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Case Officer Body Text Planning Board DATE: 19th October 2016 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. Planning Board Report 19th October 2016 Page 1 TABLE OF CONTENTS Planning Board - 19th October 2016 Item Page Application Number Ward/Site Case Officer DM01 04 2016/1686/FUL Land Adjacent To , Old Gore House, Dan Foster Bristol Road, Emborough, Radstock, Somerset, BA3 4SL Chewton Mendip And Ston Easton DM02 11 2016/1786/FUL Farleigh House And Castle Court , Carlton Church Farm Lane, Farleigh Langford Hungerford, BA2 7RW Rode And Norton St Philip DM03 17 2016/1925/REM Land At Yew Cottage, Newtown Lane, Kelly Pritchard West Pennard, BA6 8NL The Pennards And Ditcheat DM04 26 2016/1817/FUL Trees Farm, Rudge Lane, Standerwick, Carlton Frome, Somerset, BA11 2PT Langford Beckington And Selwood DM05 33 2016/1820/LBC 3 Market Place, Wells, Somerset, BA5 Jayne Boldy 2RF Wells Central DM06 37 2016/1901/FUL Drum House, Little Entry, Wells, Kelly Pritchard Somerset, BA5 2TP Wells St Thomas DM07 43 2016/1349/OTS 6 Frome Road, Rode, Frome, Carlton Somerset, BA11 6PW Langford Rode And Norton St Philip DM08 53 2016/1657/FUL The Stables, Crows Hill, Batcombe, James U’Dell Shepton Mallet, Somerset, BA4 6BN Postlebury DM09 62 2016/1842/HSE 4 Broadhay, Westbury Sub Mendip, Stephanie Lamb BA5 1JF Rodney Stoke And Westbury DM10 67 2016/1783/FUL Paywell Farm, Paywell Lane, Blagdon, Stephanie Lamb Bristol, BS40 7XL Chewton Mendip And Ston Easton DM11 71 2016/2108/HSE Lower Farm House, Faulkland, Lorna Elstob Radstock, Somerset, BA3 5XD Ammerdown DM12 75 2016/2109/LBC Lower Farm, Faulkland To Norton St Lorna Elstob Philip Road, Faulkland, Frome, Radstock, Somerset, BA3 5XD Planning Board Report 19th October 2016 Page 2 Ammerdown DM13 79 2016/1659/LBC Lower Farm House, Faulkland To Howard Warren Norton St Philip Road, Faulkland, Frome, Radstock, Somerset, BA3 5XD Ammerdown Planning Board Report 19th October 2016 Page 3 Agenda Item No. DM01 Case Officer Mr Daniel Foster Site Land Adjacent To Old Gore House Bristol Road Emborough Radstock Application Number 2016/1686/FUL Date Received 24th June 2016 Applicant/ Mr And Mrs M Crockett Organisation Application Type Full Application Proposal Proposed new dwelling on site of former petrol filling station and car sales (resubmission) Ward Chewton Mendip And Ston Easton Parish Ston Easton Parish Council The application is automatically referred to Planning Board for probity purposes as the planning agent is an elected Member (Cllr Drewe). Description of Site, Proposal and Constraints The application relates to land adjacent to Old Gore House, Bristol Road, Emborough. The site lies within a Water Source Protection Zone. The application seeks full planning permission for a proposed new dwelling on-site of former petrol filling station and car sales (re-submission). Summary of parish comments, any objections or conflict with the recommendation Ston Easton Parish Council Considered the above application at a meeting on 8th September and unanimously recommended approval. Highway Authority (Somerset County Council) Standing advice applies Environmental Health Officer (internal) This proposed dwelling is located adjacent to the busy A37 therefore the effects of traffic noise upon the internal and external amenity of this property is going to be a major consideration. Without a noise assessment, which assess the impact of road traffic noise and which recommendations suitable noise control measures to ensure the property meet the requirements of BS82333 (Sound insulation and noise reduction for buildings - Code of practice), we cannot support this application as it stands. Environment Agency Planning Board Report 19th October 2016 Page 4 We would currently have to object to this application due to lack of information needed to assess the risk to controlled waters. The development is situated within a Source Protection Zone Two as defined in the Agency's Policy and Practice for the Protection of Groundwater, which will require protection. The Envirosearch report submitted with this application shows the site is adjacent to a fuel station with historical tanks. Therefore, there is a risk that contamination from these tanks (leaks, spills) has migrated under the proposed site. Discharge of water to ground via soakaway and septic tank could potentially mobilise this contamination. The site lies within the source protection zone for a public water supply. Therefore, the contaminated water may make its way into the public water supply. The site will need to be investigated to determine the presence or absence of contamination. Therefore, a scheme that includes the following components to deal with the risks associated with contamination of the site should each be submitted to the Local Planning Authority (LPA): 1) A preliminary risk assessment which has identified: all previous uses, potential contaminants associated with those uses, a conceptual model of the site indicating sources, pathways and receptors, potentially unacceptable risks arising from contamination at the site. 2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. In addition, if the applicant wishes to discharge treated sewage effluent into a surface water or to ground the applicant may require an Environmental Permit from us. In some cases they may be able to register an exemption. Representations None received Relevant planning history There is a very extensive planning history for the site of which the most relevant to the current proposal are the following: 039866/011 – Outline application for one dwelling, refused and appeal dismissed 1997 039866/012 – Erection of one dwelling, refused 2000 039866/013 – Erection of a dwelling, refused 2001 039866/014 – Erection of two dwellings, refused 2003 039866/015 – Erection of one dwelling, refused and appeal dismissed 2004 Planning Board Report 19th October 2016 Page 5 039866/021 – Outline application for the erection of a dwelling and garage, refused 2008 2014/0238/FUL – Erection of single dwelling on site of redundant garage forecourt together with double garage and home office, withdrawn, 2014 2014/1766/FUL – Demolition and removal of existing buildings on a redundant garage and the construction of a single dwelling with a separate double garage and home office annexe, withdrawn, 2014 2015/1447/FUL – Construction of a 2 bedroom 'eco' house on the site of a redundant garage forecourt together with a double garage and home office, refused 2015 Summary of all planning policies 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: Development Plan Policies CP1 (Spatial Strategy), CP2 (Housing), CP4 (rural communities), DP1 (Local Identity and Distinctiveness), DP4 (Mendip’s Landscapes), DP5 (Biodiversity and Ecological Networks), DP7 (Design and Amenity), DP8 (Environmental Protection) DP9 (Transport Impact of New Development), DP10 (Parking Standards), DP14 (housing Mix), DP16 (Open Space and Green Infrastructure), DP19 (Development Contributions), of the Mendip District Local Plan Part 1 Strategy and Policies (adopted December 2014) Policies WCS1 (waste prevention) and WCS2 (recycling and re-use) of the Somerset Waste Core Strategy (adopted February 2013) Material Considerations National Planning Policy Framework Planning Practice Guidance Somerset County Council Standing Advice (June 2015) Assessment of relevant issues Principle This site has a long planning history with persistent applications made for a dwelling (or dwellings) which have been refused planning permission, including twice on appeal, as the site is in the open countryside well
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