Application Details

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  • Application Number: 28/23/00001
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
30/07/2025
Application Decided:
15/10/2025

Subscription Request Sent :

Error :

Type:
Outline Planning Permission
Location:
The Chapel House, Whitnell Lane, Fiddington, Bridgwater, Somerset, TA5 1JE
Proposal:
Outline application with some matters reserved for, the erection of up to 3no. self- build dwellings and garaging, with associated parking, curtilages and formation of new access off Whitnell Lane.
Case Officer:
Louise Newcombe
Registered Date:
16/01/2023
Applicant:
Mrs J Pay
Applicant Address:
Chapel House Whitnell Nether Stowey Bridgwater TA5 1JE
Agent:
Berry Associates
Agent Address:
14 The Brendons Sampford Peverell Tiverton Devon EX16 7BQ
Consultation Start Date:
03/10/2025
Earliest Decision Date:
30/07/2025
Committee Date:
14/10/2025
Decision:
Granted Permission
Decision Date:
15/10/2025

Conditions and Reasons

Number
Condition
Complied Date
1
Approval of the details of the appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced. Plans and particulars of the reserved matters referred to above, relating to the access, appearance, landscaping, layout and scale, shall be submitted in writing to the local planning authority and shall be carried out as approved. Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: The application was submitted as an outline application in accordance with the provisions of Article 5(1) of the Town and Country Planning (Development Management Procedure) Order 2015. In accordance with the provisions of Section 92 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
Prior to commencement of development (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. THe CEMP (Biodiversity) shall include the following: a) Risk assessment of potentially damaging construction activities, b) Identification of "biodiversity protection zones". c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts to habitats and species. d) The location and timing of sensitive works to avoid harm to biodiversity features. e) The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons, lines of communication and written notifications of operations to the local planning authority. g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. h) Use of protective fences, exclusion barirers and warning signs. i) Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works. The CEMP will consider the above based on the detailed site plans and, where required, updated site walkovers and/or surveys will be undertaken to support the CEMP if survey data is deemed to be out of date by the commissioned ecologist and/or LPA. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to ensure no likely significant effect occurs to the Exmoor and Quantock Oak Woodlands SAC under Regulation 63 the Conservation of Habitats and Species Regulations 2017 (as amended), in the interests of the Favourable Conservation Status of populations of European protected species, 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.
4
Species - rich hedgerows and permanent boundary fencing shall be provided in accordance with the specifications detailed in the Shadow Habitats Regulations Assessment provided by HalpinRobbins (V2 - 14 July 2025) as already submitted with the planning application and adopted by the Local Planning Authority prior to determination, unless otherwise agreed to by the Local Planning Authority. Alongside the submission of the reserved matters, a scheme shall be provided that includes the following: a) A proposed landscape masterplan (detailed scale drawing) which identifies the location of retained, proposed, and enhanced hedgerows and trees and a plant schedule and planting specification including proposed species, quantities, planting densities, stock sizes, and spacings. b) An Arboricultural method statement that identifies the methods of removal, implementation, protection, management, and monitoring of hedgerows and trees to be lost, retained, and/or provided. This shall include measures required throughout site clearance, construction, landscape implementation, and ongoing/long - term use of the site to ensure avoidance of adverse impacts and effective delivery. The scheme will detail the legal and funding mechanism(s) by which the long - term implementation of the plan will be secured by the developers and set out how contingencies/remedial action will be identified, agreed, and implemented. The development cannot commence unless the scheme has been submitted to and approved in writing by the Local Planning Authority and the approved scheme will be implemented in accordance with the approved details. Reason: In order to ensure no likely significant effect occurs to the Exmoor and Quantock Oak Woodlands SAC under Regulation 63 the Conservation of Habitats and Species Regulations 2017 (as amended), in the interests of the Favourable Conservation Status of populations of European protected species, 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.
5
