Application Details

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  • Application Number: 37/21/00079
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
04/08/2021
Application Decided:
20/01/2022

Subscription Request Sent :

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Type:
Outline Planning Permission
Location:
Batts Farm, Newton Road, North Petherton, Bridgwater, Somerset, TA6 6NA
Proposal:
Outline application with some matters reserved for up to 33 no. dwellings with associated access and link road, landscaping, public open space, attenuation pond and drainage infrastructure.
Case Officer:
Dawn de Vries
Registered Date:
03/06/2021
Applicant:
West of England Developments (Taunton) No.2 Ltd
Applicant Address:
Kibbear House Trull Taunton Somerset TA3 7LN
Current Applicant:
Otter Construct Ltd.
Current Applicant Address:
Holt Barn Poundisford Taunton TA3 7AE
Agent:
Tetra Tech Planning, Tetra Tech Planning
Agent Address:
Tetra Tech Planning Hawkridge House Chelston Business Park Wellington TA21 8YA
Agent:
Reed-Holland Associates
Agent Address:
Somerset House Middle Street Taunton Somerset TA1 1SH
Current Agent:
Polden Planning Ltd., 4 King Square
Current Agent Address:
4 King Square Bridgwater Somerset TA6 3YF
Consultation Start Date:
02/07/2021
Earliest Decision Date:
04/08/2021
Decision Level:
Delegated
Decision:
Granted Permission
Decision Date:
20/01/2022

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 all 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. Reasons: 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 the commencement of development a written commitment to the sourcing of local labour shall be submitted to and approved in writing by the local planning authority. The written commitment, as a minimum, shall set out the following matters: i) The proportion of construction workers to be sourced from the local labour pool, ii) Work experience/ apprenticeship opportunities; iii) The proportion of local procurement and sourcing; iv) On-going skills development and training opportunities; v) The steps that will be taken to ensure that the above is implemented; vi) The operator shall maintain a record of i - v above and shall make that information available to the local planning authority at all reasonable times upon request. Reason: This condition is pre commencement to ensure that local labour is used in the project from the start in accordance with policy D15 of the Local Plan.
01/07/2022
4
Prior to the commencement of development a landscape planting scheme shall be submitted to the Local Planning Authority for approval. The approved planting scheme shall be implemented in the first planting season following the completion of the development or otherwise agreed. Notwithstanding the submitted details and for the avoidance of doubt the landscape scheme shall comprise a landscape masterplan which identifies the trees to be retained, removed and proposed. The proposed planting scheme shall include a detailed scaled drawing which identifies the proposed green infrastructure and includes a plant schedule and planting specification. The planting schedule shall detail the proposed species, quantities, stock sizes, planting densities and spacings. Reason: This condition is pre commencement to ensure that development sites are appropriately landscaped to provide enhancement of the environment, mitigation for vegetation that is to be removed, to ensure biodiversity is maintained and that planting schemes are established and managed into the future.
24/03/2022
5
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 unless the LPA has given its written consent to any variation. Reason: In the interests of visual amenity and biodiversity.
6
Prior to commencement in accordance with BS 5837:2012 (Trees in relation design, demolition & Construction - Recommendations ), temporary protective fencing shall be erected in line with root protection areas.(RPA) 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 without consent of the LPA. The temporary protective fencing shall be retained for the duration of the works and shall not be altered or realigned without prior approval in writing by the LPA. Reason: This condition is pre commencement to ensure that the health and stability of the retained trees and hedgerows is maintained and that operations can be undertaken with minimal risk of adverse impact on the protected and retained trees/hedgerows.
7
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. 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; (iv) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with current UK guidance including that issued by DEFRA and the Environment Agency. 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, controlled waters, 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 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 that issued by DEFRA and the Environment Agency. 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.
