Planning Board DATE: 18th July 2018 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. 1 TABLE OF CONTENTS Planning Board - 18th July 2018 Item Page Application Ward/Site Case Number Officer DM01 3 2015/0527/OTA Land South Of Stocks Mr Daniel Lane, North Wootton, Foster Shepton Mallet Croscombe And Pilton DM02 17 2018/0229/FUL Carpark Of Kudos Night Miss Club , Princes Road, Lynsey Wells, BA5 1TE Bradshaw Wells St Cuthberts DM03 28 2018/0433/FUL Land At Dyehouse Lane, Anna Glastonbury, BA6 9QS Clark Glastonbury St Benedicts DM04 36 2018/0077/HSE The Old Butcher Shop , Mr Ditcheat, Shepton Mallet Howard Warren The Pennards And Ditcheat DM05 40 2018/0078/LBC The Old Butcher Shop , Mr Ditcheat, Shepton Mallet Howard Warren The Pennards And Ditcheat 2 Agenda Item DM01 No. Case Officer Mr Daniel Foster Site Land South Of Stocks Lane North Wootton Shepton Mallet Application 2015/0527/OTA Number Date Received 2nd March 2015 Applicant/ Mr + Mrs P + M Gordon Organisation Application Outline - All Matters Reserved Type Proposal Outline planning for 5 affordable dwellinghouses and 1 open market dwellinghouse (amended description and information received 6th February 2018) Ward Croscombe And Pilton Parish North Wootton Parish Council This application is referred to Planning Board for a decision as it relates to the re-determination of the planning application following the original approval being quashed in the Court of Appeal in November 2017. As the Council’s original decision was quashed this requires the Local Planning Authority to re-make the decision on a proper basis and having regard to the decision of the Court. Description of Site, Proposal and Constraints The application relates to land south of Stocks Lane, North Wootton. The application seeks outline planning permission with all matters reserved for subsequent approval, those being matters related to the (a) layout (b) scale (c) appearance (d) access and (e) landscaping of the site. The application now seeks permission for ‘up to’ 5 affordable homes and 1 open market dwelling house. The application describes the affordable units as 2 x 2 bed units and 3 x 3 bed units, while the private dwelling is cited as a 4 bed. The applicant has, following the quashing of the original decision, amended the scheme in the following ways: 3 • A revised description of development is now proposed with 5 instead of 6 affordable units • A revised Outline Drawing • Revised Design & Access Statement, including Revised Financial Statement • Updated Ecology Survey • New drainage details Legal background (summary) Outline planning permission was granted by the Council’s Planning Board for ‘upto six affordable housing units and 1 open market dwelling’ in May 2016 contrary to the Officer’s recommendation. The Officer’s report, at the time, had recommended permission was refused on the following grounds (summarised): 1. The scale of the development proposed (up to 6 dwellings) was not necessary to meet a clearly identified need for affordable housing. 2. It has not been demonstrated that would proposed arrangements for cross-subsidising the affordable housing by the market housing component, would satisfactorily allow for the affordable homes to be retained in perpetuity for occupation by those in housing need. 3. The proposed development, by reason of its scale and extent, and the proposed position of the market house in a location separate from the affordable housing, would result in unnecessary encroachment of development, harming the character and appearance of the countryside and failing to allow for integration between the different tenures of accommodation. The planning approval was subsequently challenged in the High Court by a local resident on four grounds. His Honour Judge Jarman QC rejected the claim on all grounds in a decision dated 3rd November 2016. However, subsequent permission to appeal the High Court decision was granted on one ground only; namely whether the Council had misinterpreted Policy DP12 if it considered the grant of permission was in accordance with that policy. The Court of Appeal (McFarlane and Sales LJJ) allowed the appeal and quashed the grant of planning permission (in a decision dated 7/11/17). The Court of Appeal held that the language of policy DP12(1)(a) is clear and the development must do no more than provide affordable homes that meet a clearly identified need for affordable housing as identified in the latest Local Housing Needs Assessment specific to that settlement. The Court of Appeal decision confirmed that ‘meet’ bears its ordinary meaning of meeting but not exceeding – the Council’s decision to grant planning permission for ‘upto six dwellings’ did not therefore comply with DP12 as the number of affordable housing units permitted exceeded the identified need (of five units). Summary of Parish Council comments, representations and consultee comments 4 Case officer note: The amended description and plans reducing the scheme to five affordable units have been subject of a formal re-consultation exercise, a summary of the latest responses is provided below. North Wootton Parish Council (have responded on three separate occasions to the re- consultation – the comments below are verbatim) 7/3/18 - North Wootton parish council resolved to support this application by a majority decision of two votes to one. 13/3/18 - Please find additional information that North Wootton PC would kindly ask is placed on MDC's website in support of the statement sent through concerning the decision of this parish council to support the application by a majority of two to one. Our response to the consultation was initially brief to communicate the parish council's decision within the timescale afforded to us but given the importance of this decision to the community, we would be grateful if these further observations were added to our initial comment. "Following our report on 7th March regarding this application the Parish Council considers that it ought to explain the thoughts behind its decision. A special meeting was called for 6th March to discuss this Outline application - unfortunately only three of the five elected councillors were able to attend but this number formed a valid quorum. The public meeting was attended by some forty members of the village reflecting the strong interest/feeling still apparent amongst the community regarding this application. The chairman allowed agreed speakers to address the council - three in support and three opposed to the development. The applicant had responded to an earlier appeal for sites to be put forward for use to provide affordable housing within the village but many residents are doubtful that there remains a valid demand for such housing as the last Housing Needs Survey available is from 2013. After the public statements had been allowed, the Chairman reconvened the meeting to allow the three councillors present to debate the Outline application. The Council had previously expressed concerns about the layout of the units but some of these concerns have been reflected by reducing the numbers of affordable homes from 6 down to 5 and amending the size of two of them. The council acknowledges that final details of the houses though will be the subject of a subsequent Reserved Matters application so did not need to be considered at this recent meeting. Council are aware that under Policy DP12, Mendip District Council requires formal support from the Parish Council for these affordable housing schemes and these must be supported by an 'up to date' housing needs survey. One councillor felt that the 2013 survey may not adequately reflect the current need but two councillors were satisfied that the result of the 2013 survey could still be relied upon. On a vote therefore the decision to support the application was passed by two votes to one. In the event that the application goes to Planning Committee the Parish Council would like the opportunity to address the meeting to confirm these observations" 8/5/18 - At a meeting held on 6th March 2018 a majority voted in favour of building 5 Affordable Homes, together with one market value residential house, as supported by the latest Housing Needs Survey, subject to new and more detailed plans." Housing Enabler 5 The difference between this proposal and that of the previous application (approved 13th May 2016) - is in the reduction of one affordable home, which is to address an issue raised by a recent Judicial Review Process. In the context of policy - it is being promoted through Rural Exception Site Policy and MDC's Local Plan Policy - DP12. Rural exception site policies have a specific purpose - it is there to help support communities with the provision of affordable housing. This is usually on sites outside of an identified settlement boundary, or in areas that would not normally receive planning consent, or where market housing would not normally be acceptable.