Alongside the submission of the reserved matters, a Lighting Strategy for Biodiversity following Guidance Note 08/23 - bats and artificial lighting at night(ILP and BCT 2023) shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall: a) Identify areas/features of the site that are sensitive for barbastelle bats, other bat species, and other light sensitive species and that are likely to cause disturbance in or around resting places and areas potentially used for foraging, commuting and/or roosting and nesting. b) Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. Lux levels must be below 0.2 lux on the horizontal plane, and at or below 0.4 lux on the vertical plane within the proposed dark zone in accordance with the Proposed Dark Zone Plan within the approved Shadow Habitats Regulations Assessment provided by HalpinRobbins (V2 - 14 July 2025). c) Include all exterior lighting, including amenity and/or security lighting where necessary. Shields and other methods of reducing light spill as outlined in Step 4 of Guidance Note 08/23 will be used where necessary to achieve the required light levels. d) Review the potential for light spill from internal lighting and include mitigation measures such as the installation of physical barriers, recessed internal luminaires, light limiting glazing. Unless otherwise agreed in writing by the Local Planning Authority all external lighting shall be installed in accordance with the specifications and locations set out in the strategy and shall be maintained thereafter in accordance with the strategy. Reason: In order to ensure no likely significant effect occurs to the Exmoor and Quantock Oak Woodlands SAC under Regulation 63 the Conservation of Habitats and Species Regulations 2017 (as amended), in the interests of the Favourable Conservation Status of populations of European protected species, 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.
6
A Biodiversity Enhancement, Mitigation and Monitoring Plan (BEMMP) shall be submitted and approved as part of reserved matters that specifies how additional ecological and biodiversity enhancements have been incorporated into the development plans (such as bat/bird boxes, refugia for reptiles/small mammals/invertebrates, hedgehog friendly fencing, or similar). Reason: In accordance with Government policy for the enhancement of biodiversity within development as set out in paragraph 187 (d) of the National Planning Policy Framework and Sedgemoor District Council Local Plan: D20 - Biodiversity and Geodiversity.
7
No individual dwelling hereby approved shall be occupied until the optional requirement for potential consumption of wholesome water by persons occupying that dwelling in Part G of Schedule 1 and Regulation 36 of the Building Regulations 2010 of 110 litres per person per day has been complied with. Reason: To improve the water efficiency and sustainability of the dwellings in accordance with Policy S5 of the Sedgemoor Local Plan 2011-2032 and Paragraphs 139, 164 and 187 of the National Planning Policy Framework (December 2024).
8
Prior to commencement of development details of the proposed access shall be submitted to and approved in writing by the local planning authority prior to commencement. These shall include but not limited to; Over at least the first 6 metres of its length, as measured from the edge of the adjoining carriageway, the access shall be properly consolidated and surfaced (not loose stone or gravel) The gradient of the access way shall not at any point be steeper than 1 in 10 for a distance of 6 metres from its junction with the public highway. The access width will be a minimum of 5 metres. Visibility splays as per condition 3 The access as agreed shall be constructed in accordance with the agreed details prior to first occupation and retained as such in perpetuity unless agreed in writing by the Local Planning Authority. Reason: - In the interests of highway safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.
9
At the proposed access there shall be no obstruction to visibility greater than 600millimetres above adjoining road level within the visibility splays shown on the submitted plan. Proposed Site and Local Block Plan Drawing No 21/765/04 Rev B Such visibility splays shall be constructed prior to the commencement of the development hereby permitted and shall thereafter be maintained in perpetuity. Reason: In the interests of highway safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.
10
Alongside the submission of the reserved matters plans showing the parking and turning areas catering for all vehicles reasonably associated with the development and electric vehicle charging shall be submitted to and approved in writing by the Local Planning Authority. Such facilities shall be provided, marked out and consolidated prior to first occupation and maintained thereafter specifically for vehicles in connection with the development hereby permitted. Reason: In the interests of highways safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.
11
The development hereby permitted must not be occupied or utilised until a scheme showing precise details of the proposed cycle parking facilities in accordance with the Somerset Parking Strategy is submitted to the Local Planning Authority. Any such scheme shall be submitted to and approved in writing by the Local Planning Authority and must be constructed before the development is occupied and, thereafter, must be maintained, kept free from obstruction and available for the purpose specified. Reason: In the interests of highway safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.