04/08/2022
8
Prior to the commencement of development Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the Local Planning Authority. The content of the LEMP shall include 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. i) details how any adverse impacts on protected species and their habitat will be mitigated during the construction of the development j) investigation into opportunities to enhance habitat for all species within the development. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. 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 to protect and enhance the landscape and biodiversity value of the site in accordance with the section 12 of the NPPF and policies D2 and D20 of Sedgemoor District Local Plan
10/04/2024
9
No development shall take place (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 during construction (may be provided as a set of method statements), including nesting birds habitat clearance measures, tree and hedgerow protection, a sensitive clearance strategy for amphibians, protection for badgers and bat sensitive tree felling strategy. 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 barriers and warning signs. 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: This condition is pre commencement in the interests 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
19/05/2023
10
A report prepared by the Ecological Clerk of Works or similarly competent person certifying that the required mitigation and compensation measures identified in the Construction Environmental Management Plan (CEMP: Biodiversity) and submitted HalpinRobbins Ecological Appraisal (2021): have been completed to their satisfaction, and detailing the results of site supervision and any necessary remedial works undertaken or required, shall be submitted to the Local Planning Authority for approval before occupation of the development or at the end of the next available planting season, whichever is the sooner. Any approved remedial works shall subsequently be carried out under the strict supervision of a professional ecologist following that approval. Reason: In the interests of the integrity of a European site, the 'Favourable Conservation Status' of populations of European Protected Species 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
10/04/2024
11
A Biodiversity Enhancement Plan (BEP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior to first occupation. Photographs of the approved installed features will also be submitted to the Local Planning Authority prior to occupation: The content of the BEP shall include the following: a) Retained hedgerows should be planted with native species not already present within the hedgerows, to fill any existing gaps and increase species diversity. Additional species could include hazel Corylus avellana , guelder rose Viburnum opulus as well as climbing species such as dog rose Rosa canina and honeysuckle Lonicera periclymenum . b) The new hedgerow/s to be planted up with native species comprised of a minimum of 5 of the following species: hazel, blackthorn, hawthorn, field maple, elder, elm, dog rose, bird cherry and spindle. The hedgerow will be coppiced and laid on reaching maturity and cut on a 3-year rotation thereafter. c) A Habibat 001 bat box or similar will be built into the wall at least four metres above ground level and away from windows of the west or south facing elevation of at least 10 of the proposed dwellings d) A WoodStone Build-in house sparrow nest box or similar should be installed on the north/east elevations of at least 10 of the proposed dwellings. e) A cluster of five Schwegler 1a swift bricks or similar built into the wall at least 60cm apart, at least 5m above ground level on the north facing elevation at least 10 of the proposed dwellings f) A bee brick built into the wall about 1 metre above ground level on the south or southeast elevation of each new dwelling g) Any new fencing must have accessible hedgehog holes, measuring 13cm x 13cm to allow the movement of hedgehogs into and out of the site h) A dark corridor will be provided on site to allow the continued use of flight lines for lesser horseshoe bats as identified within the HalpinRobbins Ecological Apprasial (2021) Reason: In accordance with the enhancement of biodiversity within development as set out within the Environment Act 2021 and the National Planning Policy Framework 2021 and in accordance with Sedgemoor District Council Local Plan: Policy D20 - Biodiversity and Geodiversity
10/04/2024
12
A 10% Biodiversity Gain in habitat value shall be demonstrated using the current Biodiversity Metric will be required to be demonstrated in the site layout, masterplan and/or landscaping plan at the Reserved Matters stage. Reason: In accordance with the enhancement of biodiversity within development as set out within the Environment Act 2021 and the National Planning Policy Framework 2021 and in accordance with Sedgemoor District Council Local Plan: Policy D20 - Biodiversity and Geodiversity
13
Construction shall comply with the most recent BS 5228: Code of Practice for Noise Control on Construction and Open Sites. Wherever alternative working methods exist, minimising noise and vibration, must be a prime consideration when choosing techniques or equipment. Contractors are responsible for ensuring that all machinery and equipment is well maintained. This includes hired machinery and equipment. It must be properly silenced and used in accordance with the manufacturer's instructions, as required by BS 5228. Reason: In the interests of the amenities on the surrounding residents.
