Planning Board

DATE: 20th November 2019 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.

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TABLE OF CONTENTS

Planning Board - 20th November 2019

Item Page Application Number Ward/Site Case Officer DM01 4 2019/2287/FUL Strode College And Sarah Theatre, Church Road, Tucker Street, Somerset, BA16 0AB

Street North DM02 10 2019/1381/OTS Land Off Elm Close, Ms Nikki Wells, Somerset, White

Wookey And St Cuthbert Out West DM03 34 2019/0498/REM Uppingstock Farm , Old Ms Nikki Wells Road, Glastonbury, White BA6 8EA

Glastonbury St Edmunds DM04 34 2019/0467/FUL Uppingstock Farm , Old Ms Nikki Wells Road, Glastonbury, White BA6 8EA

Glastonbury St Edmunds DM05 34 2019/0499/REM Pear Tree Farm, 26 Old Ms Nikki Wells Road, Glastonbury, White BA6 8EA

Glastonbury St Edmunds DM06 73 2019/0461/FUL Pilton Village Hall, St Sarah Marys Lane, Pilton, Tucker Shepton Mallet, Somerset, BA4 4BB

Croscombe And Pilton DM07 80 2019/1019/FUL Pilton Village Hall, St Sarah Marys Lane, Pilton, Tucker Shepton Mallet, Somerset, BA4 4BB

Croscombe And Pilton DM08 88 2018/1559/FUL Land South East Of Mr Carlton Vinney Lane , Langford Blatchbridge, Frome, BA11 5BN

Beckington And Selwood

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DM09 96 2019/1746/FUL Primavera Aromatherapy Anna Clark Ltd , Woodland Way, Frome, BA11 2FL

Beckington And Selwood DM10 101 2019/1663/HSE 83 Wells Road, Miss Glastonbury, BA6 9BY Jennifer Alvis Glastonbury St Johns

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Agenda Item No. DM01

Case Officer Sarah Tucker

Site Strode College And Theatre Church Road Street Somerset BA16 0AB

Application Number 2019/2287/FUL

Date Received 13th September 2019

Applicant/ Mr Paul Davies Organisation

Application Type Full Application

Proposal Part Change of Use of existing Strode College site to workspace hub and cafe ( Class Use B1 and A3), including siting of 8 shipping containers and re-configuration of existing car park to include additional parking spaces. (Amended Description 26.09.2019).

Ward Street North

Parish Street Parish Council

What 3 Words: tests.ferrying.easy

Referral to Ward Member/Chair and Vice Chair:

The application has been referred to the Planning Board by the Planning and Growth Group Manager.

Description of Site, Proposal and Constraints:

The site consists of a piece of land to the rear of the sports centre within the Strode College complex, just west of the existing playing fields. The area is flat, with two rows of trees, one to the east and one to the south of the existing sports centre. The all-weather pitches directly to the east of the site have the benefit of floodlighting.

The proposal seeks change of use of part of the Strode College to workspace hub and cafe (Use Classes B1 and A3) including full planning permission for the erection of 8 shipping containers; as well as reconfiguration of the existing car park to include 6 additional car parking spaces. The proposals include the siting of 7 shipping containers for B1 workspace use at the rear of the sports centre, and one shipping container situated between the existing changing block and the sports hall entrance for the A3 cafe use. The containers are proposed to be painted The parking in the vicinity is proposed to be re-configured to create 6 new spaces for the B1 workspace use, with a covered shelter for 12 cycles adjacent to the north- east corner of the existing sports hall.

The site lies within the development limits of Street. There are no historical or ecological designations on site.

There is a concurrent, outstanding application for the advertisements associated with this application: 2019/2429/ADV.

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Relevant History:

None

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

Ward Member: As portfolio holder for Economic Development I have a conflict of interest and I remove myself from the planning process on this application.

Street Parish Council: Recommend approval subject to technical team looking at traffic and parking concerns – need traffic assessment including encouraging use of public transport and discuss with other stakeholders including Theatre, School, Strode Pool and residents.

Highways Development Officer: No objection subject to provision of parking and cycle parking prior to occupation.

The Highway Authority considers that the trip generation associated with the development will be minimal and will not cause any highway safety concerns.

Drainage Officer: No objections subject to details of surface water drainage. The site is located in Flood Zone 1 and is not at risk of flooding from surface water. The existing building is served by public sewers that the new buildings can connect to for foul drainage.

Local Representations: Mendip Conservation Advisory Panel made the following comments: ‘This form of development has been tried before in Mendip and elsewhere in conservation areas and adjacent Heritage Assets and found to be wanting. Containers as buildings are not sustainable development, especially not in the setting of higher grade listed buildings such as Street parish church (grade I). Without wishing to comment on what constitutes the setting of a listed building in terms of distance to and from the Heritage Asset, it is not appropriate to specify vermilion as an external colour, as this will certainly set up adverse impacts in the rural landscape. Recommendation: Refuse or condition colour to a midtone, discreet colour, matt or semi-gloss.’

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

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

 CP1 – Mendip Spatial Strategy  CP3- Supporting Business Development and Growth  CP8- Street  DP1- Local Identity and Distinctiveness  DP7- Design and Amenity of New Development

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 DP9- Transport Impact of New Development  DP10- Parking Standards  DP23- Managing Flood Risk

Other possible Relevant Considerations (without limitation):

 National Planning Policy Framework  National Planning Practice Guidance

Assessment of relevant issues:

Principle of the Use:

Street is classed as a principal settlement in the Mendip Spatial Strategy in Policy CP1, which states that the majority of development in the district will be directed towards the five principal settlements. Policy CP3 supports economic development where they accord with the spatial strategy, and encourage a diverse, robust, thriving and resilient local economy and enhancing the image of the area as a business location. Policy CP8 states that the overarching aim is to improve self-containment of Street partly by diversifying the local economy. Furthermore, the NPPF states in para 80 that significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development.

The proposal, situated within the development limits of Street, close to bus stops and public transport routes, is considered to be a sustainable location in accordance with the Mendip Spatial Strategy. The application is delivered in partnership with Forward Space, the Council and Strode College and is intended to support local small scale enterprises and encourage links between business and education. The application states that the district requires space for small businesses early in their development and space for those looking to grow.

The proposals do not result in any loss of playing fields or open, green space.

The proposals are considered to be in accordance with national and local economic development policy, and within a sustainable location in the Mendip Spatial Strategy and as such, the principle of development is acceptable.

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

The 7 containers proposed at the rear of the Sports Centre are situated in two blocks, one of 4 containers stacked together, and one of 3 containers. Access to the upper containers is proposed via an external staircase. The containers are proposed to be painted a bright red. Low level external lighting is proposed.

The single container proposed as a cafe, is also to be painted red, close to main entrance of the Sports Centre.

The proposals will read as part of the wider Sports Centre complex, although they will be partially hidden from views to the south, east and west by the existing trees, which are proposed to be retained. Existing fencing to the sports pitches, including flood lighting, will also obscure views to the site. As such, the proposal will have an acceptable impact on the surrounding area.

Impact on the Heritage Assets

The site does not lie within the Street Conservation Area. The proposal is 252m from the Holy Trinity Church to the east, and hidden from views to the church by the existing leisure centre buildings. As such, it is not considered that the proposal would have any impact on the setting on Holy Trinity Church.

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Impact on Residential Amenity:

The nearest residential properties to the site are 225m from the site, and as such, there will be no impact on residential amenity as a result of the proposal. Given this distance to residential properties, it is not considered reasonable to control the hours of opening.

Assessment of Highway Issues:

The proposal includes 6 parking spaces, reconfigured from the existing car park, which is considered acceptable, since the site can be easily accessed by public transport. The proposals also include 12 secured covered cycle parking spaces. The proposal will not result in harmful impacts on the highway network or any highway safety concerns. A condition requiring the car and cycle parking to be provided prior to occupation is recommended.

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.

Drainage:

With regard to drainage, the proposal will connect to existing foul sewers, and surface water drainage will be dealt with via permeable paving adjacent to the containers, which is an acceptable surface water drainage solution.

Impact on Trees:

The application is supported by an arboricultural report that shows that the root protection zones of the trees will not be unduly affected by the proposal.

Conclusion:

The proposal accords with the Mendip Spatial Strategy and the principle of development is acceptable. There are no visual, highway, residential amenity or environmental issues arising as a result of the development. The proposal is recommended for approval with conditions.

Recommendation:

APPROVE WITH CONDITIONS

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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 CP3 (Principle of Development), DP1 (Local Identity), DP7 (Design and amenity), DP9 (transport), 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

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) This decision relates to the following drawings: 19/530/001, 19/530/002, 19/530/001, 19/530/021, 19/530/022, 19/530/101 D, 19/530/111, 19/530/112, 19/530/113, 19/530/115, 19/530/211, 19/530/212, 19/530/220, 19/530/501, 209124- 300 P1, 190807-SCS-TCP-L1,

Reason: To define the terms and extent of the permission.

3. Arboriculture - Compliance with Arb Method Statement (Pre-occupation) The development hereby approved shall be carried out in full accordance with the approved Arboricultural Method Statement and Tree Protection Plan. Reason: To ensure that trees which contribute to the character and appearance of the area, and are to be retained, are not adversely affected by the development proposals in accordance with Policy DP1 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Parking (Pre-occupation) No occupation of the development shall commence until the 6 car parking spaces and 12 cycle parking spaces 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).

List of Advices

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:

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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.

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.

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Agenda Item No. DM02

Case Officer Ms Nikki White

Site Land Off Elm Close Wells Somerset

Application Number 2019/1381/OTS

Date Received 5th June 2019

Applicant/ Gladman Organisation

Application Type Outline - Some Matters Reserved

Proposal Application for Outline Planning Permission with some matters reserved for erection of up to 100 dwellings with public open space with only details of access considered.

Ward Wookey And St Cuthbert Out West

Parish St Cuthbert Out Parish Council

What3words: Spellings.dozens.resonates

Referral to Ward Member/Chair and Vice Chair:

This application is referred the Development Management Board at the request of Officers.

Description of Site, Proposal and Constraints:

The application relates to land at Elm Close in Wells. The application site consists of 3 agricultural fields south of Elm Close and north of Burcott Lane on the western edge of Wells.

The application seeks outline planning permission for residential development of up to 100 units and public open space. Details of access are submitted for consideration. Details of appearance, landscaping, layout and scale are proposed to be considered at a later stage under a reserved matters application.

The application site is within the SSSI Impact Risk Zone; the sewerage treatment buffer; the drainage board consultation area; radon information zone; and 2 public rights of way (PROW) are within the site.

The site has been put forward as a housing allocation for up to 100 dwellings in the emerging Local Plan Part II.

Relevant History:

 2014/0437/OTS - Outline application (all matters reserved except access) for residential development (up to 145 dwellings), access, parking, landscaping, public open space and associated infrastructure. – Refused - 25.06.2014 – appeal withdrawn

 2015/1428/OTS - Residential development (of up to 145 units), access, parking, landscaping, public open space and associated infrastructure – Refused - 17.09.2015

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

Ward Member: Cllr Taylor-Hood: Call to Planning Board

 Parish Council has recommended refusal on the application.  There are widespread concerns and objections from residents with regards to the application.  Broadly speaking, most of the local residents have objected due to concerns about the impact the development could have on an already dangerous road (B3139), as well as on the natural environment/ biodiversity and appearance within the surrounding area.  Refer to planning Board if recommended for approval. Delegated decision is acceptable if the application is recommended for refusal.

St Cuthbert (Out) Parish Council: Objection

 Does not comply with the Local Plan  Premature in policy  Drainage concerns  No plans  Reasons for refusal of planning application 2015/1428/OTS are still valid.  Should be consulted in detail on S106.

Wells City Council: Objection

 Highway access  Landscape harm

Wookey Parish Council: Objection

 Premature in policy, housing need and infrastructure  Policy refers to future growth potential  Good supply of housing is available and more sites may be available over the coming 5 years.  Contrary to CP1 of Local Plan Part I.  Landscape harm - setting of Wells, views of the Special Landscape Feature at Ben Knowle Hill.  Insufficient infrastructure support

Lead Local Flood Authority: No objection subject to condition

 Detailed design should include high quality surface SUDS features as part of a management plan, and set aside suitable space within the whole development for these features. These should not be lost at detailed design stage.  There are great opportunities here to reduce the piped network, utilising more swales. The applicant suggests these are not appropriate due to the slope, but such features can be designed to incorporate check dams/controls which potentially allow them to be used on such sites. Smaller features such as raingardens and tree pits offer treatment for example. We welcome the use of rainwater harvesting and re-use, and permeable surfacing.  Providing the IDB position is not compromised by the current proposals, we request a standard pre- commencement sustainable drainage condition based as a minimum on the principles and features within the outline FRA and drainage scheme.

Somerset Drainage Boards Consortium: No objection subject to condition

 Drainage pre start condition required.

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 Detailed design must ensure high quality SUDS scheme in addition to other elements such as open space and landscaping.

Highways Authority: No objections subject to conditions

 Elm Close is a classified un-numbered road (B3139) that is subject to a 40mph speed restriction along the sites frontage.  Recorded PIC’s (Personal Injury Incidents) for the last five years there have been none within 500m of the proposed access however there are 2no recorded in 2014 at the Elm Close (B3139) / Portway junction (A371).  Conditions recommended on footway and pedestrian dropped crossing point; access plan; parking standards; visibility splays; construction management plan; estates road; footpaths, parking and turning areas in place; and drainage scheme.  S106 for travel plan required.

Traffic Impact:  The submitted Transport Assessment (TA), Prime Transport Planning, May2019 has been fully reviewed. The modelling review of the submitted TA found no major issues and is considered acceptable on balance.  It can therefore be concluded that the traffic impact of the proposed development is not considered severe in traffic modelling terms and therefore there is no Highway Authority objection to the planning application due to traffic impact.

Proposed Access Arrangement including footway widening along Elm Close:  The proposed access would provide visibility splays of 120m in either direction which is acceptable.  The footway along the site frontage is proposed to be widened, which should be 1.8m footway along the site frontage together with at least one dropped kerb pedestrian crossing facility to allow for pedestrian connectivity.  The applicant should note that the access and off site highway works would be subject to a Highway Authority legal agreement.

Travel Plan:  The Travel Plan should be secured via S106 agreement.

Highways Drainage:  Proposed surface water management strategy relates to both the existing public highway and the proposed estate roads serving the development. Acceptable subject to highway rights to discharge to watercourse being maintained; a gully is installed to channel run-off water; and detailed design safeguard maintenance access.

Internal Estate Road:  Details submitted as part of a subsequent reserved matters application should meet highways authority standards for adoption.

Parking:  Any future parking associated with the development should be in accordance with SCC parking strategy.

Officer Note: Confirmation of the speed limit on Elm Close is pending and Members will be updated in due course.

Wessex Water: No comments received to date

Environmental Protection: No objection

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 Whilst it is noted that the site is situated near to the water recycling centre, no objection to the application on the grounds of odour or potential fly nuisance due to the distance from the water recycling centre; existing sensitive receptors are closer; modelling shows that odour isopleth is below 5 OU and 3OU; and there is a lack of history of fly or odour complaints.  Recommend a condition requiring a construction management plan.

Ecology: No objection subject to conditions

 HRA submitted to Natural England  Overall bird assemblage was typical of an edge of settlement farmland with the wooded features during the scoping bird survey. Three species were recorded as probably breeding including two of red conservation status. A low number of slow-worms were recorded on site. Mitigation methods to prevent harm to these species could be covered within a Construction Environmental Management Plan.  Conditions recommended regarding replacement habitat; Landscape and Ecological Management Plan; lighting design for bats; retained or replacement bat roost; and provision for bee bricks and bird boxes.

Natural England: No objection subject to conditions

 The application site is located within Band C of the Bat Consultation Zone of the North Somerset and Mendip Bats Special Area of Conservation (SAC). The site lies within Band B of the maternity roost of Lesser Horseshoe bats at Glencott which is considered to support the SAC wintering population at Wookey Hole.  Ecological surveys have been carried out between 2014 and 2019 (FPCR, Ecological Appraisal dated May 2019). In May 2019, all fields were managed for a hay/silage cut but they have previously been grazed. Ten separate hedgerows on the site were identified and surveyed. These vary in height and ecological significance but at least 3 are over 2m in height and also contain mature trees. Both Greater and Lesser Horseshoe bats were recorded using hedgelines on the site for commuting and foraging. There is not enough data from the submitted surveys to be able to conclude how significant the site is as a foraging resource for either Greater or Lesser Horseshoe bats (see Appropriate Assessment). There is a Lesser Horseshoe roost on the site in the form of a dilapidated shed with a corrugated roof, in the south east corner of the westernmost field.  The proposed development would result in the loss of all three semi-improved grassland fields. While the hedgerows are proposed to be retained within the development, the effects of urbanisation, light spill and severance by roads are likely to mean that only hedges H5, H6, H7 and H8 will remain available for use by Horseshoe bats (the vast majority of insects ((over 90%)) found near hedge lines do not originate in the hedge but come from other habitats brought in on the wind, therefore loss of wider habitat significantly reduces the amount of insect prey close to the hedge where Horseshoe bats hunt).  The development proposals include the retention of the Lesser Horseshoe bat roost on site and the creation of:  enhanced habitat corridors with buffers along boundaries on the west, south and east of the application site;  two SUDs ponds and green space along the southern boundary of the site, with creation of additional habitat foraging resources for the remaining common and widespread species of bat recorded and rough / species-rich grassland to be managed / planted in suitable locations within the green space to encourage invertebrates;  woodland planting within the open space in the south of the development providing a corridor along the southern edge of the development well-connected with the widened landscape corridor on the western boundary that will serve to enhance the existing double hedgerow to provide continued connectivity with the wider local environment.  The Appropriate Assessment concludes that your authority is able to ascertain that the proposal will not result in adverse effects on the integrity of any of the Bat SAC sites in question. Having considered the assessment, and particularly the measures proposed to mitigate for all identified adverse effects

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that could potentially occur as a result of the proposal, Natural England advises that we concur with the assessment conclusions, providing that all mitigation measures set out in Section 19 of the Appropriate Assessment are appropriately secured in any permission given.

Mendip Hills AONB: No objection. Landscape consideration required.

 The Countryside and Rights of Way (CRoW) Act 2000 confirmed the significance of AONBs and Section 85 places a statutory duty on all relevant authorities to have regard to the purpose of conserving and enhancing natural beauty when discharging any function in relation to, or affecting land within an Area of Outstanding Natural Beauty. The primary purpose of the AONB designation is to conserve and enhance natural beauty. The proposed development lies outside of the Mendip Hills AONB; however, development proposals outside of the boundaries of AONBs that may have an impact within the designated area are also covered by the ‘duty of regard’. Planning Practice Guidance (PPG) confirms that ‘Land within the setting of these areas often makes an important contribution to maintaining their natural beauty, and where poorly located or designed development can do significant harm. This is especially the case where long views from or to the designated landscape are identified as important, or where the landscape character of land within and adjoining the designated area is complementary. Development within the settings of these areas will therefore need sensitive handling that takes these potential impacts into account.’ (Paragraph: 042 Reference ID: 8-042-20190721)

 The National Planning Policy Framework (NPPF) 2019 under paragraph 172 sets out that ‘Great weight should be given to conserving and enhancing landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty which have the highest status of protection in relation to these issues.’

 The Mendip Hills AONB Partnership produced the Mendip Hills AONB Management Plan 2019-2024 which under paragraph 1.4 sets out a Statement of Significance on the special qualities of the Mendip Hills AONB that create the Mendip Hills AONB sense of place and identity and these include views to and from the Mendip Hills, the dark skies, tranquillity, sense of remoteness and naturalness of the area.

 Natural England’s National Character Area (NCA) profile for the Mendip Hills (141), highlights that the area is ‘renowned for its tranquillity and inspirational qualities …’ Within the NCA Statement of Environmental Opportunity under SEO1 it sets out ‘Safeguard inward and outward views and to the distinctive hill line and conserve and enhance the special qualities, tranquillity, sense of remoteness and naturalness of the area’.

 The proposed site is outside of the Wells Development Limit. The Submission Document of the Local Plan Part II which is currently at examination, under Section 10 includes a plan Proposed Housing and Employment Allocations, Local Green Spaces and Changes to Development Limit – Wells West and the proposed site is also shown outside of the Development Limit although shown as future housing growth area. Proposed policy WL5: Development Requirements and Design Principles as relates to land off Elm Close sets out that the site is designated as a Future Growth Area for up to 100 dwellings to be developed after 2024-5. In terms of landscaping it set out that ‘The site should be designed sensitively to ensure no harm to the nearby Special Landscape Feature’ and ‘Have particular regard to site layout, building height and soft landscaping to minimise the visual impac.t of the development in this edge of town location.’

 It is unclear as to why this site is proposed to come forward in advance of allocated housing sites. The development would represent an extension of the western edge of Wells into the countryside and this is evident from a number of viewpoints shown within the Landscape and Visual Impact Appraisal. I note that the Landscape and Visual Impact Appraisal includes photography from various viewpoints, however does not include details of the photography. Viewpoints 15 and 16 within the LVA, particularly show the proposed site with views to the Mendip Hills AONB as backdrop. As highlighted

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above, views towards the Mendip Hills AONB will be an important consideration and any development within this setting will need sensitive handling that should take potential impacts into account. Views towards the Mendip Hills AONB should be protected particularly when considering the appropriate scale of the development, layout, design (including height, materials and lighting) and landscaping. The impact of any development on the protected landscape would need to be carefully considered and supported by appropriate and acceptable mitigation measures.

