Application Details

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  • Application Number: 17/23/00012
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
15/07/2023
Application Decided:
07/08/2023

Subscription Request Sent :

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Type:
Full Planning Permission
Location:
Land North East of, The Lippiatt, Cheddar, Somerset, BS27
Proposal:
Demolition barns and the erection of 1no. dwelling, parking and associated works.
Case Officer:
Emma Chorley
Registered Date:
15/02/2023
Applicant:
Mr & Mrs A & H Thomas
Applicant Address:
Timber Tops Shipham Rd Cheddar Somerset BS27 3DD
Agent:
Clive Miller Planning, 7
Agent Address:
7 Bilbury Lane Glastonbury BA6 8LX
Consultation Start Date:
30/06/2023
Earliest Decision Date:
15/07/2023
Decision Level:
Delegated (following Committee Referral)
Decision:
Granted Permission
Decision Date:
07/08/2023

Conditions and Reasons

Number
Condition
Complied Date
1
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act, 1990 ( as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2
The development hereby permitted shall be carried out in accordance with the approved plans listed in schedule A. Reason: For the avoidance of doubt and in the interests of proper planning.
3
The dwelling hereby permitted shall be planned, built and first occupied in an accordance with the definition of 'self-build and custom housebuilding' as defined in the Self-build and Custom Housebuilding Act 2015 (as amended). The dwelling hereby permitted shall be first occupied by the applicant, Mr A Thomas and Mrs H Thomas, as their sole or main residence. Reason: Development in this location is only considered acceptable on the basis that it meets an identified local need for self or custom build development in accordance with Sedgemoor Local Plan 2011-2032 Policies CO2 and D9.
4
Prior to commencement of development, temporary protective fencing shall be erected in line with root protection areas(RPA) for the existing hedgerows in accordance with BS 5837:2012 (Trees in relation design, demolition & Construction – Recommendations ). No materials, fires lit, liquids tipped, rubbish dumped or plant shall be stored within defined root protection areas. No underground services shall be located within the RPA. The temporary protective fencing shall be retained for the duration of the works. Reason: A pre-commecement condition is required to ensure that the health and stability of the retained landscaping is secured and maintained and that operations can be undertaken with minimal risk of adverse impact on the existing landscaping in accordance with policies D19 and D20 Sedgemoor Local Plan 2011-2032.
5
The site of the proposed development may be contaminated. Therefore unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions A to C have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition D has been complied with in relation to that contamination. A. Site Characterisation A detailed site investigation and risk assessment must be completed in accordance with current UK guidance to assess the nature, extent and scale of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The investigations, risk assessments and written reports must be approved in writing by the Local Planning Authority. The report of the findings must include: a survey of the extent, scale and nature of contamination; desk study information, conceptual models, investigation methods, investigation results and interpretation and any other information required by the local planning authority to justify and appraise the report findings. an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments; an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with current UK guidance including DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. B. Submission of Remediation Scheme In cases where contamination is shown to exist a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property, the natural and historical environment and surrounding land must be prepared, and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. C. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and approved in writing by the local planning authority. D. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition B, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition C. E. Long Term Monitoring and Maintenance If a monitoring and maintenance scheme, to include monitoring the long-term effectiveness of the proposed remediation, is required as part of the approved remediation scheme then the monitoring and maintenance scheme will need to be approved in writing by the local planning authority. Following completion of the measures identified in that monitoring and maintenance scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority for approval. This must be conducted in accordance with current UK guidance including DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Adopted Sedgemoor Local Plan 2011-32 Policy D24.
6
