Proposed erection of 17 residential units with ancillary car parking.

 

Ward: Frome

In accordance with the criteria for public speaking, Mr Shave of Bishops Frome Parish Council, and Mr Plumer an objector acting on behalf of local residents, spoke against the application. 

 

The Sub Committee discussed the application and noted the concerns raised by the parish council and local residents about the proposed density, car parking and lack of provision for pedestrians crossing a busy road.  Councillor PM Morgan the Local Ward Member noted that the applicants had tried to meet the requirements of the Council regarding these issues since the refusal of the original application in July. Although the density was still fairly high, the scheme complied with the planning requirements and the applicants had increased the carparking provision within the scheme.  Councillor WLS Bowen still had reservations about the proposed density and the safe access for children from the site to the play area elsewhere in the village.  Councillor KG Grumbley felt that the contribution by the developer within the planning obligation was rather low and that the developer could do more by providing safe footways from the site and traffic calming to the northern gateway of the village.  The Northern Team Leader said that it would not be practicable to provide a footpath from the site because there was no suitable land available.  He also said that it would be difficult on planning grounds to link the site to the north of the village for traffic calming.

 

Councillor P Watts asked whether the applicants could be obliged to provide street lighting and the Area Engineer (Development Control) said that there was no highways requirement for it and that in many cases local people did not want street lighting in the villages because of light pollution.  If it was required, the first step would be for the parish council to submit a formal request to the Council.  Councillor K Swinburne shared the concerns of the parish council and felt that the needs of the villagers should be met through providing street lighting and safe crossings. The Northern Team Leader said the scheme was for the provision of much needed affordable housing and that any further requirements could have an adverse effect on this. Councillor TW Hunt was of the opinion that there was good visibility in both directions and that although there were plusses and minuses to the proposal, on balance it should be approved.  Having carefully considered all the aspects regarding the application, the Sub-Committee concurred with this view.

 

 

RESOLVED:

 

1.      That the Head of Legal and Democratic Services be authorised to complete a planning obligation agreement under Section 106 of the Town and Country Planning Act 1990, as set out in the draft Heads of Terms in the report of the Head of Planning Services, and deal with other any other appropriate and incidental terms, matters or issues;

 

2.      Upon completion of the abovementioned planning obligation, Officers named in the Scheme of delegation be authorised to issue planning permission subject to the following conditions:-

        

3.      A01 (Time limit for commencement (full permission)).

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

4.      Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

-          Written details and samples of all external materials;

-          Large scale drawings of all external joinery;

-          Written details and samples of all surfacing materials in relation to the vehicular means of access, turning/manoeuvring areas and car parking areas; and

-          Details of the rooflights.

 

5.      The development hereby permitted shall not commence until the Local Planning Authority has given such written approval.  The development shall be carried out in strict accordance with the approved details and thereafter maintained as such

 

6.      Reason: To ensure a satisfactory appearance to the development and to safeguard the setting of the listed buildings in the immediate vicinity.

 

7.      Prior to commencement of the development hereby permitted full written details of the proposed boundary treatments (including written details and samples of materials together with a schedule or repairs / works to the eastern boundary wall) shall be submitted to the Local Planning Authority for their written approval. The approved boundary treatments shall be fully implemented prior to the first occupation of any of the dwellings hereby permitted and thereafter maintained as such.

 

Reason: To ensure a satisfactory appearance to the development, to safeguard the setting of the listed buildings in he vicinity, to safeguard the privacy of occupiers of neighbouring dwellings, to safeguard the privacy of future occupiers of the dwellings hereby permitted and to ensure a satisfactory appearance in the street scene.

 

8.Notwithstanding the provisions of condition 3 above the existing eastern boundary shall remain in-situ at its current height unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To safeguard the privacy of the occupiers of the dwelling known as 'Vicarage Cottage' to the east.

9.      All of the buildings hereby permitted shall be constructed in full accordance with the ground floor finished floor levels specified upon drawing number 100 Rev E received 14th September, 2007.

 

Reason: To ensure a satisfactory appearance to the development in the street scene and to safeguard the amenities of the occupiers of neighbouring dwellings.

 

10.Notwithstanding the provisions of condition 5 above the eaves level of Units 15 and 16 hereby permitted shall not exceed the height (above ordnance datum level) of the eastern boundary wall directly parallel.

 

         Reason: To safeguard the amenities of the occupiers of the dwelling known as 'Vicarage Cottage'.

 

11.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no development normally permitted by Classes A, E and F of Part 1 and Class A of Part 2, Schedule 2, Article 3 shall be carried out without the express consent of the Local Planning Authority.

 

Reason: To prevent an overdevelopment of the site, to ensure that the occupiers of the dwellings hereby permitted enjoy a satisfactory rear garden area(s) and to safeguard the setting of the listed Parsonage Farmhouse.