Housing Enabling Officer: No objection subject to S106

 The application proposes a figure of 40% affordable housing provision in line with Policy DP11 Affordable Housing of the Mendip Local Plan Part One which is satisfactory. It is noted that no proposals with regards to tenure are presented at this stage.  Having regard to sustainability and the benefits of the provision of balanced affordable housing tenure, the following affordable housing percentages are suggested for provision in any subsequent reserved matters application: 40% x 1 & 2 bed flats/apartments; 25% x 2 bed houses; 20% x 3 bed houses; and 10% x 4 bed houses  80:20 split for social rented units and shared ownership units.  The layout and design of the affordable housing provision should be well integrated with the open market units. We would welcome early discussion with regards to this.

Education, SCC: No objection subject to contribution as part of S106

100 dwellings would generate the following planning obligation requirements: • 9 Early Years 9 x 17,074=£153,666 for pre school • 32 Primary 32 x 17,074=£546,368 for primary

Arboriculture: No objection subject to conditions

• Arboricultural Assessment submitted gives a fair appraisal of the arboricultural features on site and their retention values using the British Standard (BS) 5837:2012 – Trees in relation to demolition, design and construction – recommendations. • As this is an Outline application with access, the information is sufficient to consist of a “Tree Constraints Plan / draft Tree Protection Plan” and, going forward, MDC would require “Detailed Arboricultural Method Statement, Arb Impact Assessment / final Tree Protection Plan” i.e. for reserved matters applications. • Recommended conditions: recommendations within the Arboricultural Assessment/Tree Retention Plan/Tree Protection measures; and Landscape Framework must be followed.

Somerset County Council Public Rights of Way (PROW): No objections subject to condition/obligation and informative.

• There are public rights of way (PROW) that run through the site at the present time (public footpaths WS 10/55A and WS 10/63). • Condition/ obligation to secure a pedestrian/cycle link to Campkin Road, which may require the consent of a third party if the land is not in the control of the applicant. The Council would be supportive of adopting such a link provided the proposed estate roads are formally adopted. • The southern-most section of path WS 10/63 between the requested link to Campkin Road and Burcot Road should be appropriately surfaced for cycle provision. • All of the potential improvements will need to be captured within a suitable legal agreement and secured by a condition. • The path alignment shown on the applicant’s Block Plan is not entirely accurate and may need to be revised to ensure that there is no obstruction to the PROWs. • Any proposed works must not encroach onto a PROW.

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Local Representations:

45 neighbour objections have been received, as summarised below:

 Principle – Local Plan II is not yet adopted; distance from services; outside development limit; no emerging policy to support housing on the site; loss of green agricultural land; no employment to support new residents; inadequate community services to support development; new town should be considered instead of housing allocations; delivery should be delayed to allow infrastructure investment; other sites should come forward first; no benefits to existing residents of Wells; site may be deleted from Local Plan II; comments on Local Plan II need to be taken into account  Flooding – surface water flooding of existing properties; neighbouring properties have wells; existing flooding problems locally; need to avoid flooding in cemetery; very deep basins required, structural uncertainty, high fences required for safety  Amenity – flies due to standing water on drainage basins; noise and disturbance from play park, loss of outlook; smell; noise; loss of privacy; disruption; noise and dust during construction  Landscape – harm to views; harm to tourism; harm to AONB; inadequate landscape justification; highly visible in long distance views which is harmful to the sensitive setting of Wells  Design – high quality design needed; light pollution from additional street lights; houses may be too tall  Loss of trees  Process – no notification from the Council; would like to be consulted on later processes  Highways – highways safety; highways capacity; inadequate highway assessment; parking; inadequate pathways within site and to Wells; footpaths too narrow locally; Elm Close has a 30MPH limit  Maintenance – who will maintain boundaries and hedgerows?  Ecology – ecological harm; loss of hedgerow habitats; harm to bats; harm to badgers; inadequate ecology study submitted  Conservation – harm to historic setting of Wells (i) Other – aspirations of outline, including open space and affordable housing, may be lost at reserved matters stage; utilities pipes run through application site; previous reasons for refusal remain; lots of housing development in Wells; no need for the development; threats to Wells as England’s smallest city; need broadband connectivity; poor mobile phone reception in the area; no justification for building on the green belt; occupants may not be local, may be second homes and may push prices up; light pollution; no need for affordable housing; CO2 emissions and need to address climate change emergency; house prices may drop; increased crime; cemetery should have capacity to expand; cemetery expansion may not be safeguarded; inadequate percentage of affordable housing; concerns re quality of the houses built; harm to farming industry; loss of views; parish council meeting discussed land purchase to safeguard from development; cemetery extension is not suitable, applicant should have discussed this with St Cuthbert Out PC; ; inadequate play / open space provision

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:

1. Mendip District Local Plan Part I: Strategy and Policies (December 2014) 2. Somerset Waste Core Strategy

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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  CP10 – Wells City Strategy  DP1 – Local Identity and Distinctiveness  DP2 – Open Areas of Local Significance  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):

1. National Planning Policy Framework 2. National Planning Practice Guidance 3. The Countywide Parking Strategy (2013) 4. Wells Conservation Area Appraisal (2011)

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

 Policy WL5 - Land at Elm Close

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 Wells, and therefore there would not be development plan policy support provided by Local Plan Part I policies CP1, CP2 and/or CP10.

However members will be aware that the site is allocated in the Pre-submission Local Plan Part II (including proposed changes). It is identified as Policy WL5 - Land at Elm Close for 100 dwellings, which should come forward after 2024-5. The principle that this is a sustainable location is therefore agreed as acceptable in emerging policy terms. Local Plan Part II and this site have been subject to recent examination in public. Although the examination process is ongoing and policies remain subject to the Inspector’s final report, the Inspector’s ‘Interim Note - Post Hearing Advice’ (ED20) which was published on 10th September makes no comment on Land at Elm Close or the need for Main Modifications. In addition it is noted that the Inspector has made reference to a general need for additional housing allocations within the district.

The emerging policy framework suggests that development (new housing) on the site should come forward after 2024-5. In timescale terms if the officer recommendation for approval is agreed, the process still requires the completion of a legal agreement. It is likely the land would then be sold. Before any works could

Planning Board Report 20th November 2019 Page 17 begin on site the applicant would need to secure approval for the detailed design under a reserved matters application and discharge any pre commencement conditions. It is therefore concluded that construction may take a number of years to come forward.

On this basis although there is a significant level of local objection to the proposal, it is considered reasonable to apportion weight to the emerging policy in favour of the principle of development. Although development could come forward before 2024-5, delivery timescales are considered reasonable.

In this case it is considered that there are reasonable grounds as set out above, and in accordance with Paragraph 12 of the National Planning Policy Framework (NPPF), to determine this application for approval as a departure from the adopted development plan.

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

This application is submitted in outline therefore the detailed design has not been confirmed at this stage, and would come forward at reserved matters stage. The principle of 100 houses on the site has been assessed by the Council and put forward as a housing site in the emerging Local Plan Part II document, which is considered sufficient at this outline stage.

Landscape:

The application site is located circa 1.4km from the Mendip Hills Area of Outstanding Natural Beauty (AONB) in fields on the western edge of Wells.

The site lies within Natural England’s National Character Area (NCA) profile 143 ‘Mid Somerset Hills’. Ben Knowle Hill is to the southwest of the site and is considered a Special Landscape Feature.

The site is identified in the Landscape Assessment of Mendip District (1997) as being within the Polsham Lodge Hills sub character area, where the features include steep hillocks, pasture and occasional arable, varied, irregular field patterns and scattered farmsteads.

The applicant has submitted a Landscape and Visual Impact Assessment (LVIA) that considers the effect of the proposed development on the landscape and its surroundings, including the Mendip Hills AONB and other landscape designations.

The main characteristics of the site are that it is gently undulating and sloping agricultural land, rising northwards. It has a network of strong field boundaries made up of hedgerows.

In terms of the effects of development, the applicant’s LVIA argues the site is an intermediate character area of limited distinctiveness between the Mendip Hills and it is described as having an ‘urban fringe’ character due to the urbanising influences of adjacent Wells.

It is argued that views of the site are localised as a result of the intervening built form, vegetation structure and topography.

In respect of longer distance views, including from the Mendip Hills AONB, it is said that the proposals would form only small component within the context of an urban fringe landscape adjacent to built-up areas and so would integrate without detriment to the quality of views to and from the Mendip Hills AONB.

The LVIA includes a number of viewpoints taken from the surrounding area to demonstrate the visibility of the site, including from the AONB to the north. The LVIA includes detailed analysis that grades the degree of impact and concludes there is likely to be moderate impact on the landscape once the scheme is built out, with higher levels of impact during the construction phase.

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It should also be recognised that the land to the north of the A371 has planning permission for residential development, as does the land to the north of Wookey Hole Road.

Taking all of these points together, it is considered that the proposal would have some adverse effect on the character and appearance of the landscape because of the change from rural, open greenfield land to urban development.

The extent and impact to the landscape needs to be balanced in light of the findings of the landscape assessment and the emerging Local Plan Part II policy. Overall it is considered that the landscape harm does not justify refusal in this particular case.

Impact on Residential Amenity:

It is acknowledged that the proposed development would have an impact on the current living environment of the residents of adjoining properties, most notably occupants of Elm Close, Campkin Road and Burcott Road. 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 DP7.

It is acknowledged that the residential development of the site would have some impact on the amenity of the occupiers of those properties closest to the application site in respect of changing their existing outlook and environment which they currently enjoy. However the scheme as proposed is not considered significantly harmful to neighbouring 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 be achieved acceptably in terms of dwellings’ amenities.

Overall at this outline stage it is considered that the 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 Mendip District Local Plan Part I: Strategy and Policies (December 2014) and part 12 of the NPPF.

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, it would result in hard surfaces and potential matters of surface water run-off. The application submission includes a Flood Risk Assessment and a Foul Drainage Analysis. Although the application is submitted in outline, the Local Lead Flood Authority 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 this greenfield site has potential for high quality SUDS features which would integrate to the development and contribute towards amenity for residents and biodiversity gain. Supporting documents submitted with the application show a commitment to a more comprehensive drainage approach, which is reflected in the recommended drainage condition. Any details submitted as part of a discharge of condition application and reserved matters application are required to respect this approach.

In conclusion on this matter, the application is submitted in outline with all matters, save for the means of access, reserved for subsequent approval. The applicant has demonstrated that a technical solution can be secured to deal with these matters. Therefore it is concluded that adequate drainage and infrastructure

Planning Board Report 20th November 2019 Page 19 provision can be dealt with by condition. As such the application is considered to accord with the requirements of Local Plan Policy DP23 and chapter 14 of the NPPF.

Environmental Protection:

The Wells Sewerage Treatment Works is located c.200m from the southern boundary of the site. Policy WL5 of the emerging Local Plan Part II makes it clear that any development proposals must demonstrate housing can be delivered with an acceptable relationship in terms of odour.

The applicant has submitted an odour report to support the planning application. The report considers results of the odour modelling over 5 consecutive years (2014-2018). Modelling and odour complaint history are said to demonstrate the proposed development would be in accordance with the Institute for Air Quality Management (IAQM) and EA guidance, as well as the benchmark criteria stipulated by Wessex Water. The odour report states that a small area of the site within the south east corner is shown within the lower levels of odour contour modelling, but this area is proposed for drainage ponds rather than residential. The report concludes that it is not necessary to recommend a standoff distance for the proposed development site, as residential uses are not planned in the small area of the site where the C98, 1-hour 3ouE/m3 benchmark criteria is predicted to be exceeded; and all areas of the site where residential uses are proposed are predicted to experience odour concentrations of less than the C98, 1-hour 1.5ouE/m3 odour contours in all years considered in the assessment. A condition is recommended to ensure the recommendations of the odour report are followed, and excluding development from the south west corner of the application site.

Environmental Protection officers have reviewed the technical submission documents and have not objected to the proposed development on the grounds of odour or potential fly nuisance due to the distance from the water recycling centre; existing sensitive receptors are closer; modelling shows that odour would be within acceptable levels; and a lack of history of fly or odour complaints.

A condition is recommended requiring the submission and agreement of a construction management plan which would control hours of operation, deliveries, etc.

Assessment of Highway Issues:

An important consideration is the effect on highway safety. The application includes access as a matter to consider at this stage, and this involves a new direct access off Elm Close. The applicant has submitted a Transport Assessment and a Travel Plan.

As set out in detail above, the Highway Authority has assessed the Transport Assessment and raised no major concerns. Details associated to the Travel Plan are subject to a S106 legal agreement.

The applicant has submitted a revised access plan showing a 3m wide pathway adjacent to Elm Close, exceeding the 1.8m requirements of the highway authority.

The proposed access arrangements off Elm Close are considered acceptable in highway safety terms. This includes road capacity and visibly splays. The highway authority has specified the need for widening of existing footpaths, minimum footpath widths, dropped curbs to facilitate pedestrian crossing across the access road and access road standards. The details submitted are considered acceptable, subject to conditions to secure these standards.

It is noted that detailed design of internal roads and footpaths would be subject to a legal agreement with Somerset County Council before they could be adopted as part of the highway network.

On the basis of the Highway Authority’s response, set out above, it is considered that the application is acceptable in highway safety terms.

Officer note: The speed limit for Elm Close is being checked, and will be confirmed to Members in due course.

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Footpaths, Cycle Paths and Public Rights of Way:

There are 2 Public Rights of Way (PROW) running through or on the boundary of the application site. WS 10/63 runs along the eastern side of the side in a north south direction. This PROW runs through the part of the site proposed for the cemetery extension. WS 10/55A runs along the western boundary of the site in a north south direction. There is a network of other PROW’s in proximity to the application site.

The proposed development includes retention of the existing PROW’s. The indicative plan also shows proposed new footways/cycleways running north south between the cemetery extension and the proposed housing; and in an east west direction along the southern part of the site through public open space. Although detailed layouts have yet to be submitted at this outline stage, the applicant has demonstrated capacity within the scheme to enhance permeability within the site for non-car users.

The Somerset County Council PROW team has not objected to the application; but recommended a condition for the new pathways, which would be considered for adoption by SCC if the estates roads are adopted. An informative is also recommended reminding the applicant that existing PROWs should not be blocked or damaged.

The applicant has also entered into discussions with Strawberry Line East, which is understood to be working towards increasing cycling opportunities in the city. A plan has been submitted showing a 3m shared foot path/cycle path from the proposed site access to the triangular splitter island at the junction of Elm Close and Portway. This would include land inside and outside the application site, but the applicant has agreed to include this within the legal agreement.

It is also understood that Strawberry Line East has plans to provide a cycle crossing point at the junction of Elm Close and Portway. This would link cycle ways through the application site to the north across Portway. Although detailed specifications and timescales have not yet been confirmed by Strawberry Line East, the applicant has agreed to contribute £20,000 towards these works. This is proposed to be secured as part of the S106 Agreement, which is consistent with the 3 tests set out in CIL regulation 122.

In conclusion on this matter the application is considered acceptable in relation to retention of existing PROW. Additional footways/cycleways would enhance the connectivity via more sustainable forms of transport.

Heritage:

There are no listed buildings within the immediate vicinity of the application site. Listed buildings further away would not be harmed by the development proposal to warrant refusal. During to the siting of the proposed development, it is not considered harmful to the Wells Conservation Area or the setting of Wells.

Sustainability:

Other than a commitment to meeting building regulations, the applicant has not set out any other mechanism help reduce carbon emissions. A condition is therefore recommended which requires the developer to submit and agree a Sustainability Statement demonstrating how this issue would be addressed through the development. This information is more likely to come forward closer to the detailed design and reserved matters stage.

On this basis the application is considered acceptable in this regard.

Open Space:

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

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Based on this standard and an average dwelling occupancy of 2.1 persons per dwelling, this equates to approximately 210 people living on site (2.4 persons x 220 units). This means that the required area of Open Space based on the proposed population is 0.5ha (2.4ha /1000 x 210).

The indicative layout proposes areas of open space that are directly accessible to the public for recreation, essentially consisting of green fingers through the development leading to amenity areas including a play area, public open space and 2 drainage ponds to the south of the site. This area would exceed the requirements of the adopted Local Plan policies and the provision of open space is therefore acceptable. The open space provision is proposed to be included as part of the S106 agreement.

Is it noted that the application relates to up to 100 dwellings. Although the applicant has demonstrated that open space could be provided on site as well as 100 houses, ecology space and drainage basins, if this could not be delivered in practice then the number of dwellings delivered on the site would be expected to be reduced.

In conclusion on this matter, the application has demonstrated that sufficient open space can be provided on the site to comply with policy. This is expected to include a play park (LEAP) and open space.

Education:

The Education Authority has confirmed 100 dwellings would generate planning obligation requirements of £153,666 for pre-school and £546,368 for primary. The applicant has confirmed this is agreeable. This is proposed to be secured via legal agreement.

Contributions would be secured as part of the S106 Agreement in order to tie in with SCC’s schools investment programmes locally.

As such the proposed development is acceptable in terms of education contributions in accordance with DP9 and the 3 tests set out in CIL regulation 122.

Affordable Housing:

Adopted policy DP11 sets out that an expectation that in Wells and on its fringes 40% 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. This would equate to a requirement of 40 dwellings at this site.

The applicant has accepted the need for this level of affordable housing provision and has agreed to enter into a legal agreement securing this provision.

This accords with the council’s policy and is considered acceptable at outline stage.

Ecology:

An important consideration is the impact of the proposed development on protected species, and particularly bats. This is because the site provides a foraging area for horseshoe bats in the North Somerset and Mendip Special Area of Conservation (SAC).

The Local plan Part II as examined in July 2019 considered this site as a housing allocation. The examined policy wording includes the requirement for 0.93ha of replacement habitat. The indicative masterplan shows 0.93ha of replacement habitat can be provided within the site at detailed design stage.

An Ecological Appraisal was submitted with the application which assesses various species and habitats and makes recommendations. All hedgerow would be retained, except on the front boundary to facilitate the access; and 2 gaps within the site to facilitate circulation.

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Development proposals include:  Retention or replacement of the Lesser Horseshoe bat roost on site  Creation of enhanced habitat corridors with buffers along boundaries on the west, south and east of the application site  Two SUDs ponds and green space along the southern boundary of the site, with creation of additional habitat foraging resources for the remaining common and widespread species of bat recorded and rough / species-rich grassland to be managed / planted in suitable locations within the green space to encourage invertebrates;  Woodland planting within the open space in the south of the development providing a corridor along the southern edge of the development well-connected with the widened landscape corridor on the western boundary that would serve to enhance the existing hedgerow to provide continued connectivity with the wider local environment.

The SCC Ecologist has not objected to the scheme, subject to the inclusion of various conditions including replacement habitat; Landscape and Ecological Management Plan; lighting design for bats; retained or replacement bat roost; and provision for bee bricks and bird boxes.

A Habitat Regulation Assessment (HRA) has been submitted to Natural England which concludes the proposed development is acceptable, subject to the inclusion of conditions. Natural England has agreed with the conclusions of the HRA and not objected to the scheme, subject to conditions confirming that all mitigation measures set out in Section 19 of the Appropriate Assessment are secured.

In conclusion on this matter, it is considered that the proposed development would be unlikely to have an adverse effect on the integrity of nearby protected habitat or species subject to the inclusion of conditions as recommended.

Tree and Hedgerows:

An Arboricultural 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 parts of hedgerow removed to facilitate access and circulation. The hedgerow on the northern boundary is labelled H1, and is a category B (trees of moderate quality with an estimated remaining life expectancy of at least 20 years) which would be partly removed to facilitate the access and visibility splays. Other hedgerows proposed to be partly removed include H5 on the frontage to Elm Close; and H4 and H5 within the site where gaps are proposed to facilitate vehicular circulation. These 3 hedgerows are all considered to be category C specimens (trees of low quality with an estimated remaining life expectancy of at least 10 years, or young trees with a stem diameter below 150 mm).

The submitted Arboricultural Assessment includes recommendations in terms of tree retention, including buffer zones, additional planting and root protection zones during construction.

It is considered that some loss of hedgerow is acceptable subject to the creation of replacement hedgerow and other replacement planting. The applicant would be required to demonstrate how existing trees and hedgerows would be protected as part of a reserved matters application when the detailed design has been set out. The Tree and Woodland Officer has not objected to this outline application on this basis. Accordingly a tree condition is recommended.

Other Matters:

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

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 Although there may be some disruption to existing occupants through the implementation of a permission, 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.

 The technical documents as submitted and revised are considered acceptable to determine the planning application.

 The Local Planning Authority has met its obligations in terms of notification of the planning application. Any future planning applications would be subject to legal obligations in relation to neighbour notification.

 A development of this size would be expected to include lighting, which would form part of a legal agreement for the internal estates roads to be adopted by the highway authority. However, there is scope to agree a sensitive lighting scheme which can meet highway requirements and also limit light pollution. This could consider existing and future occupants as well as bats.

 The recommended S106 agreement would include details of a management company responsible for maintenance of the development.

 The site is not within designated green belt and is therefore not subject to consideration under green belt policy.

 There is no planning reason to assume the proposed development would lead to increased crime levels.

 Aspirations of a parish council to purchase land is outside the scope of the assessment of this planning application.

 Safeguarding land for potential cemetery expansion is proposed to be included in the S106 agreement, which is considered robust.

 Although the Local Planning Authority (LPA) encourages applicants to consult with parish councils prior to the submission of planning applications, this is not a statutory requirement which the LPA can insist on.

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 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 100 residential units, including the provision of affordable

Planning Board Report 20th November 2019 Page 24 housing to respond to current policy requirements. In addition the proposed means of access to serve the development which is also proposed is considered acceptable.

