable:- CP1, CP3 and CP6 (Principle of Development), DP1 (Local Identity), DP5 (Biodiversity), DP6 (Bats), DP7 (Design and amenity), DP8 (Environmental Protection), DP9 (Transport) DP20 (Reuse of employment sites) and DP23 (Flood risk and drainage) of the Mendip District Local Plan 2006-2029 (Part 1 Strategies and Policies - adopted 15th December 2014) National Planning Policy Framework Planning Practice Guidance 92

The Countywide Parking Strategy (2013)

Conditions

2. Plans List (Compliance) This decision relates to the following drawings: 010 REV.E HORIZONTAL & VERTICAL ALIGNMENT A100 LOCATION PLAN A105 SITE PLAN Reason: To define the terms and extent of the permission.

3. Hard and Soft Landscaping (Pre-occupation) No occupation shall commence until a hard and soft landscape scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the following details: (a) size, species and positions for new trees and plants, (b) boundary treatments, (c) surfacing materials (including roadways, drives, patios and paths) and (d) any retained planting. (e) a detailed programme of implementation Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season either with the same tree/plant as has previously been approved, or with other trees or plants of a species and size that have first been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development in accordance with Policy DP1, DP3, DP4 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Methodology for protecting great crested newts (Pre-commencement) No development shall take place until a method statement to ensure great crested newts would be adequately protected from the development, as a non-licensed reasonable avoidance measure, has been submitted and approved in writing. The development shall be undertaken in accordance with any method statement approved under this condition. Reason: To prevent ecological harm in accordance with DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

Informatives

2. The Planning Authority is required to erect a Site Notice on or near the site to advertise development proposals which are submitted. Could you please ensure that any remaining Notice(s) in respect of this decision are immediately removed from the site and suitably disposed of. Your co operation in this matter is greatly appreciated.

Agenda Item No. DM05

Case Officer Mr Josh Cawsey

Site 21 Wells Road Wookey Hole Wells Somerset BA5 1DN

Application Number 2020/0879/HSE

Date Received 5th May 2020

Applicant/ Mr and Mrs Clark Organisation

Application Type Householder Application

Proposal Erection of a single and two storey extension on the side (south) elevation.

Ward St Cuthbert Out North

Parish St Cuthbert Out Parish Council

Recommendation Approve

Ward Cllrs. Cllr Mike Pullin

Referral to Ward Member/Chair and Vice Chair/Planning Board

The application is being referred to Planning Board for probity reasons as the applicant is a member of Mendip District Council staff, Mr David Clark, a Group Manager.

Description of Site, Proposal and Constraints:

The application site is 21 Wells Road, Wookey Hole, Wells, BA5 1DN. The application site is a detached two storey dwellinghouse located on the corner of Wells Road and Lime Kiln Lane. The application site is within a Bat Consultation Zone, Mineral Consultation Zone and a SSSI Impact Risk Zone.

The proposed seeks the erection of a two storey side and single storey extension. The proposal is to be created with material to match the existing house with a timber cladding to the front elevation at first floor level.

Relevant History:

There is no relevant site history.

Summary of Ward Councillor comments, Town/Parish Council comments, representations and consultee comments:

Ward Member: No response received.

St Cuthbert Out Parish Council: Recommend Approval.

Local Representations: 1no. letter of objection have been received raising the following summarised issues:

 Overbearing impact  Overshadowing caused by the extension

1no. letter of support has been received.

Full details of all consultation responses can be found on the Council’s website www.mendip.gov.uk

Summary of all planning policies and legislation relevant to the proposal:

The Council’s Development Plan comprises:

 Mendip District Local Plan Part I: Strategy and Policies (December 2014)  Somerset Waste Core Strategy (2013)

The following policies of the Local Plan Part 1 are relevant to the determination of this application:

 DP1 – Local Identity  DP7 – Design and Amenity  DP9 - Transport  DP10 - Parking

Other possible Relevant Considerations (without limitation):

 National Planning Policy Framework  National Planning Practice Guidance  The Countywide Parking Strategy (2013)

Assessment of relevant issues:

Impact on Character and appearance and the Streetscene

The proposal seeks a two storey extension above an existing single storey garage attached to the dwellinghouse. Whilst the property is the only two storey dwellinghouse within the row, the proposed extension matches that of the existing dwellinghouse in terms of design and scale. To the front elevation timber cladding is introduced which is not part of the character of the area but is not harmful either.

Therefore, the proposal by reason of its design, siting, scale, massing, layout and materials is acceptable and contributes and responds to the local context and maintains the character and appearance of the surrounding area. The proposal accords with Policy DP1 and DP7 of the adopted Local Plan Part 1 (2014) and Part 12 of the National Planning Policy Framework.

Impact on Residential Amenity:

The proposed two storey extension is located on the boundary with the neighbouring property – 23 Wells Road. The neighbouring property has 2 rooms which face the application site, in the form of an office room and storage room. The existing view from these windows look on to the existing single storey extension with limited views and an already overbearing impact. The proposal seeks to add a further storey to this garage which will result in a small increased loss of light and overbearing impact to the neighbouring property, however, due to the existing overbearing impact of the single storey extension and minimal light getting to the windows, it is not considered to cause significant harm over and above the existing situation.

Therefore, given the design, scale and siting of the proposed development the proposal would not cause significant or unacceptable harm to the amenities of any occupiers or adjacent occupiers through loss of light, overshadowing, overbearing impact, loss of privacy or other disturbance. The proposal accords with Policy DP7 of the adopted Local Plan Part 1 (2014) and Part 12 of the National Planning Policy Framework.

Assessment of Highway Issues:

The proposal seeks to change the existing garage to a storage area. Whilst this results in the loss of 1 parking space, there is ample existing parking available on site with a large driveway and parking area. There are no changes proposed to the existing site access. The means of access and parking arrangements are therefore acceptable and maintain highway safety standards. The proposal accords with Policy DP9 and DP10 of the adopted Local Plan Part 1 (2014) and Part 9 of the National Planning Policy Framework.

Environmental Impact Assessment

This development is not considered to require an Environmental Statement under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

Equalities Act

Recommendation:

APPROVE WITH CONDITIONS

Reason/s for Recommendation

1. The proposal, by reason of its design, scale and layout would be in keeping with its surroundings. The proposal, by reason of its design, scale and layout, would safeguard the amenities of neighbouring residents and adjoining land users. The means of access and parking arrangements meet the required safety standards and will ensure the free flow of traffic on the highway.

The proposal has been tested against the following Development Plan policies. In the opinion of the Local Planning Authority, and subject to the conditions below, the proposal is acceptable:-

DP1 (Local Identity), DP7 (Design and Amenity) and DP10 (parking) of the Mendip District Local Plan 2006-2029 (Part 1 Strategies and Policies - adopted 15th December 2014) National Planning Policy Framework Planning Practice Guidance The Countywide Parking Strategy (2013) The Household Extension Design Guide

Conditions

2. Plans List (Compliance) This decision relates to the following drawings: 1421-01, 1421-02, 1421-03, 1421-04, 1421-15, 1421-06, 1421-07, 1421-08 and 1421-11 validated 05.05.2020 and 1421-09A and 1421-10A received 22.06.2020. Reason: To define the terms and extent of the permission.

Informatives

3. Please note that your proposed work may also require Building Regulations approval, which is a separate consent process to the consideration of a planning application. The Council's Building Control team are available to provide Building Regulations advice from pre- application stage to completion of a development and can be contacted on 0300 303 7790. Further details can also be found on their website http://www.sedgemoor.gov.uk/SomersetBCP/