B&NES Local Plan 2016 – 2036 Focussed Consultation

Land at Road,

Representations on behalf of Taylor Wimpey UK Ltd

Arpil 2019

Mendip District Council Local Plan Part II: Focussed Consultation

Land at Chilcompton Road, Midsomer Norton

Representations on behalf of Taylor Wimpey

April 2019

Mendip District Council Local Plan Part II Focussed Consultation Land at Chilcompton Road, Midsomer Norton

Representations on behalf of Taylor Wimpey

Project Ref: 26576/A3/ Status: Draft

Doc: P1 Date: April 2019

Prepared by: Lawrence Turner Checked by:

Authorised:

Barton Willmore LLP 101 Victoria Street BS1 6PU

Tel: 0117 929 9677 Ref: 26576/A3/ Date: April 2019

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Introduction

1.0 INTRODUCTION

1.1 These representations are submitted on behalf of Taylor Wimpey in respect of a cross- boundary site at Chilcompton Road, Midsomer Norton in response to the Mendip District Council Local Plan Part II Focussed Consultation. The representations provide comments in relation to the Proposed Changes Modifications contained at Document SD2a, in light of our previous comments.

1.2 The site comprises farmland immediately to the south of the urban limits of Midsomer Norton, offering an opportunity to provide a logical extension to the town. The total land under Taylor Wimpey’s control measures 12.7ha, of which 5.32ha is proposed for new homes and 7.38 as public open space and green infrastructure. A location plan is enclosed at Appendix A.

1.3 Figure 1 below identifies the proposed 5.32 hectares of land for new homes outlined in red. For reference, the Mendip / BaNES local authority boundary is shown in blue.

Figure 1

1.4 As depicted above, the majority of built development (approximately 100 homes) is promoted on land falling within the administrative district of B&NES.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Introduction

1.5 The concept masterplan (enclosed at Appendix 2) for the site is depicted below at Figure 2, which also shows the remaining 7.38 hectares of land within Mendip District Council. This land is promoted for:

• the remaining small element of housing (approximately up to 20 homes); • new public open space for the residents of the town; • tree planting; and • supporting local infrastructure potentially including a cemetery (at the request of the Town Council).

Figure 2

1.6 The site is separated by Chilcompton Road, with much of the site situated to the east of the road. Two public rights of way transverse the site allowing for pedestrian access to the residential development to the north of the site.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Introduction

1.7 On-going discussions with Midsomer Norton Town Council and B&NES have identified that the site has capacity to deliver in the region of 100-120 homes on the land closest to the town and on land that benefits from being in Flood Zone 1 (low probability of flooding). The town council has requested that additional land also be provided for public open space and other supporting infrastructure on the southern part of the site to meet local needs.

1.8 We made representations to the B&NES Options Consultation for the new Local Plan in January 2019, which set out proposals to deliver B&NES’ non-strategic target of 700 new homes. We supported the Council’s Option 1, which focussed development at Midsomer Norton, and Timsbury, as sustainable settlements which have capacity to deliver new homes. To this end, we also supported the provision for at least 200 homes at Midsomer Norton, as identified by Diagram 4 of the B&NES Options Consultation document (Option 1), with Taylor Wimpey’s site identified by B&NES by the purple spot to the far south west of the town. An extract is provided at figure 3 below.

Figure 3

1.9 Notwithstanding the above, as set out in the Localism Act (2011), local authorities have a legal duty to cooperate and engage constructively to maximise the effectiveness of local plan preparation in the context of strategic cross boundary matters. Mendip will need to demonstrate that they have complied with the duty to cooperate in relation to the Local Plan test of soundness.

1.10 Land at Chilcompton Road can deliver much needed housing, including affordable homes in a sustainable location adjacent to a town that boasts a range of services and amenities.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Introduction

The site provides an opportunity to address specific affordable needs in both Mendip and B&NES and promote cross boundary working.