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 including in relation to the landscape impacts; amenity of neighbouring residents and the locality generally; public safety of the surrounding highway network; ecological and environmental impact.

In summary it is recommended 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:

Travel Plan The provision of a new access and 3m foot path/cycle path, generally in accordance with Drawing No. P18123-001B received 04.11.2019 Affordable Housing at 40% Management and provision of public open space Management company Education contributions (£700,034) Safeguarding 1ha of land for cemetery expansion Provision of at least 0.93ha of replacement habitat Provision of at least 0.5ha of public open space and LEAP £20,000 towards Strawberry Line crossing point at the junction of Elm Close and Portway

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.

Reason/s for Recommendation

1. The proposed scheme which has been submitted as an outline application with all matters reserved except access is considered acceptable in relation to character and appearance; amenity; landscape; highway safety and parking; ecology; drainage; trees; and environmental protection. Furthermore the application scheme has been tested against the following Development Plan policies, and subject to conditions the proposal is acceptable:-

 DP1 - Local Identity and Distinctiveness  DP2 - Open Areas of Local Significance  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

Finally given the proposals respond positively to the emerging policy allocation as set out at Policy WL5 (Local Plan Part II including proposed changes), the weight in the application assessment

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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. Reserved Matters Time Limit (Compliance) Application for approval of 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.

3. Plans List (Compliance) This decision relates to the following drawings/documents:

Received 04 Jun 2019: 5730-L-03 - Location Plan AIR QUALITY ASSESSMENT ECOLOGICAL APPRAISAL FLOOD RISK ASSESSMENT FOUL SEWAGE LANDSCAPE AND VISUAL IMPACT APPRAISAL NOISE IMPACT ASSESSMENT PLANNING STATEMENT SOCIO-ECONOMIC SUSTAINABILITY SOILS AND AGRICULTURAL QUALITY REPORT TRANSPORT ASSESSMENT TRAVEL PLAN TREE SURVEY DESIGN AND ACCESS STATEMENT STATEMENT OF COMMUNITY INVOLVEMENT -

Received 06 Aug 2019: ODOUR REPORT

Received 04 November 2019: P18123-001 Proposed Access Strategy

Reason: To define the terms and extent of the permission.

4. 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

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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.

5. Construction Management Plan (Pre-commencement) No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The Statement shall provide for:

a) the parking of vehicles of site operatives and visitors; b) loading and unloading of plant and materials; c) storage of plant and materials used in constructing the development; d) wheel washing facilities; e) measures to control the emission of dust and dirt during construction; f) delivery and construction working hours.

The development shall thereafter be constructed in accordance with the approved Construction Method Statement. Reason: To ensure that safe operation of the highway and in the interests of protecting residential amenity in accordance with Policy DP7, DP8 and DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a condition precedent because any initial construction or demolition works could have a detrimental impact upon highways safety and/or residential amenity.

6. 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 / hedgerows. (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).

7. 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.

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Reason: In the interests of the appearance of the development and the surrounding area in accordance with Policy DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

8. Provision and Storage of Recycling and Waste Containers (Pre-occupation) The development hereby approved shall not be occupied until provision for the storage of recycling and waste containers has been made within the site in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. 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).

9. Surface Water Drainage (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 and maintenance for the lifetime of the development 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 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. These details shall include: -

 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.  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).  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.  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 (July 2018) 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.

10. Access (Compliance) The vehicular access hereby approved shall not be brought into use until it has been constructed in accordance with details including a 3m footway/cycleway along Elm Close, as shown on Proposed Site Access Layout Dwg No: P18123-001B received on 04.11.2019. The vehicular access and pathways shall thereafter be permanently retained in accordance with the approved plans.

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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). 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.

11. Public Right of Way (Bespoke Trigger) No development hereby approved which shall interfere with or compromise the use of footpath WS 10/55A or WS 10/63 shall take place until a path diversion order has been made and confirmed, and the diverted route made available to the satisfaction of the Local Planning Authority. Reason: To ensure the public right of way is not compromised.

12. Estate Roads (Bespoke Trigger) 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).

13. Parking Area (Bespoke Trigger) No construction above slab level shall commence until plans showing a parking area and turning areas (providing for parking spaces for each of the dwellings in accordance with SCC parking strategy), including full details of the surfacing materials, has been submitted to and approved in writing by the Local Planning Authority. No occupation of any individual dwelling shall commence until the parking area for that dwelling has been constructed in accordance with the approved details 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).

14. Visibility Splay (Pre-occupation) No occupation of the development shall commence until the visibility splay shown on drawing number P18123-001B has been provided. There shall be no on-site obstruction exceeding 300 millimetres above adjoining road level in advance of lines drawn 2.4m metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 120m either side of the access. The visibility splay shall be retained permanently thereafter. Reason: To ensure sufficient visibility is provided in the interests of highways safety in accordance with Policy DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

15. Cycle and Footpath Connections (Pre-occupation) No occupation of the development shall commence until a network of cycleway and footpath connections has been constructed within the development site in accordance with a scheme submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of sustainable development and highways safety in accordance with Policy DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

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16. External Lighting (Bespoke Trigger) No new external lighting shall be installed within the boundary of the application site unless in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority. Such details shall include the location, number, luminance, angle of illumination and type of each luminaire or light source and a lux diagram showing the light spill from the scheme. The lighting shall thereafter be installed, operated and maintained in accordance with the approved details. Reason: To avoid harm to bats and wildlife in accordance with DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

17. Sustainability Statement (Pre-commencement) No development shall take place until a Sustainability Statement has been submitted and approved by the Local Planning Authority confirming mechanisms and provision that will reduce omission levels arising from the development during the construction process and when it is occupied. The development will thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the development meets the Council's climate change objectives in accordance with policy DP7 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.

18. Highways Drainage (Pre-commencement) No work shall commence on the development site until an appropriate right of discharge for surface water has been obtained before being submitted to and approved in writing by the Local Planning Authority. A drainage scheme for the site showing details of gullies, connections, soakaways and means of attenuation on site shall be submitted to and approved in writing by the Local Planning Authority. The drainage works shall be carried out in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure sufficient drainage on the highway in accordance with Policy DP9 and 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.

19. Replacement Ecological Habitat (Pre-commencement) No work shall commence on the development site until a habitat enhancement area for bats has been provided on site which is at least 0.93ha. The replacement habitat shall be of long sward meadow, scrub and woodland, which is accessible to Greater and Lesser Horseshoe bats. The layout of and a planting schedule for the habitat creation / enhancement of this open space will be submitted to and agreed with the local planning authority prior to work commencing on site. The approved habitat enhancement area will 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 condition precedent because it is necessary to understand the scheme in detail prior to any initial construction works to safeguard species.

20. Landscape and Ecological Management Plan (LEMP) (Pre-commencement) No work shall commence on the development site 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.

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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. 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. 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 condition precedent because it is necessary to understand the scheme in detail prior to any initial construction works to safeguard protected species.

21. CEMP: Biodiversity (Pre-commencement) No development shall take place (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.

22. Retained or Replaced Bat Roost (Bespoke Trigger) The existing corrugated shed structure shall be maintained and/or replaced as a night roost for Lesser Horseshoe bats. If replaced the design for a new night roost must be submitted to and approved in writing by the local planning authority and constructed prior to the existing shed being demolished. The night roost shall be fenced off in such a way that it deters interference from members of the public. 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).

23. Implementation of Ecological Recommendations (Compliance) No occupation of the development hereby approved shall commence until the recommendations of the Ecological Assessment received 04.06.2019 have been implemented.

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Reason: To ensure that the implementation and success of the Ecological Assessment and to prevent ecological harm and to provide biodiversity gain in accordance with DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

List of Advices

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:

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 Ј116 per request (or Ј34 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. 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.

4. 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.

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.

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6. This permission is accompanied by an agreement under Section 106 of the Town and Country Planning Act 1990.

7. 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/

8. Development, insofar as it affects the rights of way should not be started, and the rights of way should be kept open for public use until the necessary Order (temporary closure/stopping up/diversion) or other authorisation has come into effect/ been granted. Failure to comply with this request may result in the developer being prosecuted if the path is built on or otherwise interfered with.

9. The applicant will 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 ensure that an advisory note is attached requesting that the developer contact the Highway Authority to progress this agreement well in advance of commencement of development.

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Agenda Item No. DM03 - APPLICATION A

Case Officer Ms Nikki White

Site Uppingstock Farm Old Wells Road Glastonbury BA6 8EA

Application Number 2019/0498/REM

Date Received 8th March 2019

Applicant/ Elan Homes Ltd Organisation Elan Homes Ltd

Application Type Reserved Matters Application

Proposal Application for approval of reserved matters following outline approval 2013/0903 for the erection of 31 dwellings and associated access. Matters of appearance, landscaping, layout and scale to be determined.

Ward Glastonbury St Edmunds

Parish Glastonbury Town Council

Agenda Item No. DM04 - APPLICATION B

Case Officer Ms Nikki White

Site Pear Tree Farm 26 Old Wells Road Glastonbury BA6 8EA

Application Number 2019/0499/REM

Date Received 8th March 2019

Applicant/ Elan Homes Ltd Organisation Elan Homes Ltd

Application Type Reserved Matters Application

Proposal Application for approval of reserved matters following outline approval 2013/1444 for the erection of 29 dwellings. Matters of access, appearance, landscaping, layout, scale to be determined.

Ward Glastonbury St Edmunds

Parish Glastonbury Town Council

Planning Board Report 20th November 2019 Page 34

Agenda Item No. DM05 - APPLICATION C

Case Officer Ms Nikki White

Site Uppingstock Farm Old Wells Road Glastonbury BA6 8EA

Application Number 2019/0467/FUL

Date Received 7th March 2019

Applicant/ n/a Organisation Elan Homes Ltd

Application Type Full Application

Proposal Installation of surface water drainage basin

Ward Glastonbury St Edmunds

Parish Glastonbury Town Council

What3words (navigation tool):

 Application A – Uppingstock Farm: Nests.manliness.lakeside

 Application B – Pear Tree Farm: Transfers.flitting.widget

 Application C – Drainage Basin: negotiators.eyepieces.amount

Referral to Ward Member/Chair and Vice Chair:

These 3 applications are due to be considered at the Development Management Board at the request of officers.

Procedural Notes:

This report considers 3 separate planning applications on adjacent sites in relation to agricultural fields on the outskirts of Glastonbury and referred to as Uppingstock Farm and Pear Tree Farm. A summary of each application is set out below. This reports assesses the application details with a detailed recommendation for each application at the end of report.

 Application A: 2019/0498/REM – Uppingstock (adjacent site) - Application for approval of reserved matters following outline approval 2013/0903 for the erection of 31 dwellings and associated access. Matters of appearance, landscaping, layout and scale to be determined.

 Application B: 2019/0499/REM - Pear Tree Farm - Application for approval of reserved matters following outline approval 2013/1444 for the erection of 29 dwellings. Matters of access, appearance, landscaping, layout, scale to be determined.

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 Application C: 2019/0467/FUL – Uppingstock Farm - Installation of surface water drainage basin to serve proposed development at Uppingstock Farm and Pear Tree Farm

A further a reserved matters application at the adjacent site Pear Tree Farm has been submitted in duplicate, as set out below. The agent has confirmed that this application will be withdrawn if the first reserved matters application (2019/0499/REM) at Pear Tree Farm is approved:

 2019/1345/REM – Duplicate of 2019/0499/REM - Pear Tree Farm (adjacent site) - Application for approval of reserved matters following outline approval 2013/1444 for the erection of 29 dwellings. Matters of access, appearance, landscaping, layout, scale to be determined.

A duplicate reserved matters application is due to be submitted at Uppingstock Farm. To date this application has not yet been received/validated. Again, the applicant has confirmed this application will be withdrawn if the current application is approved.

Since the applications were originally validated revised plans have been submitted showing minor changes. These changes include:

 Emergency vehicular access on Brindham Lane, controlled by bollards  Revised external materials to incorporate more natural stone

Due to the nature of these revisions, further public consultation has not been undertaken.

Description of Site, Proposal and Constraints:

 Application A: Uppingstock Farm (2019/0498/REM):

The application relates to land at Uppingstock Farm, Old Wells Road, Glastonbury.

The site is currently outside but adjacent to the development limit of Glastonbury. Following the approval of outline permission under application 2013/0903, emerging Local Plan Part II proposes to amend the development limit to include this site.

Following the approval of outline permission with details of access under application 2013/0903, this application seeks reserved matters approval for the details associated with the development of 31 new houses including appearance, landscaping, layout and scale.

The Uppingstock Farm site is within a Site of Special Scientific Interest (SSSI).

 Application B: Pear Tree (2019/0499/REM):

The application relates to land to Pear Tree Farm, 26 Old Wells Road, Glastonbury. This site is known under other applications as 40 Old Wells Road.

The site is currently outside but adjacent to the development limit of Glastonbury. Following the approval of outline permission under application 2013/1444, emerging Local Plan Part II proposes to amend the development limit to include this site.

Following the approval of outline permission with all matters reserved under application 2013/1444, this application seeks reserved matters approval for the details associated with the development of 29 new houses including access, appearance, landscaping, layout and scale.

The Pear Tree Farm site is within a Site of Special Scientific Interest (SSSI) and includes a Public Right of Way (PROW).

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 Application C: Drainage Basin (2019/0467/FUL):

This application relates to the installation of a surface water basin at land to the north of Brindham Lane on the edge of Glastonbury. The surface water drainage basin is submitted in support of applications for residential development at adjacent sites on Uppingstock Farm (A) and Pear Tree Farm (B).

The site is within the Axe-Brue Drainage Board zone and the north of the site is within Flood Zones 2 and 3. The application site is outside the development limits of Glastonbury.

 Public Open Space:

A further application for public open space to support the residential development was permitted under application 2013/0924. This area of open space is located immediately to the east of the Uppingstock Farm site. Delivery of the public open space has been secured by legal agreement as part of outline approvals at Uppingstock (A) and Pear Tree (B).

 Planning Obligations:

Outline permission for Uppingstock and Pear Tree includes a signed S106 agreement including:  30% affordable housing  Maintenance of 0.45ha of public open space (as approved under application 2013/0924)  £5,000 contribution towards maintenance of public open space  Management company for estate maintenance

Relevant History:

For clarification the section below sets the relevant planning history in terms of determined applications for the site areas.

 2013/0903 – Uppingstock Farm – Outline application for the re-development of farm to provide 33 dwellings; all matters reserved for subsequent approval save for the means of the access (amended access details as shown in revised drawing received 5th July 2013) – approved with conditions - 11.11.2016

 2013/1444 – Pear Tree Farm - Outline planning permission for residential development with all matters reserved for subsequent approval – approval – 03.06.2016

 2013/0924 – Uppingstock Farm – Change of use of agricultural land to public outdoor recreational open space – approved with conditions - 11.11.2016

 2018/0696/S106 – Uppingstock Farm – Application to modify the S106 planning obligation (entered into 8th November 2016) attached to outline planning permission 2013/0903 in relation to the provision of Affordable Housing (33% provision amended to 30%) – approval - 18.09.2018

 2018/0697/S106 – Pear Tree Farm (adjacent site) - Application to modify the S106 planning obligation (entered into on the 31st May 2016) attached to outline planning permission 2013/1444 in relation to the provision of Affordable Housing (35% provision amended to 30%) – approval - 29.11.2018

 2019/0468/APP - Approval of details from conditions 3 (hard and soft landscaping) and 4 (play equipment) from 2013/0924 – approved – 28.10.2019

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

Planning Board Report 20th November 2019 Page 37

Comments are summarised for brevity.

Ward Member:

 Application A: Uppingstock Farm (2019/0498/REM); Application B: Pear Tree (2019/0499/REM); and Application C: Drainage Basin (2019/0467/FUL):

Town/Parish Council:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM):

Numerous concerns were raised on the reserved matters for both Pear Tree Farm and Uppingstock Farm developments.

Access into the estate is considered to be wrongly located. The through road at this point is considered too narrow, and at the fastest point near the bottom of the hill. A revised layout plan is suggested with access off Bindham Lane.

Glastonbury Town Council are concerned that the promised play area as part of this development is not shown on the plans. They are insistent that the play area is reinstated. The allocation of affordable housing within the estate is located in one predominant area. The Planning Committee would like to see the affordable housing element of this application applied throughout the development and not clustered as currently shown.

The preferred location of the play area previously mentioned is presumably accessed through the estate. There is a concern of a dog leg road design which will make access to the site difficult from the highway. The Planning Committee would prefer to have a direct route into the area, with the removal of the proposed dogleg.

 Application C: Drainage Basin (2019/0467/FUL): Support.

The flood mitigation plans for this development with the introduction of an attenuation pond are sufficient that the Committee supported this application. A concern was expressed about exposed water (at times of flood) and suggested the planning authority should consider appropriate fencing.

Highways Authority:

 Application A: Uppingstock Farm (2019/0498/REM): No objection

This is a reserved matters application with the means of access having been dealt with at outline (2013/0903), to which the Highway Authority raised no objection.

Rationale for footway into Brindham lane should be clarified.

 Application B: Pear Tree (2019/0499/REM): No objection

Red line should connect to adopted highway.

This development proposes 29 dwellings and will be accessed from the same access as the adjacent development at Uppingstock Farm.

Highway Authority agrees with the Site Access and Marking Matrix Note in that the proposed access for both Pear Tree and Uppingstock is suitable and appropriate and that the level of on-site parking in also acceptable and in accordance with SCC parking strategy.

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The site lies next to the hospital so the documentation should discuss the likelihood of overspill parking occurring within the site and what could be done to prevent this.

 Application C: Drainage Basin (2019/0467/FUL): Standing advice applies

Estate Roads Comments:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM):

Amendments required to make the estates roads eligible for adoption by the highway authority.

If estate roads do not meet adoptable standards they would remain private and subject to various requirements.

Footway works and works near the highway must meet standards and would require relevant agreement from SCC.

Archaeology:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM): No objections Limited or no archaeological implications.

Environmental Protection:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM): No objections

Ecology:

 Application A: Uppingstock Farm (2019/0498/REM): Objection Applicant has submitted Clarkson Woods' Ecological Management Plan (EMP) in response to Condition 14 which states:

'No works shall be undertaken on-site unless an Ecological Management Plan setting out the precautionary approach to be taken to avoid and mitigate for any ecological impacts that arise through site preparation and development construction; and ecological compensation measures for the completed development has been first submitted to and approved in writing by the Local Planning Authority. The details shall be based on the recommendations contained within the Ecological Survey by Michael Woods Associates dated April 2013. The development shall thereafter be implemented and maintained in accordance with the approved plan and the mitigation measures'.

Surveys undertaken in 2018 covered both Uppingstock Farm and Pear Tree Farm site boundaries. However, as stated in the Ecological Management Plan no ecological report has been written to present the results of surveys from 2018. Bat roosts were found in Building 1 (of the survey) but the species occupying the roost and its status are not mentioned.

The report gives a number of prescriptions but does not provide confirmation of the actions being taken by the developer. Additional information is required in the report before condition 14 of outline permission can be discharged.

Sensitive lighting condition required.

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 Application B: Pear Tree (2019/0499/REM): Surveys undertaken in 2018 covered both Uppingstock Farm and Pear Tree Farm site boundaries. However, as stated in the Ecological Management Plan no ecological report has been written to present the results of surveys from 2018. I note bat roosts were found in Building 1 (of the survey) but the species occupying the roost and its status are not mentioned. Further information required.

 Application C: Drainage Basin (2019/0467/FUL): The submitted landscape plan GL0LL-301 shows that top soil would be used in the drainage ditch and around the attenuation pond. I would advise that top soil is not used in these locations as this would encourage nitrogen loving species including rank grass to the disbenefit of greater diversity of species. In place of top soil the ground should be left as sub soil and wet meadow seed mix used with marginal species planting where there is retained water. This would align with the Somerset Pollinator Action Plan. Government policy in the National Planning Policy Framework requires development to provide biodiversity enhancement. I would recommend that the plan is amended accordingly.

I note that hedgerows may be removed to enable the construction of the outfall and lacking evidence to the contrary would recommend an informative reminding the applicant of their legal responsibilities under the Wildlife and Countryside Act 1981 (as amended).

Sensitive lighting condition required.

Environment Agency:

 Application C: Drainage Basin (2019/0467/FUL): No comments received to date.

Somerset Drainage Board (IDB):

 Application A: Uppingstock Farm (2019/0498/REM): No objection

 Application B: Pear Tree (2019/0499/REM): No objection

 Application C: Drainage Basin (2019/0467/FUL):

Initial comments – Further information / clarification required

 The proposals contain engineering elements and yet there are no engineering details included. This would need to be rational for the size of the ponds, calculations and details of flow, control structures and headwalls.  The pond profile is not in accordance with best practice and the SuDs Manual C753, as presented, could be a health and safety risk.  The planting is not in accordance with best practice and not in accordance with the SuDs Manual C753. Native pond species and grass seeding should be employed to prevent erosion. Topsoil is not appropriate due to its high nutrient content and this may lead to the growth of inappropriate species.  The proposals are outside of the Board's District but discharge into it and therefore a legal consent is required from the Board for the discharge from the pond.

Subsequent comments following submission of additional information – No objection subject to condition

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Lead Local Flood Authority (LLFA):

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM): No objection subject to condition Bespoke condition required. It is understood that the drainage for the whole development is being brought forward in one phase.

IDB may recommend a specific condition around the design of the pond (cross sections etc.). Pond design could have many spin off benefits to water quality and biodiversity.

Prefer the pond integrated to the development as this would be a great amenity feature.