12
The development hereby permitted must not be occupied or utilised until the precise technical details of the electric vehicle charging points and parking bays are submitted to the Local Planning Authority. Each charging point should be at least 7kW, an untethered connection i.e. only a socket without a built in cable, and capable of Mode 3 charging. These details shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme must be constructed before the development is occupied or utilised and, thereafter, must be maintained, kept free from obstruction and available for the purpose specified in perpetuity. Reason: In the interests of highway safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.
13
Any entrance gates erected shall be hung to open inwards, shall be set back a minimum distance of 6 metres from the carriageway edge and shall thereafter be maintained in that condition in perpetuity. Reason: In the interests of highway safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.
14
The proposed access road, shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced footway and carriageway to at least base course level between the dwelling and existing highway. Reason: In the interests of highway safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.
15
No development shall take place, including any demolition works, until a construction management plan or construction method statement has been submitted to and approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the demolition/construction period. The plan/statement shall provide for: • 24 hour emergency contact number; • Hours of operation; • Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction); • Routes for construction traffic; • Locations for loading/unloading and storage of plant, waste and construction materials; • Method of preventing mud being carried onto the highway; • Measures to protect vulnerable road users (cyclists and pedestrians) • Any necessary temporary traffic management measures; • Arrangements for turning vehicles; • Arrangements to receive abnormal loads or unusually large vehicles; • Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses. Reason: In the interests of highway safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.
16
Alongside the submission of the reserved matters full details of the finished levels, above ordnance datum, of the ground floors of the proposed building(s), in relation to existing ground levels have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved levels. Reason: In the interest of visual and residential amenity in accordance with policies D2 and D25 of the Sedgemoor Local Plan 2011-2032.
17
Alongside the submission of the reserved matters a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, shall be submitted to and approved in writing by the local planning authority. The submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a timetable for its implementation; and, iii) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be carried out in accordance with the approved details. The sustainable drainage system shall be managed and maintained thereafter in accordance with the approved management and maintenance plan. Reason: To reduce the risk of flooding to the proposed development, surrounding land and in accordance with the NPPF (2024) and policy D1 of the Sedgemoor Local Plan 2011-2032.
18
Alongside the submission of the reserved matters full details of the disposal of sewage shall be provided to serve the development hereby permitted for submission and approval in writing by the local planning authority. The sewage disposal scheme shall be completed in accordance with the approved details prior to occupation of any of the dwellings. Reason: To ensure sufficient disposal of sewage in accordance with the NPPF (2024) and policy D1 of the Sedgemoor Local Plan 2011-2032.
19
Each residential unit in the development hereby permitted shall be planned, built and first occupied as a self build and custom housebuilding dwelling within the definitions of self build and custom housebuilding in the 2015 Self Build and Custom Housebuilding Act (as amended by the 2016 Housing and Planning Act). The dwellings hereby permitted shall be first occupied as the sole or main residence of a person on the Council's Self Build Register with an appropriate local connection to the parish of Fiddington. Reasons: In the interest of the approved dwellings being occupied as self-build development and as a statutory exemption development in respect of the biodiversity gain condition under paragraph 13 and 17 of Schedule 7A to the Town and Country Planning Act 1990 and the Biodiversity Gain Requirements (Exemptions) Regulations 2024.
20
Prior to the submission of, or in conjuction with, the first reserved matters application a phasing plan shall be submitted to and approved in writing by the local planning authority. The phasing plan shall set out whether each self build plot is a separate phase that is capable of being delivered before or after any other self build plots as well as any other parts of the development (e.g. site wide infrastructure). Reason: To allow commencement of development on one part of the site to not trigger the commencement of development for CIL purposes on other self build plots.

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