1.11 Land at Chilcompton Road is a sustainable site in the context of Midsomer Norton. It borders existing residential development and is in walking and cycling distance of a range of amenities and facilities within the town. It is a deliverable site with no technical constraints that would prevent development and is therefore considered appropriate for residential development.

1.12 The Local Plan Part II has been produced following the adoption (December 2014) of the Mendip District Local Plan Part I, which covers the period 2006 to 2029. The Local Plan Part I sets out a long-term strategic vision for the future of the District and how it will develop over the next fifteen years.

1.13 The Part II plan allocates additional sites for housing, employment and community facilities across Mendip in line with the intention of the policies in the Part I document. The purpose of the Mendip District Local Plan Part II (Sites and Policies) is stated as being to:

• Identify and allocate additional sites for housing to meet the requirements for affordable and market housing set out in Local Plan Part I;

• To ensure there are sufficient sites to enable a rolling five-year supply of housing land in the District and to meet the housing delivery test;

• To review and allocate additional employment land to support economic development;

• To review and update development limits around the towns and villages;

• To review and update the open and community space designations; and

• To set out additional development management policies to meet objectives in Local Plan Part I and the NPPF.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II The Site

2.0 THE SITE

2.1 The site measures approximately 12.7 ha and is located on the south-western boundary of Midsomer Norton. The site is approximately a mile from the town centre which has a range of services and amenities including:

• Post office; • Library; • Food store; • Sports facilities; • Public Houses; • A primary school; and • Shops.

2.2 The closest bus stop is immediately north of the site on Chilcompton Road. The bus service runs into Midsomer Norton and in the opposite direction, to Chilcompton which has a post office, library, public house and primary school.

2.3 The site is bordered to the north and in part in the east by existing residential development. To the south is open greenfield land and the and to the east open greenfield land stretching to Clapton.

2.4 The concept masterplan demonstrates how:

• Vehicular, cycle and pedestrian access can be achieved from Chilcompton Road via new junctions; • Public Rights of Way can be maintained on their existing alignments; • New public open space can be created adjacent to the River Somer and along Chilcompton Road; • The provision of children’s play areas and trim trail within public open space; • The ability for new homes to front on to the new open space to improve natural surveillance; • Street hierarchy created with main residential roads providing access to shared surface streets and private drives; • The ability to accommodate drainage attenuation within public open space adjacent to the River Somer; • The retention of most of the existing hedgerows and trees; • Retention of all veteran trees; • New tree planting along boundaries adjacent to existing properties, to screen development; and • The potential to provide a burial ground on land to the south of the River Somer at the request of Midsomer Norton Town Council.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Duty to Cooperate

3.0 DUTY TO COOPERATE

3.1 The duty to cooperate under the Localism Act (2001) places a legal duty on planning authorities to engage constructively and actively on an on-going basis to ensure the effectiveness of their Local Plans.

3.2 There is, therefore, a requirement for Mendip and B&NES councils to make every effort to secure the necessary co-operation on cross-boundary matters before submitting their plans for examination.

3.3 The NPPF (paragraph 35) requires that a local plan is positively prepared to deliver development, and in accordance with the Localism Act this requires co-operation with neighbouring authorities.

3.4 On this basis, there is a legal requirement for Mendip District Council to work with B&NES beyond its own administrative boundaries to help deliver the housing needs of both B&NES and Mendip councils.

3.5 As stated previously, much of the built development promoted at Chilcompton Road is proposed with the administrative district of B&NES. However, an element of housing; public open space; tree planting and supporting local infrastructure is proposed within Mendip’s administrative area.

3.6 In order to meet the housing needs of both B&NES and Mendip, land at Chilcompton Road requires effective joint working between both authorities and land allocated in the Mendip Local Plan Part II as a cross boundary site.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Mendip Housing Requirement

4.0 MENDIP HOUSING REQUIREMENT

The Local Plan sets a requirement for an additional 505 homes to be allocated across the district by the Mendip Site & Policies Plan, which can include land adjacent to Midsomer Norton.