 Application C: Drainage Basin (2019/0467/FUL):

Initial comments – Further information / clarification required

 In regard to 2019/0467/FUL, the information submitted for planning should be updated to reflect the revised information submitted for 2019/0499/REM, 2019/0498/REM. Additionally the concerns raised by the IDB in their response dated 17/04/19 should be addressed.  We note the revised plans and further details for 2019/0499/REM, 2019/0498/REM, however have further questions:  3. Has FRA or drainage strategy report been undertaken? An FRA should be undertaken. Furthermore, a drainage strategy may be useful to explain the rationale behind the drainage scheme.  4. While we understand that the pipe run to pond is on third party land, and that the adjacent land owner requires the filed to the east for future use of the land, there still needs to be adequate access arrangements and maintenance procedures in place for this feature for the lifetime of the development. Additionally, we note there is a sewer easement on the plans which may limit use of what could be undertaken on this land. Furthermore, there appears to be an existing drain/ditch towards the north of the site, why is this unable to be utilised, or the system rerouted so a swale can be located around/inside the boundary of the site?  The consultant states in their response that a swale/ditch is proposed before the final outfall into the existing watercourse, however the plans seem to indicate a pond to pipe to swale/ditch to outfall. Why can this not be a pond to swale/ditch then outfall? Why is there a piped section?  5. Noted, we would request this in writing at detailed design.  7. We note the calculations. However, we see that some storage for catchment 2 has been provided by attenuation crates, we would expect to see a rational behind why no other methods can be used such as above ground features to provide amenity, biodiversity and water quality factors.  11. Noted, however this should also be confirmed acceptable by the Axe-Brue IDB, as this site drains into their area and they may have further requirement for surface water discharge rates.  12. Noted, however at detailed design we would request further information on the outfall arrangements for catchment 2, as this is called an "inspection chamber". We would suggest further details submitted to ensure that this is a viable connection, including; where this system discharges, who owns the asset, if the relevant permissions have been acquired and if catchment 2 drains to this system. The revised strategy suggest that the existing buildings are "likely" to drain to this system, however this should be confirmed, and if not, it should be shown that flood risk is not increased elsewhere by discharging to this system. Therefore, as previously agreed these queries can be covered via a condition for both Catchment 1 and 2, which should include the above information and a review of the receiving culvert's condition and an indication of the maintenance and management regime proposed for these and the receiving ditches.  13. We have some concerns with the exceedance routes being directed towards plot 8 and Old Wells Road. Additionally any natural flow paths from the adjacent parcels of land may flow into the pond and this should be addressed.  14. Noted, however at detailed design we would be expecting to see the phasing proposals in more details including information on the maintenance of the drainage system during construction.

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 15. Noted, please also be aware that Land Drainage Consent may be required by both ourselves (the LLFA) and the IDB due to the locality of the site.

Final comments following submission of further information: No objection subject to condition

As agreed this is the bespoke solution for this development site. It is my understanding that the drainage for the whole development is being brought forward in Phase 1, and I have secured this via the wording of the condition. I am not sure if the IDB have asked for a specific condition around the design of the pond (cross sections etc?) It would be good to have this information as the pond design could have many spin off benefits to water quality and biodiversity. It is a shame that the pond is disconnected from the development as this would be a great amenity feature.

Land Drainage:

 Application A: Uppingstock Farm (2019/0498/REM); Application B: Pear Tree (2019/0499/REM) and Application C: Drainage Basin (2019/0467/FUL):

Refer to LLFA and IDB for comments

Housing Enabling Officer:

Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM): No objections (summary of written and verbal comments)

Combined total 18 x affordable housing units consisting of 15 x Social rent and 3 x Shared ownership units.

Tenure mix and floor space sizes are appropriate, as discussed and agreed at the outline stage.

Pervious slight concern with the layout and positioning of the affordable units at Pear Tree Farm has been overcome following discussions with the affordable housing provider looking to take this site forward, who has confirmed the scheme is acceptable in terms of positioning and integration within the scheme.

Public Health Specialist, Somerset County Council (Cycling):

Proposed cycle provision is acceptable provided:  cycles can be properly secured e.g. ground anchors/hoops;  lean-tos are sized for minimum one cycle per bedroom with adequate weather protection; and  there is wheeled access to the highway without having to pass through the house.

It is essential that cycling for local journeys is a convenient option if it is to happen in reality.

Public Rights of Way, Somerset County Council:

 Application B: Pear Tree (2019/0499/REM): Objection. Grampian condition if approved.

There is a public right of way (PROW) that runs through the site (public footpath WS 15/31).

The current layout plan will obstruct the path WS 15/31 and we object on the basis that there is no obvious alternative route shown to accommodate the path. Whilst we object, if permission is granted we would expect inclusion of a Grampian-style condition.

Tree Officer:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM):

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Up-to-date Tree Report (Arb Impact Assessment / Tree Protection Plan / Arb method statement is required, which is particularly important for development activities within the Root Protection Areas of retained trees.

MDC may like to consider the submission of a “Green Infrastructure / Landscape Management Plan” that would detail how the green infrastructure (trees, hedges, SUDS, open spaces, etc.) are to be managed / protected enhanced post construction (perhaps by way of a Section 106 agreement / planning obligation).

Local Representations:

 Application A: Uppingstock Farm (2019/0498/REM):

7 neighbours have objected to the application, some on more than 1 occasion. Comments are summarised below:

 Process – lack of consultation; site meeting requested; council should not have accepted this planning application; plans not available  Principle – disagree with principle of development here; changes since outline permission issued; loss of green fields  Highways - access to the residential site; highway capacity; highway safety; insufficient parking; access route should be at Brindham Lane with a roundabout; road safety; pedestrian safety; highways assessment needed; parking restrictions needed on Old Wells Road  Character and appearance – overdevelopment; design (including heights, form and materials) does not complement the area  Amenity – noise light and air pollution; disruption and amenity impact of proposed new access including noise and light; overbearing and harmful overlooking; hedgerows should be retained for privacy  Ecology - impact on wildlife and birdlife; hedgerows should be retained for wildlife; have species been protected during demolition of barn?  Trees and Landscaping – loss of trees and hedgerows; high quality replacement planting required  Landscape and views – harm to landscape character; impact on Glastonbury Tor  Climate change impact – green field development  Drainage – attenuation pond should be within main site; if not within site pond should be on the south side of Bridham Lane; outside development area shows the development is unsustainable  Other – cumulative impact of Pear Tree and Uppingstock developments; street lighting concerns; street lighting must be sensitive; was permission granted for barn demolition?  Other (non-planning) – harm to private views

 Application B: Pear Tree (2019/0499/REM):

4 neighbours have objected to the application, some on more than 1 occasion. Comments are summarised below:

 Process – lack of consultation; site meeting requested; plans not available  Principle – disagree with principle of development here; concerns over the change of use from agricultural land to public recreational open space; changes since outline permission issued  Highways - access to the residential site; highway capacity; highway safety; insufficient parking; access route should be at Brindham Lane with a roundabout; road safety; pedestrian safety; highways assessment needed; parking restrictions needed on Old Wells Road  Amenity – noise light and air pollution; disruption and amenity impact of proposed new access including noise and light; overbearing and harmful overlooking; hedgerows should be retained for privacy

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 Ecology - impact on wildlife and birdlife  Landscape and views - impact on Glastonbury Tor  Climate change impact – green field development  Other (non-planning) – harm to private views

 Application C: Drainage Basin (2019/0467/FUL):

1 neighbour objection has been received as broadly summarised below:

 Housing development should be accessed from Brindham Lane  Noise and light pollution from housing  Concerns that the development has been designed with profit in mind instead of the impact it will have on the surrounding landscape and local community.

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

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  CP3 – Glastonbury Town Strategy  DP1 – Local Identity and Distinctiveness  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)

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Assessment of relevant issues:

Principle of the Use:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM):

Outline planning permission has been granted under application reference 2013/0903 and 2013/1444 for Uppingstock and Pear Tree respectively therefore the principle of residential development have been established at these 2 sites. These reserved matters applications are needed to gain approval of the details that were reserved at the initial outline stage.

 Application C: Drainage Basin (2019/0467/FUL):

Although the emerging Local Plan Part II proposes to revise the extent of the development limit to include Uppingstock and Pear Tree, which have both been approved at outline stage, the emerging policy does not propose to include the current application site and it therefore remains outside but adjacent to the development limits of Glastonbury.

As the proposed development is to facilitate housing development at Uppingstock and Pear Tree, both of which benefit from outline permission, the principle of a drainage basin is acceptable in this case.

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

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM):

The sites are located at the junction of Old Wells Road and Brindham Lane. On Uppingstock, the site comprises a detached farmhouse (to be retained) and a range of farm buildings mostly of a modern portal frame type construction. To the north of the application sites lies the West Mendip hospital and to the west Old Wells Road and the Watts Corner development (71 new houses first approved in 2004 under application reference 101210/004). As such, the application site is within an area of transition between the built urban form of the Glastonbury and the open farmland beyond.

The proposed development would be accessed via a new access point off Old Wells Road. Proposed houses would front Old Wells Road along the western boundary and Brindham Lane to the northern boundary.

The proposed dwellings would include a mixture of detached, semis and terraced houses as well as bungalows. 2 bungalows are proposed within the development overall, including plots 9 (Uppingstock) and 26 (Pear Tree).

In terms of external material palette, a revised material plan has been submitted during the course the application showing an increase in stone buildings on more prominent aspects of the proposed development. Proposed plans show a mix of blue lias stone, red brick and off white render walls; with grey roof tiles. There would be some variety and interest to the street-scene within the proposed development achieved through the use of a mix of materials, scale and elevation treatments. The scale of the development is also considered to be acceptable being predominantly 2 storey dwellings, which would sit acceptably in the context of the site including the Watts Corner development to the west of Old Wells Road.

More prominent views of the proposed development to the north of Old Wells Road adjacent to the vehicular entrance would be made up of more natural stone elevations, including plots 1 and 2. Proposed houses along the frontage of Brindham Lane would also include blue lias stone. The details of the materials are proposed to be controlled by condition.

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Boundary treatments would be made up of faced brickwork walling with recon stone copping and timber fencing. Boundary treatment heights would be 1800mm. In the context of the development the boundary treatments as proposed are considered acceptable.

The proposals across the sites covered by application A and B are considered a reasonable design response in terms of the design (including materials), siting, scale of the new houses and the overall layout of the estate responding positively to the local context and maintaining the character and appearance of the surrounding area. On this basis the proposal is considered to accord with policy DP1 and DP7 of the Mendip District Local Plan Part I: Strategy and Policies (December 2014) and part 12 of the NPPF.

 Application C: Drainage Basin (2019/0467/FUL):

The proposed basin would be located within a field area to south of the site, north of Brindham Lane to the housing developments as covered by applications A and B. Any surface water arising from the new estate would be piped into the Basin and then released accordingly. Water held in the attenuation pond would protect homes from water damage.

The site area is in separate ownership to the applicant and the timing/delivery of it in relation to the housing would need to be controlled through a Section 106 agreement which would also need to include arrangements for the ongoing use and maintenance of it.

The submitted application includes a modest landscape plan. In the context of this greenfield site it is considered reasonable and necessary that the attention basin include mechanisms for biodiversity gain and enhancements to local visual amenity. As such conditions are recommended on this basis.

Subject to the inclusion of the recommended conditions by the key statutory consultees and to include additional planting /wildlife enhancement to soften the visual impact and assist with its wider integration into the locality, the application for an attenuation basin is acceptable in terms of its impact on the character and appearance of the locality.

The proposal by reason of its siting and design is considered acceptable and would overall maintain the character and appearance of the surrounding area. The proposal accords with policy DP1 of the Mendip District Local Plan Part I: Strategy and Policies (December 2014) and part 12 of the NPPF.

Landscape and Views:

The application sites are not the subject of any specific landscape designations although the site areas on the outskirts of Glastonbury contribute to the wider rural character at the edge of the town. The proposed development would result in the loss of the agricultural character of the site and views now available from Old Wells Road, Brindham Lane and the public footpath that crosses the Pear Tree site would be populated with houses, streets and gardens. That being said the development would be reasonably well related to the two road frontages formed by Old Wells Road and Brindham Lane and would generally be seen in the context of the housing and hospital close by.

Impact on Residential Amenity:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM):

It is acknowledged that the residential development of the sites would have some impact on the amenity of the occupiers of those properties closest to the application site in respect of changing their existing outlook and environment which they currently enjoy. However any impact has to be viewed in the context of the already permitted, and extant outline permissions.

The proposed houses on the western border of the application sites would be set back from the road with adequate verge and garden areas. Plots 1, 2 and 60 would occupy the western side of Uppingstock. Active

Planning Board Report 20th November 2019 Page 46 frontages would face Old Wells Road and allow the proposed development to integrate to the locality. Plot 60 would be set back from the western boundary by circa 5m. The separation distance between plot 60 and Taronga, an existing house on the Watts Corner development, would be at least 18m. Although Taronga does include windows facing the proposed development, these also face the road and considering the distance, orientation and design of the proposed development this relationship is considered acceptable in planning terms.

Plots 1 and 2 would face the side elevation of 8 Watts Corner. They would be separated by gardens and planting, footpaths and the road. Separation distances from the proposed house at plot 1 to the side elevation of the garage of 8 Watts Corner would be at least 15m; and 18m from the garage of plot 1 to the side elevation of the house of 8 Watts Corner. Due to the design, orientation and separation of properties, this relationship is considered acceptable in planning terms.

There are a number of existing properties on the eastern side of Old Wells Road which would sit next to the proposed development, including Cedar Lodge, Treetops, no 42, no 40 and no 38. Although Cedar Lodge is built up to its northern border (side elevation), proposed houses to the north would be separated by boundary treatments and rear gardens. The separation distance between the side of Cedar Lodge and the rear of proposed plot 59 would be circa 10m. In this case, considering the orientation and design of development, this relationship is considered acceptable.

Plot 45 would sit to the east of Cedar Lodge and Treetops. Separation distances wold be at least 15m and 22m respectively and, due to the proposed siting of the house on plot 45, properties would not be positioned directly facing each other. It is recommended that permitted development rights for side extensions and outbuildings are removed for plot 45.

The proposed garage of plot 40 would sit 10m, 14m and 19m from Treetops, no 42 and no 40 respectively. The siting and orientation of this modest garage is considered to have an acceptable relationship with existing neighbours.

Existing no 40 Old Wells Road is set within a long narrow plot adjacent to the proposed development site. The house proposed on plot 40 on the new estate would side on to the rear elevation of no 40 Old Wells Road and would be separated by approximately 8m. In this case this relationship is considered acceptable, and permitted development rights are proposed to be removed for side extensions and outbuildings in order to maintain this relationship.

Overall, distances from houses to the west are adequate to confirm there is no significant harm to neighbour amenity.

Within the proposed development itself, due to the siting, design and overall layout it is considered that the inter relationship between future occupants and their residential amenity is acceptable. Plot distances and windows are adequately designed in this regard.

A degree of disruption would be expected during the construction of the new estate area; but outline planning permission has already been granted. A condition is recommended to require the submission and agreement of a construction management plan, which would include reasonable construction hours.

Given the design, scale, massing and siting of the proposed development the proposal would not cause significant harm to the residential amenity of existing neighbouring occupiers and would provide an acceptable level of residential amenity to future occupiers of the development. The proposal is therefore considered to accord with policy DP7 of the Mendip District Local Plan Part I: Strategy and Policies (December 2014) and part 12 of the NPPF.

 Application C: Drainage Basin (2019/0467/FUL):

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Given the overall design, scale 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 Mendip District Local Plan Part I: Strategy and Policies (December 2014) and part 12 of the NPPF.

Affordable Housing and Housing Mix:

Part 5 of the NPPF explains that local planning authorities should plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community. Local Plan Policy DP14 is considered broadly consistent with this approach. It states that proposals for residential development will be required to provide an appropriate mix of dwelling types and sizes.

The housing mix for all units proposed on the site is set out in Table 1 below:

Table 1: Housing Mix - All Houses Uppingstock Pear Tree Total

1 bed 6 4 10

2 bed 10 7 17

3 bed 5 10 15

4 bed 6 6 12

5 bed 4 2 6

The above figures include 2 x 3 bedroom bungalows.

DP11 of the adopted Local Plan requires that 30% of the total number of new homes be provided in affordable tenures. This was secured via a legal agreement at the outline stage.

A combined total of 18 x affordable housing units is proposed, consisting of 15 x Social rent and 3 x shared ownership units. The breakdown of affordable unit sizes is set out in Table 2 below:

Table 2: Affordable Housing Mix

Uppingstock Pear Tree Total

1 bed 6 4 10

2 bed 3 4 7

3 bed 1 1

The Housing Enabling Officer raises no objections to the scheme in respect of the mix and layout of the affordable units.

It is considered that the proposed development would provide a suitable mix of dwellings of an appropriate variety in size, type and tenure to accord with DP14 of the adopted Local Plan and the NPPF.

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Drainage:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM):

Application C (2019/0467/FUL) has been submitted to meet the drainage requirements of Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM).

In summary, Application C (2019/0467/FUL) has been reviewed by the drainage consultees and is considered acceptable, subject to conditions. As the implementation of Application C (2019/0467/FUL) is critical to the acceptability of Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM), a S106 legal agreement is recommended to ensure the drainage basin comes forward. The applicant has confirmed this is agreeable.

Outline permissions for Uppingstock (A) and Pear Tree (B) both include conditions requiring the submission and agreement of drainage and sewerage details. This is considered acceptable and any reserved matters permissions should not look to duplicate these conditions.

 Application C: Drainage Basin (2019/0467/FUL):

This application has been submitted to provide drainage attenuation to facilitate proposed residential development at Uppingstock Farm (A) and Pear Tree Farm (B). These sites are located to the south of this drainage basin application and both benefit from outline planning permission.

All of these associated applications have been considered by drainage consultees including the Lead Local Flood Authority (LLFA) at Somerset County Council (SCC) and the Axe Brue Internal Drainage Board (IBS). Consultees initially requested additional technical information, including calculations and rational for the drainage approach. Following the submission of this technical information consultees have confirmed the development is now satisfactory to adequately demonstrate that the proposed drainage would facilitate the requirements of the adjacent housing proposals. A pre start condition has been recommended to ensure the developer submits very detailed information before work begins on site. It is also proposed to link the implementation of this development to the implementation of the housing development at Uppingstock and Pear Tree.

As such, the application meets the drainage requirements of the NPPF and Local Plan Policy DP23 and the applicant has demonstrated that drainage for wider development at Uppingstock and Pear Tree can be adequately managed.

Assessment of Highway Issues:

 Application A: Uppingstock Farm (2019/0498/REM):

Following on from the terms of outline planning permission 2013/0903 the layout includes access from Old Wells Road which is already approved. Some neighbours have expressed significant concern with this access point, and suggested an alternative access point from Brindham Lane. This has been discussed with the applicant who has reviewed options to progress this. However, due to the topography of the land and the visibility splay requirements, the applicant has concluded that a secondary/alternative access is not deliverable. Furthermore and from a scheme assessment point of view, the Highway authority has not objected to the access off Old Wells Road, which is considered acceptable in terms of highway capacity and highway safety, including the provision of the visibility splays as shown on the submitted plans.

However during the life of the application revised plans have been submitted showing an emergency access and pedestrian access from Brindham Lane. Although this access would not result in an adequate everyday

Planning Board Report 20th November 2019 Page 49 vehicular access due to the topography of this part of the site as confirmed above, it would provide a secondary access for emergency service vehicles. The applicant proposes to include bollards, to be removed in the event of an emergency. This overall approach is considered acceptable; and a condition is recommended to agree the details of such controls.

The revised layout includes a permanent pedestrian access from Brindham Lane. This would increase permeability through the site and connect to the footpath network to the north of the site. This new element of the scheme is considered a positive.

A legal agreement between the applicant and the highway authority at Somerset County Council (SCC) would be required if the internal estates roads were to be adopted by SCC. If the internal roads are not adopted by SCC they would remain private. The details of any adoption legal agreement are outside the scope of this reserved matters planning application. The internal estates roads are considered acceptable in relation to the reserved matters applications.

The SCC Highways Engineer has reviewed the parking matrix associated with the proposed development, which includes 147 proposed spaces in total, in the context of SCC parking standards and confirmed proposed parking is acceptable. Some discussion has been had in relation to parking implications of the neighbouring hospital. Parking as proposed is considered acceptable and a requirement for further parking provision would not be considered reasonable.

Some neighbours have requested parking controls on Old Wells Road. In this case further parking restrictions outside the application site are not considered necessary and reasonable in terms of the tests for planning conditions set out in paragraph 55 of the NPPF.

The means of access and parking arrangements are acceptable and maintain highway safety standards. The proposal accords with policies DP9 and DP10 of the Mendip District Local Plan Part I: Strategy and Policies (December 2014) and part 9 of the NPPF.

 Application B: Pear Tree (2019/0499/REM):

Extant outline permission 2013/1444 permitted residential development on the site. This permission does not include access, which should be considered now at reserved matters stage.

This site is proposed to be accessed via Application A: Uppingstock Farm (2019/0498/REM) to the north, with an internal estates road leading north and joining the access road approved at Uppingstock, onto Old Wells Road.

Neighbours have expressed significant concerns in terms of the cumulative impact of the access point onto Old Wells Road serving both sites (60 houses in total).

The applicant has confirmed that options for an additional access point for Pear Tree onto Old Wells Road have not been viable; and have sought to demonstrate the proposed access point within the Uppingstock site can accommodate both developments. Following a request for further technical information to demonstrate road capacity, the Highway Engineer is satisfied there is capacity within the road network and the proposed access would be acceptable in highway safety terms to serve the cumulative requirements of both application schemes.