Prior to construction above damp course level, a andscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the Local Planning Authority. For the avoidance of doubt this shall set out in full the habitat mitigation and habitat and biodiversity enhancements to be installed in accordance with the Bat Assessment Report (Nash Ecology, June 2023) and the Landscaping Masterplan (drg.no.0926.P009) together with 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. 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. The approved plan will be implemented in accordance with the approved details. Reason: In the interests of the 'Favourable Conservation Status' of populations of European and UK protected species, UK priority species and habitats listed on s41 of the Natural Environment and Rural Communities Act 2006 and in accordance with Sedgemoor District Council Local Plan: Policy D20 - Biodiversity and Geodiversity
7
Prior to construction above damp proof course, a lighting design for bats, following Guidance Note 08/18 Bats and artificial lighting in he UK (ILP and BCT 2018), shall be submitted to and approved in writing by the Local Planning Authority, prior to construction. The design shall show how and where external lighting will be installed (including through the provision of technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory. The design should accord with Step 5 of the Guidance Note 08/18, including the submission of contour light plans illustrating Lux levels. Lux levels should be below 0.5 Lux on potential bat commuting routes (hedgerows). All external lighting shall be installed in accordance with the specifications and locations set out in the design, and these shall be maintained thereafter in accordance with the design. Under no circumstances, should any other external lighting be installed without the prior written consent from the Local Planning Authority. Reason: in the interests of the Favourable Conservation Status of populations of European protected species and to protect the dark skies of the AONB and in accordance with policies D19 and D20 Sedgemoor Local Plan 2011-2032
8
Prior to construction above damp proof course level, details of measures to ensure light spillage from the large glazed areas to the south elevation shall be submitted to and approved by the Local Planning Authority. The approved measures shall thereafter be installed and retained and the measures shall be sufficient to ensure that light levels do not adversely disturb bats and other species using their territory or having access to resting places. Measures should include either of the following; Low transmission glazing treatments, Retrofit window films and factory - tinted glazing, 'Smart glass', which can be set to automatically obscure on a timer during the hours of darkness, in line with the Guidance Note 08/10: Bats and Artificial Lighting in the UK (Bat Conservation Trust and Institution of Lighting Professionals. Reason: A pre - commencement condition in the interests of the 'Favourable Conservation Status' of populations of European protected species; a Local Wildlife Site and in accordance with Sedgemoor District Council Local Plan: Policy D20 - Biodiversity and Geodiversity.
9
No construction shall take place above damp proof course level until samples of the materials to be used on the external surfaces of the building hereby approved, to include windows, doors, walls and roof, have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved materials. Reason: In the interests of visual amenity in accordance with Sedgemoor Local Plan 2011-2032 Policy D2 and policy BE4 Cheddar Neighbourhood Development Plan.
10
No later than the end of the first planting season following first occupation of the dwelling hereby permitted, the approved planting scheme as set out in drg no. 0926.P.009 shall be implemented in full. All landscape areas shall be protected and maintained, and any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species. Reason: to ensure that the site is adequately landscaped and in accordance with policies D19 and D20 Sedgemoor Local Plan 2011-2032.
11
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revising revoking and re-enacting that Order with or without modifications), there shall be no enlargement or extension of the development hereby permitted, including any additions or alterations to the roof, or insertion of new or enlargement of existing window or door openings, or erection of any new building or means of enclosure within the application site without the prior written approval of the local planning authority. Reason: In the interest of visual amenity in accordance with Adopted Sedgemoor Local Plan Policy D2.
12
In order to safeguard local residents from smoke nuisance, there shall be no burning of waste on the site during any construction or demolitions works. Reason: To prevent excessive odour and protect the residential amenity of neighbouring occupiers in accordance with Policies D24 and D25 of the Sedgemoor Local Plan
13
Prior to the first occupation of the dwelling hereby permitted, the first 5m of the access when measured from the edge of the highway shall be formed of a properly consolidated and surfaced access (not loose stone or gravel) and shall incorporate measures to prevent the discharge of surface water onto the highway. Such measures shall thereafter be maintained. Reason: In the interests of highway safety and in accordance with Policy D14 Sedgemoor Local Plan.
14
Any entrance gates erected shall be hung to open inwards and shall be set back a minimum distance of 2.4 metres from the nearside carriageway edge. Reason: In the interest of highway safety in accordance policy D14 and Sedgemoor Local Plan 2011-2032

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