4.1 The Mendip Local Plan Part I: Strategy and Policies (2006-2029) was adopted in December 2014. Core Policy 2 (Supporting the Provision of New Housing) provides for a minimum of 9,635 additional dwellings over the plan period.

4.2 The policy provides for a hierarchy of delivery as set out below:

New Annual % of the Settlement Homes target district 2006-2029 provision requirement

Frome 2,300 105 25% 1,000 45 11% Towns 1,300 60 14% Street 1,300 60 14% Wells 1,450 65 16% 16 Primary Villages, 13 Villages 1,780 80 20% Secondary and other Villages Additional requirement District 2011 to 2029 as per 4.21 505 of the supporting text

Total Mendip District 9,635 420 100%

4.3 Paragraph 4.21 indicates that the rolling forward of the plan period to 2029 will result in an additional requirement for 505 dwellings in the District which will be addressed in the Local Plan Part II: Site Allocations document.

4.4 Allocations from the ‘roll-forward’ can include land in the north/north-east of the District primarily adjacent to the towns of Radstock and Midsomer Norton in accordance with paragraph 4.7. This reflects the progress made to date by B&NES in the preparation of its Local Plan and the identification of Midsomer Norton and Radstock as sustainable locations, capable of supporting additional housing growth.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Mendip Housing Requirement

As one of the largest towns, there is a strong relationship between Midsomer Norton and the northern fringe of Mendip district, however, the consultation draft Mendip Site & Policies Plan fails to allocate any strategic or local growth in this area.

4.5 Paragraph 4.7 of the Local Plan Part I acknowledges the relationship the towns of Radstock and Midsomer Norton have with Mendip, the paragraph outlines:

“The towns of Radstock and Midsomer Norton lie on the northern fringe of Mendip district. The main built extent of these towns lie in Bath and North East ; but some built development exists within Mendip and other built and permitted development immediately abuts the administrative boundary. This Local Plan, whilst taking into account development opportunities on land abutting the towns, does not make any specific allocations for development, particularly for housing. The Council will consider making specific allocations as part of the Local Plan Part II Site Allocations to meet the development needs of Mendip which have not been specifically allocated to any particular location in this Part I Local Plan. In the event that such allocations are considered, this will be undertaken in consultation with B&NES and local communities. Any impact on infrastructure in B&NES such as education, transport or community facilities, will be addressed either through s.106 contributions or through CIL arising from new development in Mendip”.

4.6 In examining the Local Plan Part I (October 2014), the Inspector highlighted that the local planning authority should consider sites on the periphery of the District stating:

“What the Plan does not deal with, however, is whether such sites should be considered through the Local Plan Part II Allocations document as a way of meeting Mendip’s own development needs. No substantial evidence has been put forward to suggest that sites on the edge of these towns should be ruled out as possible alternatives for such local, as opposed to strategic, allocations. However, such allocations would need to be considered in conjunction with B&NES and local communities and arrangements would need to be made to deal with any impact they might have on infrastructure in B&NES. The Plan is therefore, unjustified, and hence unsound in this respect. The Council proposes to remedy this element of unsoundness by making specific reference to the role that these towns play in Mendip and to the possibility that sites on the edge of them will be considered for allocation in order to meet Mendip’s housing needs”

4.7 However, the Local Plan Part II does not allocate any land at Westfield, Midsomer Norton and Radstock. Paragraph 3.34 indicates that:

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Mendip Housing Requirement

“No land is allocated in these locations as there are sufficient sites in Mendip settlements which are bettered placed to fulfil the district’s housing and employment needs. In addition, the adopted development Plans for Bath and NE Somerset and recently published West of Joint Spatial Strategy do not consider this area as a sustainable location for additional housing growth.”

4.8 This statement is somewhat misleading. The Joint Spatial Plan is a strategic plan identifying the most appropriate spatial strategy and strategic locations for growth across the West of England (2016-2036). It will provide a strategic overarching framework for the four local authorities setting out the number of homes that will be required to be delivered.