A grampian style condition is recommended to ensure the properties within the Pear Tree site could not be occupied until access is in place via the Application A site area.

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The Highway Engineer at SCC has also reviewed the submitted parking matrix (which proposes 147 spaces in total) and confirmed it is acceptable to support the development proposed.

 Application C: Drainage Basin (2019/0467/FUL):

The proposed drainage basin has limited impact on the highway network. Access is required for construction and maintenance.

The proposal accords with policies DP9 and DP10 of the Mendip District Local Plan Part I: Strategy and Policies (December 2014) and part 9 of the NPPF.

Cycle Storage:

SCC has set out criteria for adequate cycle storage, which is based on the SCC Parking Standards (2013). The applicant has submitted plans showing the proposed development would include adequate storage, either in garages or sheds for each plot. This approach is considered acceptable. A compliance condition is recommended to maintain this provision.

Public Right of Way (PROW):

 Application B: Pear Tree (2019/0499/REM):

Footpath WS 15/31 runs through the site and would need to be diverted to facilitate the proposed development. As the footpath could be diverted either on the edge or through the development, the application is recommended for permission subject to a condition requiring the diversion of the footpath.

Subject to the inclusion of this condition the application is considered acceptable in this regard.

Trees and Hedgerows:

 Application A: Uppingstock Farm (2019/0498/REM):

There are various trees within these application sites, as well substantial hedgerows. Plans submitted show hedgerow removed on the western boundary of the Uppingstock site area. This has been approved as part of access outline permission for Uppingstock (2013/0903).

Existing hedgerow between the 2 sites would need to be at least partly removed to allow for the internal estate road. There is no reason to assume the remaining hedgerow between the 2 sites could not be maintained.

The submitted plans for this part of the development area show hedgerow retained on the southern part of the eastern boundary as well as the southern boundary. Conditions were attached to the outline permission requiring the submission and agreement of arboricultural details as well as hard and soft landscaping details. These conditions remain outstanding, and must be discharged prior to any work beginning on site. This is considered sufficiently robust to ensure the retention of trees and hedgerows, and duplication of these conditions is not required as part of the reserved matters recommendation.

A Landscape Plan has been submitted with the application, which outlines hard landscaping proposed such as paved footpaths and tarmac roads and drives. This plan is considered broadly acceptable.

However the submitted Landscape Plan does not include details of soft landscaping. A high quality loft landscaping scheme would be required to adequately integrate the proposed development into its setting. There is also significant landscaping currently on the north east corner of the site, which contributes to the quality of the character and appearance of the street scene which is expected to be retained, or replaced. Hard and soft landscaping remains an outstanding condition on the outline permission.

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 Application B: Pear Tree (2019/0499/REM):

Outline permission for this site did not include an arboriculture condition or a hard and soft landscaping condition. The reserved matters application was not accompanied by detailed arboricultural information. In the context of the outline permission, conditions are recommended on this reserved matters application requiring the submission and agreement of an arboricultural method statement as well as soft and hard landscaping.

Existing hedgerow on the western boundary of the application site currently acts as a boundary for existing properties Cedar Lodge, Treetops, no 42, no 40 and no 38. This hedgerow is expected to be retained as part of a landscaping scheme, which would need to come forward as part of a condition discharge application.

 Application C: Drainage Basin (2019/0467/FUL):

The application has been submitted with a Tree Constraints Plan and a Tree Removal and Protection Plan. This shows trees and hedges to be protected, with appropriate root protection zones being protected through fencing during development. The principle of tree protection and root protection zones is considered acceptable; and the application is accompanied by an acceptable method statement confirming how this would be achieved. A condition is recommended to ensure the development is implemented in accordance with the method statement.

In conclusion on this matter, the applications are considered acceptable in terms of trees, hedgerows and landscaping subject to the inclusion of conditions.

Ecology:

 Application A: Uppingstock Farm (2019/0498/REM):

The outline permission (2013/0903) includes a condition (condition 14) requiring the submission and agreement of an Ecological Management Plan prior to the start of any works on site.

The applicant has submitted an Ecological Management Plan for Uppingstock and Pear Tree and sought to discharge condition 14 of Uppingstock through the reserved matters application. Condition 14 is based on an Ecology Assessment which was approved at outline stage. The applicant is required to set out ‘the precautionary approach to be taken to avoid and mitigate for any ecological impacts that arise through site preparation and development construction; and ecological compensation measures for the completed development’.

The SCC Ecologist has reviewed the submitted Ecological Management Plan and a revision submitted to try to overcome concerns; and has objected on the basis that survey data has not been submitted. Although the report is considered to put forward an acceptable precautionary approach with various recommendations including hedgerow protection, bird boxes, and lighting strategy, the SCC Ecologist is concerned that the report gives a number of prescriptions but does not provide confirmation of the actions being taken by the developer; and additional information is required in the report before condition 14 of outline permission can be discharged.

In light of this objection condition 14 cannot be discharged. As this condition would remain relevant and outstanding it is not necessary to include an additional ecology condition for the reserved matters application.

A sensitive lighting condition is recommended, which would consider impact on bats.

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Overall it is considered that acceptable ecological mitigation measures can be achieved at the site therefore the reserved matters application is acceptable, and condition 14 of the outline permission 2013/0903 remains outstanding for the applicant to address prior to any construction on site.

 Application B: Pear Tree (2019/0499/REM):

Outline permission 2013/1444 was not accompanied by ecological surveys, or an ecology condition.

The Ecological Management Plan submitted with Uppingstock (A) also covers Pear Tree (B). Again, the SCC Ecologist has objected on the basis that no ecological report has been submitted to present the results of surveys from 2018.

In the context of the outline permission the application is considered broadly acceptable, but a condition is recommended requiring the applicant to submit and agree an acceptable Ecological Management Plan prior to the commencement of any works on site.

 Application C: Drainage Basin (2019/0467/FUL):

The SCC Ecologist has not objected to this scheme, but recommended an informative reminding the applicant of their legal obligations for the protection of wildlife.

A development for an attenuation basin has potential to incorporate biodiversity gain, and indeed the proposed development would be expected to lead to biodiversity gain, particularly due to the greenfield nature of the site.

Sustainability:

The applicant has submitted a ‘Policy DP7 Compliance Statement’ to support the application which includes an Energy Statement and Crime Prevention Statement as appendices.

The report states that the applicant proposes a 10% minimum reduction of regulatory CO2 emissions across the development proposals.

The following measures are proposed:

 Adoption of a ‘fabric first’ approach to build specifications throughout  Provision of photovoltaic panels on affordable housing units (circa 21 to 25 panels on a good orientation, elevation and low risk of over-shading)  Provision of external waterproof sockets on each dwelling (to enable installation of electric car charging points as required by households in the future)  Water saving sanitaryware appliances which would result in a reduction in the total water consumption equivalent to 118.60 litres per person per day, below that of the 125 litre maximum upper limit requirement within Approved Document Part G.  Sufficient room for recycling bin storage within the development  Locally sourced building materials where possible  Footpaths to provide connectivity for pedestrians, including the public open space provided by the developer under application 2013/0924  Minimised construction waste where possible  Re use of materials where possible  Crime prevision measures (see below)

The report also notes that a Sustainable Urban Drainage System (SUDS) is proposed as part of Application C which would address surface water drainage and the protection of water quality.

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Crime prevention elements include the following:

 Access and movement: places with well-defined routes, spaces and entrances that provide for convenient movement without compromising security  Structure: places that are structured so that different uses do not cause conflict  Surveillance: places where all publicly accessible spaces are overlooked  Ownership: places that promote a sense of ownership, respect, territorial responsibility and community;  Physical protection: places that include necessary, well designed security features;  Activity: places where the level of human activity is appropriate to the location and creates a reduced risk of crime and a sense of safety at all times, and  Management and maintenance: places that are designed with management and maintenance in mind, to discourage crime in the present and the future.

A condition is recommended which would require the applicant to comply with the recommendations set out in the submitted Policy DP7 Compliance Statement.

Overall the application is considered to make a contribution towards to Council’s aspirations towards reducing CO2 emissions, and on this basis the application is considered acceptable in this regard, and in full accordance with policy DP7 of the Local Plan.

Environmental Protection:

No objections have been received from the Environmental Protection team of any of the 3 planning applications. A condition is recommended on applications A and B for the submission and agreement of a construction management plan to minimise impacts on neighbours as far as practicable.

The applications are therefore concluded to accord with policy DP8 of the Local Plan.

Archaeology:

An Archaeological Study was undertaken at the Pear Tree Farm site (Application B). Trenches were dug at various points through the site. This investigation concluded:

‘The trench evaluation has recorded the presence of a small number of generally shallow ditches dated from a small quantity of pottery and tile recovered to the late medieval and post-medieval periods. These were likely to have represented simple agricultural field drains, plot boundaries or subdivisions, which based on their date and variable alignments, represented two phases of field pattern.’

The applications have been reviewed by the Archaeological Officer and no objections were outlined, and no conditions or informatives recommended. All 3 applications are considered acceptable in this regard.

Other Matters:

Other matters raised by neighbours and not covered above are addressed below.

The council has met its statutory duty in terms of notifications of the planning applications. Relevant neighbours were notified when the outline applications were received and then again when the subsequent reserved matters and drainage applications were received, and site notices were erected to notify people of applications A and B. Although the council encourages applicants to discuss their plans and timescales with neighbours before the formal submission of planning applications, this is not a statutory requirement.

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Assessment of these applications has taken into account disabilities disclosed in relation to impacts on neighbours.

Plans for plot 60 can be found on the Council’s website as part of the Uppingstock Farm (Application A) application.

Cumulative impact of all developments has been taken into account as part of the assessment process.

Harm to private views cannot be considered in planning terms.

Condition 15 of the outline permission for Uppingstock (2013/0903) requires the demolition of specified agricultural buildings.

Legal Agreement:

A legal agreement will be required to ensure the drainage basin (Application C) is in place to support the residential development on the neighbouring sites (Applications A and B) in order to make the proposed residential development on the neighbouring sites acceptable.

Environmental Impact Assessment:

 Application A: Uppingstock Farm (2019/0498/REM); Application B: Pear Tree (2019/0499/REM); and Application C: Drainage Basin (2019/0467/FUL):

The developments (either individually and/or cumulatively) are 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 and Planning Balance:

 Application A: Uppingstock Farm (2019/0498/REM) and Application B: Pear Tree (2019/0499/REM):

Applications A and B benefit from extant outline planning permission and these reserved matters applications relate to the details of the development. The development footprint overall by these two permissions are also proposed to be included within the development limit of Glastonbury as part of the emerging Local Plan Part II process.

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 schemes offer proposals which would provide 60 residential units, including the provision of affordable housing to respond to current policy requirements. In addition the proposed means of access to serve the development is also considered acceptable.

The applications are considered acceptable including in relation to the impact on the character of the area, landscape, amenity, highways and parking, ecology, drainage, trees, environmental protection and contaminated land.

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 Application C: Drainage Basin (2019/0467/FUL):

Application C is sited outside but adjacent to the development areas as approval above, however its delivery is critical to the implementation of applications A and B, which would see the development of 60 new dwellings, including affordable housing.

The overall impact of the proposed drainage basin is considered acceptable, and includes opportunities for biodiversity gain and enhancement to the visual amenities of the locality.

The proposed application is considered acceptable in terms of drainage (subject to a legal agreement); impact on the character and appearance of the locality; residential amenity; ecology and trees.

Recommendations:

 Application A: Uppingstock Farm (2019/0498/REM): Recommendation: Delegate to permit subject to completion of a section 106 agreement in relation to the implementation of Application C (drainage basin) prior to the occupation of any dwelling

 Application B: Pear Tree (2019/0499/REM): Recommendation: Delegate to permit subject to completion of a section 106 agreement in relation to the implementation of Application C (drainage basin) prior to the occupation of any dwelling Conclusion:

 Application C (2019/0467/FUL)

Recommendation: Approval subject to conditions.

Application A Uppingstock Farm (2019/0498/REM

Reason/s for Recommendation

1. The site benefits from an extant outline planning permission under application reference 2013/0903. This application seeks permission for reserved matters relating to appearance, landscaping, layout and scale. 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 would meet the required safety standards and would 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 adequate arrangements for the protection of biodiversity.

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 and Distinctiveness  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

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 DP10 - Parking Standards  DP11 - Affordable Housing  DP14 - Housing Mix and Type  DP16 -Open Space and Green Infrastructure  DP19 - Development Contributions  DP23 - Managing Flood Risk

Conditions

1. Plans List (Compliance)

This decision relates to the following documents/drawings:

GL-LP-002C LOCATION PLAN - UPPINGSTOCK FARM - 07.03.2019 GL-EF-001 REV H - EXTERNAL FINISHES LAYOUT - 25.09.2019 GL-EF-101 REV G - EXTERNAL FINISHES LAYOUT - 25.09.2019 GL-PL-001 REV M - PLANNING LAYOUT - 25.09.2019 GL-PL-101 REV H - PLANNING LAYOUT - 25.09.2019 GL-SS-001 REV F - STREET SCENES - 25.09.2019 GL-SS-002 REV D - STREET SCENES - 25.09.2019 EXTERNAL FINISHES SCHEDULE Rev B - 05.11.2019 GL-G-01A - 1800MM HIGH CLOSE BOARDED FENCE - 07.03.2019 GL-G-02A 1350 HIGH POST AND 3 RAIL, WITH SHEEP WIRE STOCK PROOF FENCING GL-G-01A - RETAINING WALL TO ENGINEERS DETAILS WITH 1200MM HIGH METAL RAILINGS - 07.03.2019 GL-G-03A - TYPICAL GARDEN GATES - 07.03.2019 DP7 Compliance Statement - 23.10.2019 GL-LL-101-G - Landscape Layout - 23.10.2019

Drainage: 162740/SK008B - ATTENUATION BASIN SECTIONS - 11.09.19 DRAINAGE STRATEGY STATEMENT REV B - 30.09.2019 162740-PDL-001 G - PRELIMINARY DRAINAGE LAYOUT - 25.09.2019 GL-CPL-001 REV E - CAR PARKING LAYOUT - 25.09.2019

Trees: TCP-ELH-201901-IMT - TREE CONSTRAINTS PLAN 04 - 07.03.2019 TRP-ELH-201901-IMT - TREE REMOVAL AND PROTECTION PLAN - 07.03.2019 TREE SURVEY, ARBORICULTURAL IMPACT ASSESSMENT AND METHOD STATEMENT - 28.10.2019

Highways: 162740-PHL-001 D - PRELIMINARYHIGHWAY & LEVELS LAYOUT - 25.09.2019 Site Access and Parking Matrix Note-190621 V 3 ISSUE with appendices - 16.07.2019

Ecology: REVISED ECOLOGICAL MANAGEMENT PLAN - 10.07.2019

Housetypes: UP-G-P/MEL-02.2A - PLANNING DRAWING - MELLOR TYPE 2 - plots 1, 2 - 12.03.19 UP-G-P/MEL-02.1A - PLANNING DRAWING - MELLOR TYPE 1 - plots 11, 12 - 12.03.2019 UP-G-P/HRT-01C - PLANNING DRAWING - HARTLAND - plots 13, 14, 47, 48, 51, 52 - 12.03.2019 UP-G-P/RUSS-01 REV B - RUSSETT - plots 3, 10 - 25.09.2019 UP-G-P/HAY-01.2C - PLANNING DRAWING - THE HAYFIELD - TYPE 2 - plots 49, 50 - 12.03.2019 UP-G-P/HAY-01.1C - PLANNING DRAWING - THE HAYFIELD - TYPE 1 - plot 15 -

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UP-G-P/GLO-01.2A - PLANNING DRAWING - THE GLOSSOP - TYPE 2 - plot 16 - 12.03.19 UP-G-P/GAR-04 REV D - NON-STANDARD GARAGES - 25.09.2019 FENWICK TYPE 1 - UP-G-P/FEN-01 REV D - plots 58, 59 - 25.09.2019 UP-G-P/FAI-01.1 REV B- FAIRFORD - plot 60 - 25.09.2019 UP-G-P/DRA-01 REV B - DRAYCOTT - plot 9 - 25.09.2019 UP-G-P/BUN-01.1 REV B- BUNBURY SPECIAL - plot 4 - 25.09.2019 UP-G-P/BER-01.1 REV B - BERKSHIRE TYPE 2 - plot 17 - 25.09.2019 UP-G-P/BEL-01.1 REV C - BELVOIR SPECIAL - plot 5, 7 - 25.09.2019 UP-G-P/BEE-01.1A - PLANNING DRAWING - BEESTON TYPE 1 - plots 54, 55 - 12.03.2019 UP-G-P/BEE-01.2A - PLANNING DRAWING - BEESTON TYPE 2 - plots 53, 56, 57 - 12.03.2019 UP- G-P/WOO-01.3 REV C - WOODHALL SPECIAL - plots 6, 8 - 25.09.2019

Reason: To define the terms and extent of the permission.

2. Materials (Compliance) The development hereby approved shall be carried out using external facing materials as specified on GL-EF-001 REV H - EXTERNAL FINISHES LAYOUT received 25.09.2019. Reason: In the interests of the appearance of the development and the surrounding area in accordance with Policy DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

3. 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 DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Bicycle Storage (Compliance) No occupation of any individual dwelling shall commence until storage for bicycles in line with Somerset County Council's Countywide Parking Strategy (2013) has been provided for that dwelling. The bicycle storage shall be retained permanently thereafter. Reason: To ensure sufficient bicycle storage in accordance with Policy DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

5. Construction Management Plan (Pre-commencement) No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The Statement shall provide for:

a) the parking of vehicles of site operatives and visitors; b) loading and unloading of plant and materials; c) storage of plant and materials used in constructing the development; d) wheel washing facilities; e) measures to control the emission of dust and dirt during construction; f) delivery and construction working hours. The development shall thereafter be constructed in accordance with the approved Construction Method Statement.

Reason: To ensure that safe operation of the highway and in the interests of protecting residential amenity in accordance with Policy DP7, DP8 and DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a condition precedent because any initial construction or demolition works could have a detrimental impact upon highways safety and/or residential amenity.

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6. External Lighting (Bespoke Trigger) No new external lighting shall be installed within the boundary of the application site unless in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority. Such details shall include the location, number, luminance, angle of illumination and type of each luminaire or light source and a lux diagram showing the light spill from the scheme. The lighting shall thereafter be installed, operated and maintained operated in accordance with the approved details. Reason: To avoid harm to bats and wildlife in accordance with DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

7. Carbon Reduction Strategy (Compliance) The development hereby approved shall be carried out in full accordance with DP7 Compliance Statement received 23.10.2019 Reason: In accordance with Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

8. Access, Parking and Turning Areas (Pre-occupation) No occupation of any individual dwelling shall commence until the access, parking and turning areas for that dwelling have been constructed in accordance with details shown on the approved plans. The vehicular access, parking and turning shall thereafter be kept clear of obstruction and shall not be used other than for the access and parking of vehicles in connection with the development hereby permitted. Reason: To ensure that suitable access, parking and turning areas are provided and thereafter retained 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).

9. 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 on plots 60, 59, 58 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 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).

10. Removal of Permitted Development Rights - No outbuildings (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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved at plots 60, 59, 58 other than those granted by this permission, unless a further planning permission has been granted by the Local Planning Authority. Reason: The introduction of further curtilage buildings requires detailed consideration by the Local Planning Authority to safeguard the appearance of the development and the amenities of the surrounding area and residents in accordance with Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

11. Emergency Escape Only (Pre Occupation) The emergency vehicular means of escape shown on the drawing number GL-PL-001 REV M - PLANNING LAYOUT received 25.09.2019 shall be used as a pedestrian access and an emergency means of escape for vehicles only. The development hereby permitted shall not be occupied until a scheme for the access has been submitted to and approved in writing by the local planning authority

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Reason: 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).

12. Provision and Storage of Recycling and Waste Containers (Pre-occupation) The development hereby approved shall not be occupied until provision for the storage of recycling and waste containers has been made within the site in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. 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).

List of Advices

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:

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.

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. 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.

4. 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.

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5. This permission is accompanied by an agreement under Section 106 of the Town and Country Planning Act 1990.

6. No removal of buildings, structures, trees or shrubs shall take place between 1st March and 31st August unless an experienced ecologist has checked the Site for breeding/nesting birds. If there is evidence of breeding birds the work must be delayed until the chicks have fledged or suitable working distances observed so as not to disturb the birds.

7. 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/

Application B: Pear Tree (2019/0499/REM)

Reason/s for Recommendation

1. The site benefits from an extant outline planning permission under application reference 2013/1444. This application seeks permission for reserved matters relating to access, appearance, landscaping, layout and scale. 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 would meet the required safety standards and would 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 adequate arrangements for the protection of biodiversity.