 

12.    No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping using indigenous species.  The submitted scheme of landscaping must detail the location of all planting, the species, their size and the density of planting.

 

Reason: To ensure that the development is satisfactorily integrated into the locality.

 

13.    All planting, seeding and turfing in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings hereby permitted or the completion of the development (whichever is the sooner).  Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

 

Reason: To ensure that the development is satisfactorily integrated into the locality.

 

14.    Prior to the first occupation of any of the dwellings hereby permitted the vehicular means of access, car parking, turning/manoeuvring areas for vehicles and secure cycle storage facilities shown upon the approved plans shall be implemented.  Thereafter these areas and facilities shall be kept available for such use.

 

Reason: In the interests of highway safety and to encourage the use of modes of transport other than the private motor vehicle.

15.    Prior to the first occupation of any of the dwellings hereby permitted the refuse storage facilities shown upon the approved plans shall be fully implemented.  Thereafter these facilities shall be kept available for such use.

 

Reason: To ensure that the development has adequate refuse storage facilities and to safeguard the amenities of the locality.

 

16.    No development shall take place until the following has been submitted to and approved in writing by the Local Planning Authority:-

 

a)    a 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice

 

b)    if the risk assessment in a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and as assessment or risk to be identified receptors

 

c)    if the risk assessment in b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed.  The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified.  Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval.

 

Reason:  In the interests of human health and to ensure that the proposed development will not cause pollution of controlled waters.

 

17.    The Remediation Scheme, as approved pursuant to condition no. 12) above, shall be fully implemented before the development is first occupied.  On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied.  Any variation to the scheme including the validation reporting shall be agreed in writing with the local planning authority in advance of works being undertaken.

 

Reason: In the interests of human health and to ensure that the proposed development will not cause pollution of controlled waters.

 

18.    If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

 

Reason: To ensure that the proposed development will not cause pollution of controlled waters.

19.    No infiltration of surface water drainage into the ground is permitted other than the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.

 

Reason: To prevent pollution of the water environment.

 

20.    Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage form parking areas and hardstandings shall be passed through trapped gullies installed in accordance with a scheme previously submitted to and approved in writing by the local planning authority.

 

Reason: To prevent pollution of the water environment.

 

21.    Foul water and surface water discharges shall be drained separately from the site.

 

Reason: To protect the integrity of the Public Sewerage System.

 

22.    No surface water shall be allowed to connect (either directly or indirectly) to Public Sewerage System.

 

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

 

23.    Land drainage run-off shall not be permitted to discharge, either directly or in-directly, into the Public Sewerage System.

 

Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

 

24     No development shall take place until a scheme to remove the surface water from the public combined sewerage system has been submitted to and agreed in writing by the Local Planning Authority.

 

Reason: To prevent hydraulic overloading of the public combined system, to protect the health and safety of the existing residents and ensure no detriment to the environment.

 

25     Prior to commencement of the development hereby permitted full details of all external lighting shall be submitted to the Local Planning Authority for their written approval.  The development shall not commence until the Local Planning Authority has given such written approval.  The development shall be carried out in strict accordance with the approved details and thereafter no other external lighting shall be installed without the prior written consent of the Local Planning Authority.

 

Reason: To safeguard the rural character of the area.

 

 

 

Informatives:

 

1.      N15 - Reason(s) for the Grant of PP/LBC/CAC.

 

2.      N19 - Avoidance of doubt.

 

3.      The Environment Agency recommends that developers should:

 

1)     Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination when dealing with land affected by contamination.

 

2)     Refer to the Environment Agency Guidance on Requirements for Land Contamination Reports for the type of information that we require in order to assess risks to controlled waters from the site.  The local Authority can advise on risk to other receptors, e.g human health.

 

3)     Refer to our website at www.environment-agency.gov.uk for more information.

 

Contaminated soil that is excavated, recovered or disposed of, is controlled waste.  Recovery and disposal operations require waste management licence or Pollution Prevention Control permit.  If contaminated soil is to be re-used on-site as part of a soil recovery operation then whether a waste management licence will be required or the Applicant will need to register an exemption to licensing with the Environment Agency.  Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear.  If in doubt the Environment Agency should be contacted for advice at an early stage to avoid any delays.

 

Contaminated soil that is excavated, recovered or disposed of, is controlled waste.  Therefore, its handling, transport, treatment and disposal is subject to waste management legislation, which includes:

 

1)Duty of Care Regulations 1991

2)Hazardous Waste (England and Wales) Regulations 2005

3)Waste Management Licensing Regulations 1994 (as amended)

4)Pollution Prevention and Control Regulations (England and Wales) 2000

5)Landfill (England and Wales) Regulations 2002

 

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed off-site operations is clear.  If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

 

4.      If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on Tel: 01443 331155.