4.9 Within B&NES, the JSP has indicated that the majority of new homes will be allocated at Whitchurch and North as they are the most sustainable settlements within the district.

4.10 The JSP has not indicated that Midsomer Norton is an unsustainable location for additional housing growth, to the contrary it recognises the Somer Valley and the Enterprise Zone and the role it must play in contributing to employment growth.

B&NES has consulted on the distribution of non-strategic growth across the district, which includes our site at Midsomer Norton.

4.11 The latest B&NES January 2019 Options Consultation document outlines 3 key options to deliver the District’s proposed 700 new homes:

• SS1 Option 1 - Focused Approach avoiding the Greenbelt; • SS2 Option 2 – More dispersed approach avoiding the Greenbelt; and • SS3 Option 3 – Combination of locations outside and within the Green Belt.

4.12 We supported Option 1 which focusses development at Midsomer Norton, Radstock and Timsbury to be sustainable settlements which have capacity to deliver new homes. We agree with B&NES that Midsomer Norton has a good range of services and facilities and we consider the town is the most sustainable town to deliver non-strategic growth in the district. In particular, we supported B&NES’ proposals for the provision of 200 homes at Midsomer Norton and the identification of our site (shown at Figure 3 above).

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Mendip Housing Requirement

4.13 It is was, therefore, previously misleading for the Local Plan Part II to state that this area is an unsustainable location for additional housing growth. To this end, we note and support Modification PC2 which deletes the council’s previous statement that this was not a sustainable location. The paragraph is replaced with a simple statement that the location is not identified in the JSP:

“This is not a location identified in the submitted West of England Joint Spatial Strategy for strategic growth or local growth in the adopted local plans for Mendip and Bath & NE Somerset. Additional development would be a matter to be discussed under the duty to co-operate when respective Local Plans are reviewed.”

We consider that this statement should be amended to reflect the current position at the B&NES local plan review - that Midsomer Norton is proposed as an option at Policy SS1 of the B&NES Options Consultation document (January 2019) for the delivery of 200 homes and as such a sustainable location. To this end, Policy SS1 of the B&NES Options Consultation document states:

"Midsomer Norton, Westfield and Radstock have a good range of services and facilities to meet the daily needs of residents and workers. Development with appropriate on-site facilities will improve accessibility for new as well as existing communities..."

The duty to co-operate is, therefore, extremely important for both local authorities to ensure that the most sustainable locations for non-strategic growth in B&NES and Mendip are pursued. There is a need to assess all reasonable alternatives as required by the Mendip Local Plan Inspector.

4.14 As set out in Core Policy 2 of the Local Plan Part I, 505 additional dwellings are required in the District as per 4.21 of the supporting text. However, the Local Plan Part II indicates (para. 3.33) that the local authority believes that this number has been met through non- Plan commitments and this does not need to be specifically addressed in Local Plan Part II.

4.15 However as set out in the Inspector’s Report the Local Plan Part I was considered unsound and unjustified as it did not consider the role of Radstock and Midsomer Norton and how the sites on the edge of these settlements could meet Mendip’s housing needs.

4.16 Local Plan Part I had to recognise sites on land in the north/north-east of the District primarily adjacent to the towns of Radstock and Midsomer Norton to be sound and

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Mendip Housing Requirement

justified. We do not consider that the Local Part II has fulfilled this obligation as it has not considered or assessed such sites.

4.17 There is a clear requirement to provide these additional 505 homes in the District (as set out in Core Policy 2). However, these homes have been captured and delivered through additional development in the main towns. The Local Plan Part II has not considered reasonable alternatives and is therefore unsound.

Mendip Housing Supply Objectives: Delivery of Affordable Homes

4.18 Objective c of the housing supply objectives in the Local Plan Part II is to ‘to provide opportunities to increase delivery of affordable housing’. Evidence from the SHMA re- iterates the need to make the maximum use of the development plan to deliver affordable housing and particularly housing for social rent.