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 and Distinctiveness  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

Conditions

1. Plans List (Compliance)

This decision relates to the following documents/drawings:

GL-G-01A - 1800MM HIGH CLOSE BOARDED FENCE - 07.03.2019

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GL-G-02A - 1350 HIGH POST & 3 RAIL, WITH SHEEP WIRE STOCK PROOF FENCING - 07.03.2019 GL-G-03A - TYPICAL GARDEN GATES - 07.03.2019 GL-PL-003 Rev C - LOCATION PLAN - PEAR TREE FARM - 07.03.2019 RETAINING WALL GL-G-01A - RETAINING WALL TO ENGINEERS DETAILS WITH 1200MM HIGH METAL RAILINGS - 07.03.2019 ARCHAEOLOGICAL TRENCH EVALUATION - 07.03.2019 POLICY DP7 COMPLIANCE STATEMENT - 23.10.2019 GL-EF-001 REV H - EXTERNAL FINISHES LAYOUT - 25.09.2019 GL-LL-001-J - LANDSCAPING LAYOUT - 23.10.2019 GL-PL-001 REV M - PLANNING LAYOUT - 25.09.2019 GL-PL-201 REV G - PLANNING LAYOUT - 25.09.2019 GL-SS-001 REV F - STREET SCENES - 25.09.2019 GL-SS-002 REV D - STREET SCENES - 25.09.2019 GL-SS-003 REV B - STREET SCENES - 25.09.2019 EXTERNAL FINISHES SCHEDULE REV B - 30.11.2019

Drainage: DRAINAGE STRATEGY STATEMENT REV B - 30.09.2019 062740/SK008 Rev B - ATTENUATION BASIN SECTIONS - 11.09.2019 FLOOD REPORT STORM SEWER DESIGN - 07.03.2019 162740-PDL-002 E - PRELIMINARY DRAINAGE LAYOUT - 25.09.2019

Highways: GL-CPL-001 REV E - CAR PARKING LAYOUT - 25.09.2019 162740-PHL-002 C - PRELIMINARY HIGHWAY & LEVELS LAYOUT - 25.09.2019 Site Access and Parking Matrix Note-190621 V 3 ISSUE with appendices - 16.07.2019

Housetypes: PT-G-P/GAR-04 - NON-STANDARD SIZE GARAGES - 14.03.2019 PT-G-P/RUSS-01 REV B - RUSSETT - plots 23, 24, 25 - 25.09.2019 PT-G-P/MEL-02.1A - MELLOR TYPE 1 ELEVATIONS - plots 18, 45 - 14.03.19 PT-G-P/MEL-01D - MELLOR FLOOR PLANS - PLOTS 18, 45 - 14.03.19 PT-G-P/HRT-01C - HARTLAND - plots 27, 28, 33, 34 - 14.03.2019 PT-G-P/HAY-01.2C - THE HAYFIELD - TYPE 2 - plots 29, 32 - 14.03.2019 PT-G-P/HAY-01.1C - THE HAYFIELD - TYPE 1 - plots 30 - 14.03.2019 PT-G-P/GLO-01.1A - THE GLOSSOP - TYPE 1 - plot 31 - 14.09.2019 PT-G-P/FEN-01. 1 REV B - FENWICK TYPE 2 - plots 19, 20, 35 - 25.09.2019 PT-G-P/FEN-01 REV D - FENWICK TYPE 1 - plots 36, 38, 41, 43 - 25.09.2019 PT-G-P/DRA-01 REV B - DRAYCOTT - plot 26 - 25.09.2019 PT-G-P/BER-01 .1 REV B - BERKSHIRE TYPE 1 - plot 46 - 25.09.2019 PT-G-P/BER-01 .1 REV B - BERKSHIRE TYPE 2 - plot 44 - 25.09.2019 PT-G-P/BER-01A - BROUGHTON - plots 21, 22, 39, 40 - 14.03.2019 PT-G-P/BEE-01.1A - BEESTON TYPE 1 - plots 37, 42 - 14.03.2019

Reason: To define the terms and extent of the permission.

2. Materials (Compliance) The development hereby approved shall be carried out using external facing materials as specified on GL-EF-001 REV H - EXTERNAL FINISHES LAYOUT received 25.09.2019. Reason: In the interests of the appearance of the development and the surrounding area in accordance with Policy DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

3. Sample Panel - Walling (Bespoke Trigger)

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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 DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Construction Management Plan (Pre-commencement) No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The Statement shall provide for:

a) the parking of vehicles of site operatives and visitors; b) loading and unloading of plant and materials; c) storage of plant and materials used in constructing the development; d) wheel washing facilities; e) measures to control the emission of dust and dirt during construction; f) delivery and construction working hours. The development shall thereafter be constructed in accordance with the approved Construction Method Statement.

Reason: To ensure that safe operation of the highway and in the interests of protecting residential amenity in accordance with Policy DP7, DP8 and DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a condition precedent because any initial construction or demolition works could have a detrimental impact upon highways safety and/or residential amenity.

5. Bicycle Storage (Compliance) No occupation of any individual dwelling shall commence until storage for bicycles in line with Somerset County Council's Countywide Parking Strategy (2013) has been provided for that dwelling. The bicycle storage shall be retained permanently thereafter. Reason: To ensure sufficient bicycle storage in accordance with Policy DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

6. Public Right of Way (Bespoke Trigger) No development hereby approved which shall interfere with or compromise the use of footpath WS 15/31 shall take place until a path diversion order has been made and confirmed, and the diverted route made available to the satisfaction of the Local Planning Authority. Reason: To ensure the public right of way is not compromised.

7. Estate Roads (Bespoke Trigger) 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).

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8. Access, Parking and Turning Areas (Pre-occupation) No occupation of any individual dwelling shall commence until the access from Old Wells Road, parking and turning areas for that dwelling have been constructed in accordance with details shown on the approved plans. The vehicular access, parking and turning shall thereafter be kept clear of obstruction and shall not be used other than for the access and parking of vehicles in connection with the development hereby permitted. Reason: To ensure that suitable access, parking and turning areas are provided and thereafter retained 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).

9. 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).

10. Arboricultural Method Statement and Tree Protection Plan (Pre-commencement) No development shall commence, other than those required by this condition, until a Detailed Arboricultural Method Statement following the recommendations contained within BS5837:2012 has been submitted to and approved in writing by the Local Planning Authority. The Detailed Arboricultural Method Statement shall contain full details of the following:

(a) Timing and phasing of arboricultural works in relation to the approved development; (b) Construction exclusion zones; (c) Protective barrier fencing; (d) Ground protection; (e) Details of any works within the RPA (Root Protection Area) and the proposed arboricultural supervision; (f) Service positions; and, (g) details of any special engineering requirements, including 'no dig construction';

The development shall thereafter be carried out in strict accordance with the approved details. Reason: To ensure that trees to be retained are not adversely affected by the development proposals in accordance with Policy DP1 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014). This is a pre-commencement condition because the works comprising the development have the potential to harm retained trees and therefore these details need to be agreed before work commences.

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11. External Lighting (Bespoke Trigger) No new external lighting shall be installed within the boundary of the application site unless in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority. Such details shall include the location, number, luminance, angle of illumination and type of each luminaire or light source and a lux diagram showing the light spill from the scheme. The lighting shall thereafter be installed, operated and maintained operated in accordance with the approved details. Reason: To avoid harm to bats and wildlife in accordance with DP5 and DP6 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

12. Provision and Storage of Recycling and Waste Containers (Pre-occupation) The development hereby approved shall not be occupied until provision for the storage of recycling and waste containers has been made within the site in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. 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).

13. Carbon Reduction Strategy (Pre-occupation) The development hereby approved shall be carried out in full accordance with DP7 Compliance Statement received 23.10.2019 Reason: In accordance with Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

14. Wildlife Protection and Enhancement (Pre-commencement) No development shall take place until full details of a Wildlife Protection and Enhancement Scheme have been submitted to and approved in writing by the local planning authority. These details shall include: a) Risk assessment of potentially damaging construction activities. b) 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). c) The location and timing of sensitive works to avoid harm to biodiversity features. d) The times during construction when specialist ecologists need to be present on site to oversee works. e) Responsible persons and lines of communication. f) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. g) Times when reports to the local planning authority by the ecological clerk of works will be submitted setting out details of actions taken and any findings. h) Use of protective fences, exclusion barriers and warning signs. i) Measures and methods which would result in biodiversity gain

All works within the scheme shall be carried out in accordance with the approved details prior to the occupation of the development. Reason: To prevent ecological harm and to provide biodiversity gain in accordance with DP5 and DP6 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.

15. Removal of Permitted Development Rights - No Windows (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 windows, roof lights or openings, other than those shown on the plans hereby approved, shall be formed in the west elevations/roofslopes of plots 33, 34, 39, 40, 45 at any time unless a further planning permission has been granted.

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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).

16. Removal of Permitted Development Rights - Obscure Glazing (Compliance) The proposed west side elevation of plots 39, 40, 45 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 window/s 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).

17. 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 on plots 45, 40, 39 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 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).

18. Removal of Permitted Development Rights - No outbuildings (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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved at plots 45, 40, 39, 33, 34 other than those granted by this permission, unless a further planning permission has been granted by the Local Planning Authority. Reason: The introduction of further curtilage buildings requires detailed consideration by the Local Planning Authority to safeguard the appearance of the development and the amenities of the surrounding area and residents in accordance with Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

List of Advices

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:

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.

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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. 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.

4. 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.

5. This permission is accompanied by an agreement under Section 106 of the Town and Country Planning Act 1990.

6. No removal of buildings, structures, trees or shrubs shall take place between 1st March and 31st August unless an experienced ecologist has checked the Site for breeding/nesting birds. If there is evidence of breeding birds the work must be delayed until the chicks have fledged or suitable working distances observed so as not to disturb the birds.

7. 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/

8. Development, insofar as it affects a right of way should not be started, and the right of way should be kept open for public use until the necessary (diversion/stopping up) Order has come into effect. Failure to comply with this request may result in the developer being prosecuted if the path is built on or otherwise interfered with.

Application C (2019/0467/FUL)

Reason/s for Recommendation

1. The proposed attenuation basin would facilitate residential development at neighbouring sites at Uppingstock Farm and Pear Tree Farm and is considered acceptable in this case. Uppingstock Farm and Pear Tree Farm both benefit from outline planning permission and are proposed to be included within the development limit in the emerging Local Plan Part II.

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The proposal, by reason of its design, scale and layout, would have an acceptable impact on the character and appearance of the area. It would safeguard the amenities of future and existing neighbouring residents and adjoining land users. Subject to conditions and a legal agreement, the proposed development is considered acceptable in relation to highway safety, traffic flow, ecology and biodiversity, environmental protection, trees and drainage.

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:-

Local Plan Part 1:

 DP1 - Local Identity and Distinctiveness  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  DP19 - Development Contributions  DP23 - Managing Flood Risk

Other possible Relevant Considerations (without limitation):

 National Planning Policy Framework  National Planning Practice Guidance

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)

GL-LL-301 Rev B Location Plan - 06.03.2019 162740_SK008B Attenuation Basin Sections -11.09.2019 162740-PDL-001F - PRELIMINARY DRAINAGE LAYOUT - 11.09.2019 162740-PDL-002D - PRELIMINARY DRAINAGE LAYOUT - 11.09.2019 P2593C Site Survey - 06.03.2019 TCP-ELH-201901-IMT TREE SURVEY - TREE CONSTRAINTS PLAN - 06.03.2019 TRP-ELH-201901-IMT TREE SURVEY - TREE REMOVAL AND PROTECTION PLAN - 06.03.2019 DRAINAGE DOCUMENTATION - STORM SEWER DESIGN - 06.03.2019 DRAINAGE DOCUMENTATION - ICP SUDS MEAN ANNUAL FLOOD - received 06.03.2019 (also in Drainage Strategy Rev B) DRAINAGE DOCUMENTATION - ICP SUDS MEAN ANNUAL FLOOD - received 06.03.2019 (also in Drainage Strategy Rev B) DRAINAGE STRATEGY STATEMENT REV B - received 30.09.2019 TREE SURVEY, ARBORICULTURAL IMPACT ASSESSMENT AND METHOD STATEMENT received 28.10.2019

Reason: To define the terms and extent of the permission.

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3. Materials - Submission of Schedule and Samples (Pre Commencement) No construction 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 DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Surface Water Drainage Scheme (Pre-Commencement) No development shall be commenced until details of the surface water drainage scheme based on sustainable drainage principles outlined within the Drainage Strategy Statement (Vectos, September 2019) together with a programme of implementation and maintenance for the lifetime of the development 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 and discharged at a QBar rate and volume for all events up to and including the 1 in 100 year (+ 40% climate change). Such works shall be carried out in accordance with the approved details.

These details shall include: - a) Details of phasing (where appropriate) and information for the provision and maintenance of any drainage systems during construction of this and any other subsequent phases. The construction of the drainage scheme should be in accordance with Paragraph 47 & 48 of the Vectos Drainage Strategy Statement. b) 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, 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. c) 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), including any third party access agreements. d) Design details for the proposed attenuation pond and swales including connections, structures, levels, cross sections and access. e) Flood water exceedance routes and management 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. Exceedance routes must be protected for the lifetime of the development. f) 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 (July 2018) 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.

5. Hard and Soft Landscaping (Pre-Commencement) No works or development shall take place until full details of both hard and soft landscape details of the pond and new swale/ditch have been submitted to and approved by the Local Planning Authority. These details shall include:

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 Proposed finished levels and contours  Means of enclosure if required  Details of headwalls and associated structures  Planting plans  Written specifications (including cultivation and other operations associated with plant and grass establishment)  Schedules of plants, noting species, planting sizes and proposed numbers / densities where appropriate  Implementation timetables  Maintenance access 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). This is a condition precedent because it is necessary to understand the scheme in detail prior to any initial construction works to protect the visual amenities of the locality.

6. Biodiversity Gain (Pre-commencement) No development shall take place until full details of a Wildlife Enhancement Scheme have been submitted to and approved in writing by the local planning authority. These details shall include measures and methods which would result in biodiversity gain. All works within the scheme shall be carried out in accordance with the approved details prior to the occupation of the development. Reason: To provide biodiversity gain in accordance with 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 ensure biodiversity gain on the site.

7. Arboriculture - Compliance with Arb Method Statement (Pre-occupation) The development hereby approved shall be carried out in full accordance with TREE SURVEY, ARBORICULTURAL IMPACT ASSESSMENT AND METHOD STATEMENT received 28.10.2019, TCP-ELH-201901-IMT - TREE CONSTRAINTS PLAN 04 received 07.03.2019 and TRP-ELH- 201901-IMT - TREE REMOVAL AND PROTECTION PLAN received 07.03.2019 Reason: To ensure that trees which contribute to the character and appearance of the area, and are to be retained, are not adversely affected by the development proposals in accordance with Policy DP1 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

8. Green Infrastructure / Landscape Management Plan (Pre-commencement) No development shall take place until full details of a Green Infrastructure / Landscape Management Plan have been submitted to and approved in writing by the local planning authority. These details shall include how the green infrastructure (trees, hedges, SUDS, open spaces) are to be managed / protected and enhanced post construction. All works within the scheme shall be carried out in accordance with the approved details prior to the occupation of the development. Reason: To provide biodiversity gain in accordance with DP5 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.

9. Biodiversity Gain (Pre-commencement) No development shall take place until full details of a Wildlife Enhancement Scheme have been submitted to and approved in writing by the local planning authority. These details shall include measures and methods which would result in biodiversity gain. All works within the scheme shall be carried out in accordance with the approved details prior to the occupation of the development.

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Reason: To provide biodiversity gain in accordance with 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.

List of Advices

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:

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.

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.

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6. This permission is accompanied by an agreement under Section 106 of the Town and Country Planning Act 1990.

7. 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/

8. No removal of buildings, structures, trees or shrubs shall take place between 1st March and 31st August unless an experienced ecologist has checked the Site for breeding/nesting birds. If there is evidence of breeding birds the work must be delayed until the chicks have fledged or suitable working distances observed so as not to disturb the birds.

9. The applicant is advised that, prior to works commencing on site, Land Drainage Consent is required under section 23 and 66 of the Land Drainage Act 1991 from the Axe Brue Drainage Board for any construction in, or within, 9m of a watercourse and for the introduction of additional flow into a watercourse in the Board's District.

10. The developers are reminded of the legal protection afforded to nesting birds under the Wildlife and Countryside Act 1981 (as amended). In the event that nesting birds are encountered during implementation of this permission it is recommended that works stop until the young have fledged or then advice is sought from a suitably qualified and experienced ecologist at the earliest possible opportunity.

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Agenda Item No. DM06

Case Officer Sarah Tucker

Site Pilton Village Hall St Marys Lane Pilton Shepton Mallet Somerset

Application Number 2019/0461/FUL

Date Received 6th March 2019

Applicant/ Mr S Finlay Organisation The Co-operative Group

Application Type Full Application

Proposal Change of Use of part of existing Working Mens Club and Village Hall to Class A1 convenience store.

Ward Croscombe And Pilton

Parish Pilton Parish Council

What3words:

Stale.partied.width

Referral to Ward Member/Chair and Vice Chair: The proposal is referred to the Ward Member at the request of the Ward Member.

Description of Site, Proposal and Constraints: The site consists of the existing working men’s club and village hall in St Mary’s Lane in the village of Pilton. There is a car park with parking for 21 cars to the west of the hall. The site is surrounded by residential properties to the east and west, St Mary’s Lane to the south and a small wooded area to the north.

The proposal consists of the change of use of part of the existing working men’s club and village hall (a D1 use) to Class A1, a convenience store.

Pilton village is a small village with very little in the way of facilities. There is an existing Post Office in the village hall, which is proposed to be retained. The site lies within the Pilton Conservation Area.

There is a concurrent, outstanding application for the external alterations associated with this development 2019/1019/FUL.

Relevant History: 085839/007 Erection of link extension from village hall to working men’s club and refurbishment of village hall. Approved with conditions 9/11/2004

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

Ward Member: Request for ward member referral.

Pilton Parish Council: Recommends Approval The Parish Council received 1 letter against the proposals and 90 letters in favour of the shop..

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Planning Policy: No objection in planning policy terms

Highways Development Officer: No objections

Environmental Protection: No objection subject to a condition restricting fixed plant or equipment externally.

Archaeology: No archaeological implications to this proposal.

Local Representations: 18 representations have been received to the scheme, of these, 12 object to the scheme, 5 support it and 1 is neutral.

The reasons for objection are as follows:  Building is used for many regular village functions  Shop should be in a different place  Loss of chair yoga sessions for elderly people  Roads are narrow and steep, not suitable for lorries or delivery vans  Residents will be greatly inconvenienced if shop customers park in roads surrouding village hall  After school shopping will result in more cars  Older residents drive to functions on village hall  Parking difficult at the moment  Church uses the village hall car park for weddings and funerals  Noise disturbance from car doors opening and shutting every day from early morning to late at night  Village hall used for exercise classes which adds to the health and wellbeing of residents  Clubs and societies use builing for functions, music events, skittles and charity fundraising  Previous shop on main road did not survive as had no parking  Lack of public consultation  Application dealt with in an undemocratic manner by Trustees of the Hall and the Co-op  More suitable locations in the village  Opening times unsuitable in a residential area  Will the existing lift be available for use?  Cold storage containers not conducive to the appearance of the hall and its environs in the Conservation Area  Noise from external generators will disturb residents  Shop will not be situated in an underused space in the building  Loss of Post Office in the village hall  A second license to sell alcohol in the same building is not necessary or desirable  How would parking be controlled  If parking was restricted it would be pushed onto narrow lanes in the immediate vicinity  Hours proposed are later than other Co-ops in the area  Transport Statement refers to non-existant 58 spaces on the A361  Proposals need closer scrutiny  Transport Statement states that there are substantial places to park on the side lines around the location but does not mention width of these lanes, which is insufficient to allow emergency vehicles to pass  No consideration of public safety has been taken into account in the Transport Statement  Hours of opening not appropriate in this quiet area with very little background noise  Parking would result danger to pedestrians, horseriders, children etc  Commercial waste bins take up parking spaces  Only one street light in the area so not adequately lit for the proposed use and opening times  Space currently used in village hall is not surplus to requirements  No need for Co-op in the aera  Noise aircon/freezer fans near existing residential properties  Co-op off license will result in reducing the bar profits of the working men’s club

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 People will not use the rest of the village hall  Waste of money replacing lift  Need disabled access to the top floor of a public building  No provision made for parking for shop staff  Alternative locations for the Post Office are not acceptable  Should only be approve if its viable long term- there is a retail park only 2 miles away  Shop will be more than a ‘top up’ shop  Goods will be more expensive than supermarket chains

The reasons for support are:  Greatly support the need for a convenience store in the village  Support local milk and newspaper deliveries  No genuine reasons against it  For those who cannot drive, the proposed shop will be a life changer

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

Policies/Legislation:

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)

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

 CP1 – Mendip Spatial Strategy  CP3 – Supporting Business Development and Growth  CP4 - Sustaining Rural Communities  DP3- Heritage Conservation  DP7- Design and Amenity of New Development  DP9 – Transport Impact of New Development  DP10- Parking Standards  DP17- Safeguarding of Community Facilities

Other possible Relevant Considerations (without limitation):

 National Planning Policy Framework  National Planning Practice Guidance  Historic Environment Good Practice Advice in Planning Notes issued by Historic England  Conservation Area Character Appraisals

Assessment of relevant issues:

Principle of the Use: The proposal involves the change of use of 68 sq m of gross internal floor space, out of a total of 1583 sq m of the existing use. The applicant has stated that the room the shop is proposed to occupy is used by the village youth club, who have relocated to the playing fields pavilions, so that the room is now surplus to requirements, and that the existing room is in a state of disrepair.

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Policy CP3 supports economic development proposals in line with the principles set out in Policy CP4. Policy CP4 states that in (4) (a) it will enable the establishment of a business in a manner and of a scale which is appropriate to the location and the constraints upon it. Policy DP17 states the developments which would result in the loss of local community facilities will not be permitted unless suitable alternative provision is made in the locality before the development or change of use can commence.

The proposal is for a 68 sq m shop, of which 58 sq m will be sales floorspace. This is a small ‘top up’ convenience store that is a small size appropriate to the rural location of Pilton. Furthermore, the loss of the space that was previously used by the youth club has been already relocated within the village. Given this, the change of use is policy compliant and is therefore acceptable.

The NPPF also states in para 83 (d) that planning decisions should enable the development of local services such as local shops, and in para 80, that significant weight should be placed on the need to support economic growth and productivity.

Whilst there have been objections to the scheme from local residents, given the small scale of the proposals, with the retained village hall/working men’s club floorspace at 1,515 sq m, the proposal is considered acceptable, in accordance with national and local planning policy and will not involve the loss of a community facility. Whilst the applicant has stated that the Post Office will be retained, this is not a planning issue that can be taken into account in the determination of the application, as the permission can only relate to the Use Class of the development, not specific users.

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

Since the application is for change of use, there are no aspects that impact on the streetscene; these are dealt with under the concurrent external alterations application 2019/1019/FUL. For these reasons, there are no impacts on the Conversation Area, and these are assessed in the concurrent application.

Assessment of Highway Issues:

The site lies along St Mary’s Lane, which is an unclassified road subject to a 30mph speed restriction. The terms of trip generation, the proposed impacts on the local highway network are acceptable. The existing car parking arrangements have spare capacity when judged against the Council’s parking standards (including staff car parking) and the change of use will not result a detrimental impact on the local highway network. As such, there are no highway objections to the scheme.

Objections relating to the on-street car parking in the Transport Statement have been addressed with a revision to the document. Since the parking implications of the proposal are considered policy compliant and therefore acceptable, this issue has been resolved.

Impact on Residential Amenity:

Policy DP7 states that proposals should protect the amenity of users of neighbouring buildings and provide a satisfactory environment for current occupants. Paragraph 180 of the NPPF states that new development should mitigate and reduce to a minimum the potential adverse to avoid giving rise to significant adverse impacts.

Local residents have raised concerns regarding noise disturbance from the proposed shop. Whilst the current use is unrestricted in hours, and the amount of shop floorspace small, it is nevertheless considered necessary to control the hours of operation of the shop and deliveries to avoid noise disturbance to local residents in the village. The shop has a premises license already granted from 0700 hours to 2300 hours, and these hours are considered acceptable for opening times, as they avoid the quiet period overnight, and as such will be conditioned. Delivery hours are more likely to cause disturbance, and these will be conditioned between the hours of 0930 hours to 1600 hours, as suggested in the Transport Statement.

Planning Board Report 20th November 2019 Page 76

A concern was raised regarding the lack of street lighting in the village and its impact on users of the proposed shop. However, this is the situation in many villages in the district, and is not considered to be problematic in terms of this application.

Details of noise of external plant are dealt with in the concurrent application for external alterations: 2019/1019/FUL.

Given the proposed conditions restricting the opening hours and the deliveries, the impacts on the residential amenity are considered acceptable, and in accordance with Policy DP7 and the NPPF.

Waste and Refuse:

No details have been submitted as to where the refuse for the shop will be stored. As such, a condition will be recommending requiring this information prior to first occupation of the shop, to ensure that there are no detrimental effects of waste storage on residential neighbours of the scheme.

Other Matters:

Concerns have been raised by local residents that there has been a lack of consultation on the application. The application has been advertised in line with the Town and Country Planning (Development Management Procedure) (England) Order 2015 by the local planning authority. Concerns regarding the consultations by the Trustees cannot be taken into account in the determination of this application, as they are outside the control of the local planning authority.

Concerns have been raised that there are better locations within the village for a shop. However, each application has to be taken on its own merits and assessed as it is submitted.

Concerns have been raised regarding the viability of the shop, and the cost of goods within it. The application has been submitted by the Co-op, who are a large retail company, and as such, it is unlikely the scheme would be unviable. Concerns regarding the costs of goods are outside planning control, and as such, cannot be taken into account in the determination of this planning application.

Concerns have been raised with regard to disabled lift internally and disabled access to the first floor. However, this is an issue that is necessarily dealt with by building regulations and is not a planning matter than can be taken into account in the determination of this application.

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 principle of this change of use for a small shop within a village hall/working men’s club is in accordance with local and national policy, which supports small scale rural economic development such as this. The highway implications, including parking, are considered appropriate. The residential impacts of the scheme are appropriately mitigated by the control of opening hours and deliveries by recommended conditions.

Planning Board Report 20th November 2019 Page 77

Since no harm has been identified that cannot be appropriately mitigated, the proposals are considered appropriate.

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 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 CP3 (Principle of Development), DP7 (Design and amenity), DP9 (transport), 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

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) This decision relates to the following drawings: P-100, P-110, P-111

Reason: To define the terms and extent of the permission.

3. Hours of Use - Commercial (Compliance) The use hereby approved shall not be carried on and no customer shall be served or remain on the premises outside the hours of 0700 to 2300. Reason: To safeguard the amenities of adjoining occupiers having regards to Policies DP7 and DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Delivery Hours (Compliance) Deliveries shall be taken at or despatched from the site only between outside 0930 hours to 0430 and not at any time on Sundays or on Bank or Public Holidays. Reason: To safeguard the amenities of adjoining occupiers having regards to Policies DP7 and DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

5. Provision and Storage of Recycling and Waste Containers (Pre-occupation)

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The development hereby approved shall not be occupied until provision for the storage of recycling and waste containers has been made within the site in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. 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).

List of Advices

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:

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 Ł116 per request (or Ł34 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.

Planning Board Report 20th November 2019 Page 79

Agenda Item No. DM07

Case Officer Sarah Tucker

Site Pilton Village Hall St Marys Lane Pilton Shepton Mallet Somerset

Application Number 2019/1019/FUL

Date Received 26th April 2019

Applicant/ Mr s Finlay Organisation The Co-operative Group

Application Type Full Application

Proposal External alterations to the building to include change of existing double door to single automatic door, change of side door to steel secure door. Erection of an external plant and equipment building.

Ward Croscombe And Pilton

Parish Pilton Parish Council

What3words:

Stale.partied.width

Referral to Ward Member/Chair and Vice Chair: The application has been referred to the Ward Member at the request of the Ward Member.

Description of Site, Proposal and Constraints:

The site consist of the existing Pilton village hall in St Mary’s Lane in the village of Pilton, which runs steeply downhill east to west. The building itself is mostly 19th century, in stone, with 21st century additions. There is a car park with parking for 21 cars to the west of the hall. The site has residential properties to the north and south, with St Mary’s Lane to the south. To the north lies a small wooded area.

The proposal consists of external alterations. These are: removal of the existing timber framed double doors in the main ‘roundhouse’ entrance and replacement with single inward opening timber framed glazed door, erection of new single storey pitched roof stone building to house cold room and freezer, removal of existing low level stone wall and replace with new, erection of 2 small condenser units and replacement of timber door on south elevation with steel secure door. The proposals for the cold room/freezer have been amended, removing the proposed fence, and changing the design of the cold room/freezer.

Pilton is a small village with very little in the way of facilities. There is an existing Post Officer in village hall, which is proposed to be retained. The site lies within the Pilton Conservation Area. The nearest listed building is St Mary’s Cottage which lies across the road from the car park.

There is a concurrent, outstanding application for the change of use associated with this development: 2019/0461/FUL.

Relevant History:

085839/007 Erection of link extension from village hall to working men’s club and refurbishment of village hall. Approved with conditions 9/11/2004.

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

Ward Member: Referral to Ward Member.

Parish Council: No objections

Highways Development Officer: Standing advice applies

Environmental Protection: The noise report only details the local noise environments and plant noise limits but no details of the intended plant are included. Full details of the proposed plants and measures to attenuate the noise will be required by condition.

Archaeology: No objection

Local Representations: There are 7 representations to the scheme, all of which object. The reasons for objection are as follows:  A progressive and growing application by stealth  New storage building is not mentioned in the Design and Access Statement, which is misleading  Should have been one application with the change of use  Hall is in the Conservation Area and is an historic building  Front elevation will be obstructed by a tiled roof which will be visible at a strange height and look out of keeping and detrimental to the appearance of the area  Grey is not an acceptable colour for the woodwork  Fence is very high and dominant in this village setting and 19th century hall  Circular window in the new building is not in keeping with the old hall  Scheme would inappropriately dominate the main elevations  Proposed location for a shop is not appropriate- different location should be considered  New shop needs to be a new building near a cluster of homes with good access  An extension to house external plant would block light from a window in the hall above  Noise from condensers would be intrusive to neighbouring properties  Increase in traffic in area  There will be two licenses under one roof, which could lead to drink related problems  No passing trade so shop unlikely to be viable  Parking off road at a premium  How will disabled access to the building be affected  Plant noise will be over 30dBA where night time noises are very low  No noise data is presented by the applicants  Steel door at the side of the proposed shop is inappropriate  Shoppers wouldn’t walk from shop due to the hills  Security issues will result for the Co-op when other events taking place in the building  Delivery lorries will not fit in the car park and become obstructions for other vehicles in lanes  Shop on Neat Lane would be more suitable

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

Policies/Legislation:

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:

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The Council’s Development Plan comprises:

1. Mendip District Local Plan Part I: Strategy and Policies (December 2014) 2. 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  DP1- Local Identity and Distinctiveness  DP3- Heritage Conservation  DP7- Design and Amenity of New Development  DP8- Environmental Protection

Other possible Relevant Considerations (without limitation):

 National Planning Policy Framework  National Planning Practice Guidance  Historic Environment Good Practice Advice in Planning Notes issued by Historic England  Conservation Area Character Appraisals

Assessment of relevant issues:

Principle of the Use:

The principle of the use is discussed in the concurrent application for the change of use: 2019/0461/FUL. This application relates to external alterations to facilitate the change of use, and are assessed in terms of their visual and environmental impacts below.

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

The proposed alterations are relatively small. The proposed amendments to the main doors will have a negligible effect on the streetscene. The proposed pitched roof building for the coldstore and freezer is 2.7m wide, 5m deep and 4.2m high in stone to match the style and finishes of the existing building. The design of the proposed building mirrors that of the main building in form and materials. Whilst the new building would be visible in the streetscene from the west, it will be less visible when viewed from further up St Mary’s Lane, where it will be partially hidden by the existing boundary wall which rises with the road to the east. The proposed steel security door in the southern elevation, will be hidden from the streetscene by the proposed cold room and freezer building. The proposed condensing units will be hidden by the existing wall from the streetscene. Overall, the proposals will not dominate the existing building, or unduly effect the streetscene in the vicinity.

Whilst concerns have been raised regarding the painting of existing woodwork, this in itself does not require permission, and so cannot be taken into account in the determination of this planning permission.

Impact on the Conservation Area:

There is 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

Planning Board Report 20th November 2019 Page 82 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 proposals are considered not to unduly impact on the streetscene and therefore the Pilton Conservation Area in this location. The village hall/working men’s club building is of some heritage interest, however, it has been altered significantly in the past, and given the small scale, appropriate design and location of the proposed alterations, they are not considered to harm the character and appearance of the Pilton Conservation Area.

The nearest listed building is the Grade II listed St Mary’s Cottage, which lies, at its nearest point, 18m from the south elevation of the village hall/working men’s club. Due to the levels here, St Mary’s Cottage is set down from the road, so that only a small section of the building is visible above the road. Hence its setting lies to the south, facing away from St Mary’s Lane. Given this, the impact on St Mary’s Cottage by the proposal is negligible, and there is no harm to this listed building as a result of the proposal.

Having regard to the above, no material harm to the designated heritage assets have been identified and therefore, having due regard to Section 72 of the Planning (Listed Building and Conservation Area) Act 1990 and Policy DP3 of the Mendip District Local Plan 2006-2029 (Part 1 Strategies and Policies - adopted 15th December 2014) and permission should be approved.

Impact on Residential Amenity:

The proposals include a cold room and freezer, which will include refrigeration and condenser units that will be in use 24 hours a day. The nearest residential buildings to these proposals are St Mary’s Cottage, which lies 18m to the south and no. 1 Shutwell Lane, which lies 20m to the east.

The applicant has submitted a noise report, however, the Environmental Health officer has stated that whilst noise limits have been detailed, there are no details of the noise of the individual plant themselves, or the measures required to control noise levels. As such, a condition is recommended, requiring the noise detail of all the plant, and to ensure compliance to acceptable noise levels. This condition effectively overcomes any concerns regarding the impact on noise levels, as the noise of proposed plant is appropriately controlled by condition.

Concern was raised about the loss of light to a window of the hall above as a result of the proposed building for the cold room and freezer. However, since the application is made by the Trustees of the village hall themselves, it is effectively their decision to locate the cold room and freezer building here. Furthermore, this room has other windows on this elevation. Similarly, concerns regarding security problems inside the building are an issue for those running these facilities, and not for the planning application determination.

Assessment of Highway Issues:

The proposals have no impact on the proposed access and parking for the scheme, which are dealt with by the concurrent application for the change of use: 2019/0461/FUL.

Waste and Refuse:

These issues are dealt with by the concurrent application for the change of use: 2019/1019/FUL.

Other Matters:

Planning Board Report 20th November 2019 Page 83

Concerns have been raised that the shop should be in a different location. However, the application has to be assessed as it stands, on its own merits, so this cannot be taken into account in the determination of this application.

Concerns have been raised relating to the viability of the shop. This issue has been dealt with by the concurrent change of use application: 2019/1019/FUL, and therefore cannot be taken into account in the determination of this application.

Concerns have been raised that these two applications should have been submitted as one, however, separate applications are allowed under the requirements of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Concerns have been raised regarding both the shop and the working men’s club license to sell alcohol and the potential subsequent drink related anti-social behaviour. This is an issue for the Council’s licensing service, and is covered by legislation other than planning, and as such, cannot be taken into account in the determination of this application.

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 proposed alterations are small in scale and will not result in harm to the streetscene, the Pilton Conservation Area or the heritage assets. The proposals will be conditioned to ensure that no noise from the cold room/freezer or condenser units will harm the residential amenity of the area. The proposals are therefore acceptable.

Recommendation:

APPROVE

Reason/s for Recommendation

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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 character and appearance of the Conservation Area would be preserved. The setting of the nearby Listed Building/s would not be harmed. 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 CP3 (Principle of Development), DP1 (Local Identity), DP3 (Heritage), Dof 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)

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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) This decision relates to the following drawings: P/07, P/02, P/05, P/01, P/06, P/18, P/12, P/15, P/16, P/17

Reason: To define the terms and extent of the permission.

3. Sample Panel - Roofing (Bespoke Trigger) No construction of the roof of the development shall commence until a sample of all external roofing materials has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter 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 DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. 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 DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

5. External fixed plant (Bespoke Trigger) No external fixed plant or equipment located, installed or mounted on the walls or roofs, or adjacent to any of the buildings, including those within the proposed outbuilding hereby approved, shall be operated unless detailed plans and a technical specification, including noise details, have first been submitted to and approved in writing by the Local Planning Authority. Once the details have been approved, the equipment shall be installed in accordance with the approved details and maintained in such a way as to ensure compliance with the submitted specification. This condition shall not apply to such plant or equipment which is not audible at the nearest residential property. Reason: In the interests of the amenity of the surrounding area in accordance with Policy DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

List of Advices

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:

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.

Planning Board Report 20th November 2019 Page 86

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 Ј116 per request (or Ј34 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. 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.

Planning Board Report 20th November 2019 Page 87

Agenda Item No. DM08

Case Officer Mr Carlton Langford

Site Land South East Of Vinney Lane Blatchbridge Frome BA11 5BN

Application Number 2018/1559/FUL

Date Received 20th June 2018

Applicant/ Mr S Hughes Organisation

Application Type Full Application

Proposal Change of use of land to 1 No. Gypsy pitch and associated works including 1 No. mobile home, 1 No. touring caravan, 1 No. day room, septic tank, and hardstanding

Ward Beckington And Selwood

Parish Selwood Parish Council

What3Words: altering.marching.overpower

This application has been brought back before the Planning Board following its deferral at the Planning Board meeting of the 16th Oct 2019 where it was resolved by the members that the decision on the application be deferred for up to 3 months to allow consultation with emergency services regarding their access to the site.

In response to matter as resolved by members, and as an update to the report below as presented to members at their meeting on the 16th October, the Council has received additional information from the Devon & Somerset Fire and Rescue Service.

The letter confirms that under Section 13 of Building Regulations, the regulations state that typical Fire & Rescue Service vehicles access route specification should be a minimum width of road of 3.7m and a minimum width of gateway of 3.1m. The road width at Vinney Lane is 4.2m and the gate width is 3.5m and 4.5m.

As such, the above response from the Devon & Somerset Fire and Rescue Service concludes that there is sufficient road width along Vinney Lane and access width from Vinney Lane into the Site for their larger emergency vehicles.

With the larger fire rescue vehicles being of similar size to other larger vehicles such as refuse/bin lorries, it must be conclude that Vinney Lane is suitable to support larger vehicles as was the query raised by the Planning Board on the 16th Oct 2019.

Further to the above information received from Devon & Somerset Fire and Rescue Service, Somerset County Council Highway in response to the same question concluded that Vinney Lane has been for many years suitable to serve larger agricultural vehicles and therefore suitable in width for larger emergency vehicles.

Update Conclusion: The recommendation is for approval as per the original recommendation as set out in the report below.

Description of Site, Proposal and Constraints

Planning Board Report 20th November 2019 Page 88

The application relates to land south east of Vinney Lane on the outskirts of Frome within the Parish of Selwood. The site is within the open countryside and comprises part of a larger agricultural filed. The site is bounded to the north by the busy A361, the west by Vinney Lane, agricultural fields to the south and the River Frome to the west. The land has an access off Vinney Lane and there are no planning constraints on the land with the site falling just outside the River Frome flood zone.

The application seeks planning permission for Change of use of land to 1 No. Gypsy pitch and associated works including 1 No. mobile home, 1 No. touring caravan, 1 No. day room, septic tank, and hardstanding.

Summary of parish comments, any objections or conflict with the recommendation

Ward Cllr: No formal comments received.

Parish Council – After lengthy discussion the Councilllor did not make a recommendation other than to raise issues in respect of access to the site which is very poor down a very narrow lane which is unsuitable for a lot of traffic movement and very close to existing residential properties.

There can be no access from Vinney Lane onto the A361 as this is a very busy trunk road and the only access would be via Bulls Quarries Road.

Also, it was noted that sewage would be disposed of via a septic tank - councillors are of the opinion that if planning consent is granted, a treatment plant should be incorporated as opposed to a septic tank as the property is in very close proximity to a river - perhaps MDC Planning should refer this issue to their consultant engineer with expertise in such matters.

County Highway Surveyor – No objections subject to visibility splays at the entrance of 2.4m x 23m in both directions.

Land Drainage Engineer: No objections subject ort the imposition of land drainage conditions.

Environmental Protection: No objections subject the development being carried out employing the mitigation measures recommended in the recommendations Venta Acoustics report VA2587.190213.NIA.

Other Representations – 12 letters of representation received with one letter of support and 11 letters of objection raising the following concerns -

1. Highway safety concerns having regard for the narrow width of Vinney lane and the access from Vinney Lane onto Bulls Quarry Road. 2. Concerns that visitors to the site will park in the layby on the main road at the end of Vinney Lane. 3. Increased traffic generation. 4. Impact of the development on Footpath FR14/42 to the north and east of the site. 5. Land and Foul Drainage concerns close to the River Frome. 6. If approved should be restricted to one pitch and no business operated from the land. 7. The site is at risk of flooding. 8. Noise from the development. 9. Traffic noise affecting the end users of the site from the busy A361.

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

Relevant planning history

The application site includes land already benefiting from planning permission for 2 number Gypsy/Traveller pitches under ref: 2011/1084.

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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:

5. Mendip District Local Plan Part I: Strategy and Policies (December 2014) 6. 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  DP1 – Local Identity and Distinctiveness  DP4- Mendip Landscapes  DP7 – Design and Amenity of New Development  DP8- Environmental Protection  DP9- Transport Impact of New Development  DP10 - Parking  DP15- Travellers and Travelling Showpeople

Other possible Relevant Considerations (without limitation):

1. National Planning Policy Framework 2. National Planning Practice Guidance 3. The Countywide Parking Strategy (2013) 4. Planning policy for travellers sites, Department of Communities and Local Government, August 2015 (PPTS)

Assessment of relevant issues

Principle of the use:

The PPTS requires local planning authorities to identify and update annually a supply of specific deliverable sites sufficient to provide 5 years’ worth of sites against locally set targets. Policy DP15 states that gypsy and traveller accommodation will be allocated in a Site Allocation Document, however, this is still at an early stage of development, with the last Gypsy and Traveller Accommodation Assessment undertaken in 2013, and as such, the Council does not have an up to date five year supply of deliverable sites, as required by Government policy in the PPTS.

Therefore and notwithstanding the status of Policy DP15 which includes the requirement to have regard to alternative, affordable, acceptable and suitable sites elsewhere to meet the needs of the applicant, the high level of need should be given significant weight in the decision making process as there no other affordable or acceptable sites available that are identified and could meet the need.

Policy C of the PPTS suggest when assessing suitable site in rural areas, the LPA should ensure that the scale of such sites do not dominate the nearest settled community. With the proposal being for one additional pitch, it is not considered that the impact of this single pitch will be of a scale which will dominate any nearby settlements.

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The application confirms that the expected end user of the pitch are recognised Gypsy/Travellers as defined by Annex 1 of the PPTS and there is no evidence to dispute this. This aside, Policy H of the PPTS especially where it has been demonstrated that there is not an up to date five year supply of deliverable sites, the LPA should determine sites for any travellers and not just those with local connections. Should permission be allowed, the permission would be conditioned to allow any person who has Gypsy/Traveller status to occupy the pitch which will ensure the pitch continues to contribute towards the Council’s obligation to provide such pitches in the future.