4.19 The Local Plan Part I makes the provision for 2,500 affordable homes over the lifetime of the Plan. The schedule of Proposed Changes (SD2A) (Modification PCa) provides an update of affordable housing estimates to reflect the council’s latest 2018 housing trajectory. This reduces the previous estimate of affordable homes delivery by the end of the plan period from 1,524 homes to only 1,300 homes. This is 1,200 homes short of the 2,500 target. This represents a significant shortfall and worsen trend.

4.20 Land at Chilcompton Road could help deliver more affordable homes for the District by delivering development on the site. The site could respond to specific affordable local needs and could deliver in excess of the 30% of affordable housing required by Policy DP11: Affordable Housing subject to discussions with local planning authority.

4.21 The pre-submission draft outlines that Mendip consider the role of re-examining housing requirements is best considered through the single Local Pan Review which is to follow the adoption of Local Plan Part II. The LDS commits to a full single Local Plan of the Mendip Plan commencing in 2018 considering the updated changes to the NPPF and national planning guidance.

4.22 However, as set out in paragraph 31 of the NPPF each local planning authority should ensure that the Local plan is underpinned by relevant and up-to-date evidence about the economic, social and environmental characteristics and prospects of an area. The SHMA and OHAN provide the most up to date evidence base and should therefore be used to plan for the right number of homes in the right locations as set out in the Housing White Paper (February 2017).

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Conclusion

5.0 CONCLUSION

5.1 These representations are submitted on behalf of Taylor Wimpey in respect of a cross- boundary site at Chilcompton Road, Midsomer Norton in response to the Mendip District Council Local Plan Part II Focussed Consultation.

5.2 The enclosed masterplan demonstrates that the majority of new homes can be accommodated on the site within the administrative boundary of B&NES, contiguous with the urban limits of the town.

5.3 The land to the south of the new homes crosses into the administrative district of Mendip, where additional land is proposed to provide new public open space, tree planting and land for supporting local infrastructure to meet the local needs of the town.

5.4 The Mendip Local Plan Part I sets a requirement for an additional 505 homes to be allocated across the district by the Mendip Site & Policies Plan, which should include land adjacent to Midsomer Norton.

5.5 As one of the largest towns, there is a strong relationship between Midsomer Norton and the northern fringe of Mendip district, however, the consultation draft Mendip Site & Policies Plan fails to allocate any strategic or local growth in this area – and contrary to the recommendations of Local Plan Inspector there has not been any assessment of reasonable alternatives in this regard.

5.6 B&NES has consulted on the distribution of non-strategic growth across the district, of which the council’s first option included the delivery of 200 homes at Midsomer Norton and identifying this site as one location. The duty to co-operate is, therefore, extremely important for both local authorities to ensure that the most sustainable locations for non- strategic growth in B&NES and Mendip are pursued.

5.7 Notwithstanding the above, Mendip should seek to deliver beyond their minimum Local Plan housing requirement in accordance with the most up to date evidence. This will assist in delivering the right number of homes within the district to meet housing need, specifically affordable need.

5.8 Land at Chilcompton Road is a sustainable site. It borders existing residential development and is in walking and cycling distance of a range of amenities and facilities within the town.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Conclusion

5.9 The site is a deliverable site that is available now and offers a suitable and sustainable location for residential development.

5.10 Land at Chilcompton Road can deliver much needed housing (in the region of 100-120 homes), including affordable homes in a sustainable location adjacent to a town that boasts a range of services and amenities. The site provides an opportunity to address specific affordable needs in both Mendip and B&NES and promote cross boundary working.

5.11 We consider that the Mendip Sites & Policies Plan provides an opportunity for both Mendip and B&NES local authorities to respond positively and proactively to delivering housing requirement across their authorities. As a sustainable site, the land at Chilcompton Road represents a logical extension to the town of Midsomer Norton and should be allocated for residential development.