Given the above, it is considered that the principle of the use of the site for a single gypsy/traveller pitch is acceptable.

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

The application site has no special landscape designation. Whilst the proposed pitch will be sited within a relatively isolated location within the countryside, it will nevertheless be well screened from view by existing mature hedgerows, to include any views from the adjacent highways. However, the site will be visible from the nearby footpath running adjacent to the site to the east and north but having regard for the limited scale of the development which will not dominate the nearest settled community, and that there is an overriding need for additional pitches in the district, the benefits of bring forward the development outweigh any harm on the surrounding rural landscape, which as stated above is considered to be a very low level of harm

Other than the existing hedgerows which will help screen the development and the erection of a small section of acoustic fencing within the site also largely screened from view. The proposed dayroom is of a standard design and size and again will not harm the rural character of the area.

It is therefore considered that subject to conditions to ensure implementation of appropriate landscaping and land and foul drainage and that the site is not used for commercial/business uses, the impact of the proposal on the rural character of the area will be limited with benefits which in this case outweigh any harm.

Impact on Residential Amenity:

The application site has no immediate neighbours which would be adversely affected by the proposed use of the site for a Gypsy/Traveller Pitch. As already mentioned the scale of the development is such that it will not dominate the nearest settled community.

The application was accompanied by a noise impact assessment suggesting that the site would be affected by traffic noise associated with the A361. However, recommended noise mitigation measures within the report which include the erection of a short section of acoustic fencing, is considered sufficient to ensure the end users of the site a pleasant living environment and not have an unacceptable impact on the rural character of the area.

The site is also located south east of an existing poultry farm. However, the distance between the developments is sufficient not to raise odour concerns for the proposed users of the site which might prejudice the poultry business.

Assessment of Highway Issues:

The proposal provides sufficient on–site parking for vehicles and caravans and suitable on- site tuning to allow vehicles to arrive and leave in forward gear.

Visibility at the access of 2.4m x 23m as suggested by the county highway surveyor can be achieved ensuring a safe means of access.

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Access to the site is however via Vinney Lane a narrow, no through road, and does not lend itself to commercial traffic. It is therefore necessary to ensure that site is not used for any commercial or business uses.

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.

Environmental Impact Assessment

This development does not fall within the scope of the town and Country Planning (Environmental Impact Assessment) Regulations 2017 and so Environmental Impact Assessment is not required.

Other matters not already addressed:

Highway safety concerns having regard for the narrow width of Vinney lane and the access from Vinney Lane onto Bulls Quarry Road.

These concerns are recognised, however Vinney Lane is a classified highway and the proposal has been assessed by the County Highway Surveyor and other than requesting that the applicant provide the necessary visibility splays at the access which can be achieved, both the lane and the access onto Bulls Quarry Road are adequate to serve the development.

It is however, considered that any increase in traffic movements along Vinney Lane over or above those being applied for (1 Gypsy Traveller Pitch) would raise highway safety concerns for uses of this lane. To this end, there will be a restriction placed on the use of the pitch for commercial and/or business uses.

Concerns that visitors to the site will park in the layby on the main road at the end of Vinney Lane.

Such parking would be outside the control of the applicant and there is no reason why this should happen especially on such a busy road. Alone this is not a reason to refuse the application especially as the applicant has demonstrated a safe means of access and sufficient on-site parking.

Increased traffic generation.

The level of additional traffic generated by the development will be minimal.

Impact of the development on Footpath FR14/42 to the north and east of the site.

This footpath is outside the development site and will not be affected by the siting of the development. There will be no need to either divert or obstruct the footpath.

Land and Foul Drainage concerns close to the River Frome.

Both surface water and foul drainage has been considered by the Council’s Land Drainage Engineer and subject to the approval of details for sustainable schemes which improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the drainage systems, there are no issues to consider.

The site is at risk of flooding.

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The site is located just outside of the Frome Flood Zone where development is acceptable subject to the provision of sustainable drainage schemes as mentioned above.

Noise from the development. The use of the site for residential occupation is not considered to raise any adverse amenity concerns.

Conclusion

The proposal is considered to be acceptable in principle with the overall need for gypsy and traveller sites in the District providing support to approve the application notwithstanding the specific site search criteria identified Policy DP15. The scale of the proposal is such that it will have little impact on the character or amenity of the area and access to the site is acceptable in terms of highway safety. Subject to the imposition of the conditions below, this application is recommended for approval.

Reason/s for Recommendation

1. The proposal is acceptable in principle with the overall need for gypsy and traveller sites in the District overriding the requirement to have regard to alternative, affordable, acceptable and suitable sites elsewhere to meet the needs of the applicant as set out at Policy DP15. The proposal, by reason of its design, scale and layout would be in keeping with its surroundings. The character and appearance of the landscape would be preserved. 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 (Mendip Spatial Strategy), DP1 (Local Identity and Distinctiveness), DP4 (Mendip Landscapes), DP7 (Design and amenity), DP8 (Environmental Protection), DP9 (transport), DP10 (Parking Standards), DP15 (Gypsies, Travellers and Show People) 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) Planning Policy for Traveller Sites Department for Communities and Local Government (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) This decision relates to the following drawings: SH18-SLP, 18069/01, 02B and 03. Mitigation Measures within the Noise Impact Assessment (Venta Acoustics 14 Feb 2019). Reason: To define the terms and extent of the permission.

3. Gypsy/Traveller Site - Restriction on Occupancy (Compliance) The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1: Glossary of Planning Policy for Traveller Sites (or its equivalent in replacement national policy). Reason: The site is located outside of development limits where development is strictly controlled and the location of the development is only acceptable based on meeting the needs of gypsy and

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travellers having regards to Policies CP1 and CP2 and DP15 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Gypsy/Traveller Site - Pitches, Number and Type of Caravans (Compliance) There shall be no more than one pitch on the site and no more than 2 caravans as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (as amended), shall be stationed at any time, of which only 1 caravan shall be a static caravan. Reason: In the interests of the character and appearance of the area having regards to Policies DP1, DP4 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

5. Parking and Turning Areas (Pre-occupation) No occupation shall commence until the parking and turning areas have been constructed in accordance with details shown on the approved plans. The parking and turning shall thereafter be kept clear of obstruction and shall not be used other than for the parking of vehicles in connection with the development hereby permitted. Reason: To ensure that suitable access, parking and turning areas are provided and thereafter retained 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).

6. Visibility Splay (Pre-occupation) There shall be no obstruction to visibility greater than 900 millimetres above adjoining road level in advance of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 23m either side of the access. Such visibility shall be fully provided before the development hereby permitted is first occupied and shall thereafter be maintained at all times. Reason: To ensure sufficient visibility is provided in the interests of highways safety in accordance with Policy DP9 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

7. Gypsy/Traveller Site - No Commercial Activity (Compliance) No commercial activities or business use(s) shall take place on the land, including the storage of materials. Reason: In the interests of the character and appearance of the area and highway safety having regards to Policies DP1, DP4, DP7 and DP9 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 including all noise mitigation measures within the Venta Acoustics report VA2587.190213.NIA. The works shall be carried out prior to the occupation of any part of the development or in accordance with the 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 including the 2m high noise mitigation barrier, 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. Surface Water Drainage System (Pre-commencement)

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No development shall commence until a surface water drainage scheme, based on sustainable drainage principles, are submitted to and approved in writing by the local planning authority. This shall include details of the maintenance and management for the scheme for the lifetime of the development. The scheme shall subsequently be implemented in accordance with the approved details. REASON: To prevent any increased risk of flooding to the development, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system. Refer to Development Policies DP7, DP8 and DP23 of the Mendip District Council Local Plan (2006-2029). 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 drainage strategy.

10. Drainage - Foul (Pre-commencement) Notwithstanding the details submitted, 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. The development shall thereafter be carried out in accordance with the approved details and completed prior to the occupation of the pitch. REASON: In order to ensure the provision of satisfactory drainage and avoid pollution of the environment having regard for Policies DP7 and 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 foul drainage strategy.

11. Noise mitigation (Pre-occupation) No occupation shall commence until the approved noise mitigation measures within the Venta Acoustics report VA2587.190213.NIA. have been implemented in full. The noise mitigation measures shall be permanently maintained thereafter. Reason: To ensure the provision of an appropriate noise mitigation for the development in accordance with Policies DP7 and DP8 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

List of Advices

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.

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Where approval of further information is required you will need to submit a conditions application and pay the relevant fee, which is Ј116 per request (or Ј34 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.

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. Under Section 163 of the Highways Act 1980 it is illegal to discharge water onto the highway. You should, therefore, intercept such water and convey it to the sewer.

5. No removal of buildings, structures, trees or shrubs shall take place between 1st March and 31st August unless an experienced ecologist has checked the Site for breeding/nesting birds. If there is evidence of breeding birds the work must be delayed until the chicks have fledged or suitable working distances observed so as not to disturb the birds.

6. 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.

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Agenda Item No. DM09

Case Officer Anna Clark

Site Primavera Aromatherapy Ltd Woodland Way Frome BA11 2FL

Application Number 2019/1746/FUL

Date Received 19th July 2019

Applicant/ Mr Kenneth Acheson Organisation Acheson and Acheson Ltd

Application Type Full Application

Proposal Modifications to existing building and site consented under planning application 108277/056 to include rearrangement of parking spaces and HGV access; alterations to external stair, entrance door and windows.

Ward Beckington And Selwood

Parish Berkley Parish Council

What3Words: apple.badly.senses

Referral to Board:

This application has been automatically referred to Planning Board in accordance with the resolution at the Planning Board 16th October 2009 which requires planning applications within Areas D, E and J of Commerce Park to automatically 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 relates to an existing industrial unit used for the manufacture of cosmetics, at the junction between Woodland Wat and Cornbrash in Commerce Park.

The application seeks full planning permission to create some changes to the existing building to create a new staff entrance and windows to the west elevation and a new escape stair and windows to be to the south elevation. Changes are also proposed to the parking layout and HGV access. The new windows and doors would match the existing in design, material and colour.

Relevant History:

108277/056 - Erection of a building with mezzanine for use classes B1, B2 and B8 uses (business, general industrial and storage/distribution) (amendment to planning permission 108277/050) Approved with Conditions 31.03.2009

2012/2662 - New fire exit door at high level on east elevation, and galvanised steel escape staircase. Approved with Conditions 07.03.2013

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

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Beckington and Selwood Ward Member: No comments received.

Berkley Parish Council: No objection

Local Highway Authority (SCC Highways): No objection, subject to conditions  The revised site plan (Dwg No: A104B) showing both the existing access and the introduction of a new access at the end of the no through road is acceptable.  The developer should be made aware a highway licence will be required to make these changes, therefore they should contact the area highway office in Glastonbury to obtain full requirements if planning permission is granted.  The new parking layout as shown on the submitted plan proposes 86no parking spaces which increases the current 65no spaces by 21no spaces. The rationale behind the requirement for the extra parking spaces hasn't been provided but is acceptable. However, it is noted that 7no of these spaces appear to be tandem spaces, which will in all probability not work well in a commercial environment given that different vehicle owners will utilise each of the spaces.  The HA would recommend that these spaces are removed unless they can be appropriately managed.  The plans show parking for motorcyclists, cyclists, car share and car spaces for the disabled which are acceptable.  Recommends conditions: to ensure the proposed new access is constructed and motorcycle and bicycle parking is provided prior to occupation; and the areas allocated for parking shall be kept clear of obstruction at all times and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

Lead Local Flood Authority (SCC): No objection  Any increase to impermeable area should be accounted for, but we have no further comment on this site

MDC Drainage Engineer: Comments  It is difficult to see from the submitted documents whether there is any increase in hardstanding as a result of the proposed changes to the car park.  If the proposed additional area is not significant suggests that nothing is conditioned as it would just be added to the existing drainage for the site.  If it is a significant increase then need to see how the additional runoff is going to be managed.

MDC Environmental Protection: No objection

Crime Prevention Design Advisor: No Objection, subject to comments  Will access control be provided for the new HGV entrance?  Ensure security measures at the fire exit from the new mezzanine are commensurate with the risk

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 (adopted February 2013)

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 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  DP10 - Parking Standards  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 proposal forms minor alterations to the building, parking and access arrangements for an existing established business within Commerce Park, an allocated employment site within the development limits of Frome.

The principle of development is therefore considered acceptable in accordance with policies CP1, CP3 and CP6 of the adopted Local Plan Part 1 (2014).

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

The Crime Prevention Design Advisor raises queries which are to be passed onto the applicant and do not affect the determination of the application.

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:

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.

Assessment of Highway Issues:

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The proposal involves the retention of the existing access and the introduction of a new access at the end of the no through road. A swept path of a vehicle manoeuvring within the site has been provided which is acceptable and it is acknowledged that HGV's do not park on the site but come in load or unload and then leave the site. These revised access details have been reviewed by the Local Highway Authority (LHA) and are acceptable in planning terms and in principle in highway terms. However, a separate highway license would be required. An informative is recommended to this effect.

The new parking layout as shown on the submitted plan proposes 86no parking spaces which increases the current 65no spaces by 21no spaces. The rationale behind the requirement for the extra parking spaces has not been provided with the application, but has been reviewed by the LHA and is considered to be an acceptable increase. 7no of the spaces are tandem spaces, which are not supported by the SCC parking standards and will not work well in a commercial environment given that different vehicle owners will utilise each of the spaces and hence will need appropriate management. However given these 7 spaces (as depicted by red numbering on the submitted plan) are additional to the existing scenario and the proposal does not increase the parking requirement for the site, contrary to the LHA recommendation that they are removed, the officer recommendation is to only require the retention of the remaining 79 spaces in the recommended parking condition.

Although the LHA seeks a prior to occupation trigger to the conditions relating to the access; car; and motorcycle and cycle parking, as the unit is already operational and the parking and access changes are not required by the changes to the building, it is not considered reasonable to require such a trigger. Instead it is recommended to require the changes to the parking layout (with the exception of the rear of the tandem space, numbered 80-86 on the submitted plans) to be completed prior to the first use of the new access.

In summary, 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 4 of the National Planning Policy Framework.

Flood Risk and Drainage

The site is located within Flood Zone 1 (low risk). The development would not result in an increase in the footprint of the building itself and would only result in a marginal increase in impermeable surface area in the yard, which would link to the wider Commerce Park drainage network. The proposal is therefore acceptable in terms of flood risk and drainage in accordance with Policies DP7, DP8 and DP23 of the adopted Local Plan Part 1 (2014).

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 support the operation of an established business in an allocated employment site. The design would be in keeping with the existing development, and the proposal would have no adverse impacts in term of residential amenity, highways or drainage.

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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 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. All practical measures for the conservation of energy have been included in the design, layout and siting of the proposal.

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 (Spatial Strategy), CP3 (Business Development and Growth), CP6 (Frome Town Strategy), DP1 (Local Identity and Distinctiveness), DP7 (Design and Amenity), DP8 (Environmental Protection) DP9 (Transport Impact of New Development), DP10 (Parking Standards) DP20 (Reuse of Employment Sites) and DP23 (Managing Flood Risk). National Planning Policy Framework The Countywide Parking Strategy (2013)

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) This decision relates to the following drawings: A100 LOCATION PLAN A104B PROPOSED SITE PLAN A201 PROPOSED ELEVATIONS A102E PROPOSED FIRST FLOOR PLAN G04Q EXISTING ELEVATIONS G7K EXISTING GF PLAN & SITE PLAN G06M EXISTING FIRST FLOOR PLAN Reason: To define the terms and extent of the permission.

3. Vehicular Access (Compliance) The vehicular access hereby approved shall not be brought into use until it has been constructed in accordance with details shown on Site Plan Dwg No: A104B. The vehicular access 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).

4. Parking (Bespoke trigger) The new access shall not be brought into use until the car, motorcycle and cycle parking has been laid out and provided in accordance with Site Plan Dwg No: A104B, with the exception of the parking spaces 80-86 (depicted in red on the approved plan), which are optional. The parking layout should be retained permanently thereafter in accordance with those details.

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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). List of Advices

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.

3. The applicant is advised of the need to consult the Highways Department, Somerset County Council (Tel:- 01458 837100) prior to commencing works adjacent to the public highway.

4. 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.

Planning Board Report 20th November 2019 Page 102

Agenda Item No. DM10

Case Officer Miss Jennifer Alvis

Site 83 Wells Road Glastonbury BA6 9BY

Application Number 2019/1663/HSE

Date Received 8th July 2019

Applicant/ Mr Stephen Mansbridge Organisation

Application Type Householder Application

Proposal Proposed Driveway with hard standing for 2 vehicles and sufficient width for turning.

Ward Glastonbury St Johns

Parish Glastonbury Town Council

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Ward Member/ Chair and Vice Chair Referral

Referred to planning board at the request of the Chair following the ward member declaring an interest in this application.

Description of Site, Proposal and Constraints:

The application relates to 83 Wells Road a detached two storey property located within the development limits of Glastonbury.

The application seeks approval for the creation of a driveway and turning area to the front of the property with access from Wells Road.

Relevant History:

a) 102612/002 - Creation of driveway with hardstanding for 2 vehicles – Approval – Jan 2004

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

Ward Member: No Response

Town/Parish Council: Recommend refusal for the following reasons;  Proposed access is close to the junction which serves St Dunstan's School and could create a pedestrian safety hazard.  Access is over a 'hatched' area for which visibility could be impaired.  A street lamp near the proposed driveway entrance could impede visibility

Highways: Standing Advice

Local Representations: One letters of representation citing;

Planning Board Report 20th November 2019 Page 103

 Concerns over the amount of proposed hardstanding which slopes back from the road as this could cause water run-off to go back into their property.  Suggests that a suitable soak away is implented to mitigate this impact.

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

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

 CP1: Spatial Strategy  DP1: Local Identity and Distinctiveness  DP7: Design and Amenity of New Development  DP9: Transport  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 development relates to the creation of an access and hardstanding within the residential curtilage of a dwelling house and is therefore acceptable in principle. A previous application for the same proposal was approved on the site in 2004 but has since lapsed, this application seeks to renew this approval.

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

The host property is a detached dwelling located within the development limits of Glastonbury. The proposal is seeking to remove part of the boundary wall to the front of the property to create an access from Wells Road with associated paved hardstanding. This is a common feature along Wells Road, where the majority of properties already have an access and parking area within their front gardens. Therefore it’s considered that the proposal would not have a detrimental impact on the street scene and 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 paving is to be at ground level so will not have a detrimental impact on neighbours in terms of overbearing, overshadowing, loss of light, loss of privacy, noise or smell. Concerns were raised by the occupiers of the neighbouring dwelling regarding the possibility for water run-off to flow back into their

Planning Board Report 20th November 2019 Page 104 property. This is also highlighted in the standing advice from Highways which encourages the use of positive drainage to prevent discharge of water into the adopted highway or other private property. Therefore it’s considered reasonable to apply a condition which requires suitable drainage to be provided within the development site.

Given the above it’s considered that the proposed development would not cause significant harm to the amenities of any occupiers or adjacent occupiers and therefore thee 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 Parish Council have recommended refusal due to potential highway safety concerns however through their consultation response the Highway Authority have not highlighted any specific concerns instead referred to standing advice.

The scope of the proposals includes a proposed parking and turning area that will measure 14 metres in length and 13 metres in width allowing adequate space for the parking and turning of 2 vehicles. The entrance will be 3 metres wide. Overall the details are compliant with the standing advice requirements for the application scheme. Furthermore the existing wall and neighbouring hedge are of a height which will not obstruct visibility.

Although the access will be near the junction with the road which leads to St Dunstan’s School, it’s not considered so close that this could cause an issue from a highway safety perspective given the slow speed traffic will be travelling at when entering or exiting this junction. The access will be to the south of the hatched area which is currently frequently occupied by parked cars. The creation of this access will prevent cars from parking in this position on the road and therefore increase visibility from the junction. It will also take 2 parked cars off the road by creating an off road parking area for the occupiers of 83 Wells Road.

Overall therefore it is considered that 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:

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:

In conclusion it is considered that the proposal can accommodate the vehicular movements onto and off the highway in a safe manner and which would not result in detriment to the safety of other users of the public highway. Furthermore there are no identified amenity impacts arising for the occupiers of the neighbouring properties. The proposal is therefore deemed acceptable.

Planning Board Report 20th November 2019 Page 105

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), DP9 (Transport) and DP10 (parking) of the Mendip District Local Plan 2006-2029 (Part 1 Strategies and Policies - adopted15th December 2014) National Planning Policy Framework Planning Practice Guidance The Countywide Parking Strategy (2013) The Household Extension Design Guide

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) This decision relates to the following drawings: Location Plan and Site Plan received 2nd August 2019 Reason: To define the terms and extent of the permission.

3. Materials (Compliance) The development hereby approved shall be carried out using external facing materials as specified on the application form. Reason: In the interests of the appearance of the development and the surrounding area in accordance with Policy DP3 and DP7 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

4. Surface Water Drainage (Bespoke Trigger) The parking area hereby permitted shall not be brought into use until a suitable drainage system is in place to prevent water run-off from going onto the adopted highway or neighbouring private property. Reason: To ensure that an appropriate method of surface water drainage is installed and in the interests of flood risk management and highway safety in accordance with Policies DP9, DP10 and DP23 of the Mendip District Local Plan Part 1: Strategy & Policies 2006-2029 (Adopted 2014).

List of Advices

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:

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.

Planning Board Report 20th November 2019 Page 106

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 Ј116 per request (or Ј34 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. 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. 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.

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/

5. The applicant is advised of the need to consult the Highways Department, Somerset County Council (Tel:- 01458 837100) prior to commencing works adjacent to the public highway.

Planning Board Report 20th November 2019 Page 107