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FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Appendices

APPENDIX A Location Plan

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18 23

14

3 12

FOLLY CLOSE

1

1 9

Riverside Gardens

5 2

Track 4 10

Westerly El Sub Sta

Meadow

Croft 44

Drain 46

114.0m 38 34

6

RIVERSIDE WALK

54 56

5

1 4 The Old Pump House 11

Chilcompton Road

Foot Track Bridge

River Somer 110.9m

111.3m

Dismantled Railway client: job number: drawing number: Taylor Wimpey TAY101 1001 Site Location Plan project: scale drawn 1:2500@A3 AJ Path (um) Chilcompton Road, Midsomer Norton date: status: Site boundary - 12.7ha drawing title: February 2018 DRAFT Site Location Plan

1:2,500 urbandesignbox.co.uk Copyright of Urban Design Box. This drawing is for illustrative purposes only and should not be used for any construction or estimation purposes. No liability or responsibility is accepted arising from reliance upon the information contained within this drawing. DO NOT SCALE DRAWINGS. 0 100m FOCUSSED CONSULTATION ON MENDIP LOCAL PLAN PART II Appendices

APPENDIX B Concept Masterplan

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14 3 12 Masterplan Principles

FOLLY CLOSE

1

1 9 1 Access for all modes from Chilcompton Road via new junctions on realigned road. 2 Public Rights of Way maintained on their existing

7 5 alignments, and new footpaths link to these.

2 3 Public open space adjacent to River Somer;

Track 4 entrance space around existing tree along Chilcompton Road. 10 4 Play area and trim trail within POS. Westerly El Sub Sta 5 Buildings front on to POS to improve natural surveillance. 6 Street hierarchy created with main residential 6 Meadow Croft roads providing access to shared surface streets 44 and private drives. 7 Focal buildings terminate views within the scheme 8 Drainage attenuation located within POS adjacent

3 46

Drain 10 to the River Somer. 38 9 Majority of existing hedgerows and trees retained. 114.0m

10 New tree planting along boundaries adjacent to 34

6 existing properties, to screen development. 5 1 11 Cemetery access and parking provided to the south of the River Somer.

4 12 Potential for Chapel on site for burial services.

RIVERSIDE WALK 54 13 Burial plots laid out around central memorial garden.

56 14 Retained agricultural field adjacent to railway. Concept Masterplan community play area 9 6 5

Site boundary - 12.7ha 1 4

Potential access - all modes 5

Potential access - pedestrian / cycle The Old Pump House 11

Residential street 8 5 Foot Track Bridge Shared surface street

Private drive 3

Existing public right of way

New footpath

Public open space 3 2 Indicative development frontage River Somer 110.9m 11 Feature building 12 3 Proposed new trees 4 Schedule of Masterplan Areas River Somer Gross red line area: 12.73ha Existing trees retained (subject to survey) Net Residential Development: 3.54ha Public Open Space 3.57ha Existing hedgerows retained (subject to survey) 111.3m (including attenuation area) (TBCha) Cemetery/burial land 2.33ha 13 Retained agricultural land 2.88ha Flood risk area Non-developed land 0.41ha (including single sided roads)

POS Calculation: (POS can include childrens' play, kick Drainage area about and public open space) FIT Standard provision: 2.8ha / 1000 population. 120 units x 2.36(household) = 283 people Community play area / trim trail 283 x 2.8/1000 = 0.79ha min useable POS required

Land for cemetery 2 client: job number: drawing number: Taylor Wimpey TAY101 3203 Burial area within cemetery project: scale drawn Chilcompton Road, Midsomer Norton 1:2000@A3 AJ Potential chapel drawing title: date: status: Oct 2017 DRAFT Concept Masterplan Retained agricultural land 14 1:2,000 urbandesignbox.co.uk Copyright of Urban Design Box. This drawing is for illustrative purposes only and should not be used for any construction or BANES / Mendip administrative boundary estimation purposes. No liability or responsibility is accepted arising from reliance upon the information contained within this 0 100m drawing. DO NOT SCALE DRAWINGS.