14
The proposed access shall be constructed in accordance with details shown on the submitted plan and shall be available for use before first occupation. Once constructed the access shall be maintained thereafter in that condition at all times. Reason: In the interests of Highway Safety.
12/11/2024
15
Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority. Such provision shall be installed before occupation and thereafter maintained at all times. Reason: In the interests of highway safety.
05/09/2023
16
The proposed estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus lay-bys, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car, motorcycle and cycle parking, and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins. For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority. Reason: In the interests of Highway Safety.
21/08/2023
17
There shall be no obstruction to visibility greater than 600 millimetres above adjoining road level in advance of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 47m to the North, and 46m to the South. Such visibility shall be fully provided before the development hereby permitted is occupied and shall thereafter be maintained at all times. Reason: In the interests of Highway Safety.
18
Prior to the commencement of development, including any site clearance, groundworks or construction within each sub-phase (save such preliminary or minor works that the Local Planning Authority may agree in writing), a Construction Management Plan (CMP) to manage the impacts of construction during the life of the works, shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, the CMP shall, amongst other things, include:- a) Measures to regulate the routing of construction traffic and expected number of construction vehicles per day; b) The importation of spoil and soil on site; c) The removal /disposal of materials from site, including soil and vegetation; d) The location and covering of stockpiles; e) Details of measures to prevent mud from vehicles leaving the site and must include wheel- washing facilities; f) Control of fugitive dust from earthworks and construction activities; dust suppression measures; g) Noise and Vibration control plan (which includes control methods) to include mitigation measures as defined in BS 5528: Parts 1 and 2: 2009 'Code of practice for noise and vibration control on construction and open sites' shall be used to minimise noise or vibration disturbance from construction works; h) A waste disposal policy (to include no burning on site); i) Measures for controlling the use of site lighting whether required for safe working or for security purposes; j) Details of any site construction office, contractor parking, compounds and ancillary facility buildings; k) Specified on-site parking for vehicles associated with the construction works and the provision made for access thereto; l) A point of contact (such as a Construction Liaison Officer/site manager) and details of how complaints will be addressed, including an appropriate phone number. m) On-site turning facility for delivery vehicles and egress onto highway only with guidance of a trained banksman n) Specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice The details so approved and any subsequent amendments as shall be agreed in writing by the Local Planning Authority shall be complied with in full and monitored by the applicants to ensure continuing compliance during the construction of the development. Reason: This condition is pre commencement to protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway
21/08/2023
19
No demolition/construction work (other than internal fitting out works) or deliveries to and from the site shall take place outside the hours of 07:00 to 18:00 Mondays to Fridays, 08:00 to 13:00 on Saturdays, with the exception of specific works which shall have been agreed in advance and in writing by the local planning authority and shall include details of the task, the date and duration of works. No works to take place on Sunday and Public Holidays. Reason: To protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway
20
An adequate water supply shall be provided on site and maintained at all times. Where necessary or at the direction of the Local Authority, it shall be used to provide adequate dust suppression and minimise fugitive dust emissions from the development site. No activity hereby permitted shall cause dust to be emitted so as to adversely affect adjacent residential properties and/or other sensitive uses and/or the local environment. Should such an emission occur, the LPA shall be notified and activity shall be immediately suspended until effective dust suppression measures are implemented. Reason: To safeguard local residents from dust nuisance.
21
Prior to construction above damp-proof course level, a lighting design for bats, following Guidance Note 08/18 Bats and artificial lighting in the UK (ILP and BCT 2018), shall be submitted to and approved in writing by the Local Planning Authority. 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 Guidance Note 08/18, including submission of contour plans illustrating Lux levels. Lux levels should be below 0.5 Lux on the identified horseshoe bat commuting routes. 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 prior consent from the Local Planning Authority. Reason: In the interests of the 'Favourable Conservation Status' of populations of European protected species and in accordance with Sedgemoor District Council Local Plan: Policy D20 - Biodiversity and Geodiversity
07/07/2026
22
Works will not commence until construction operatives have been inducted by a suitably qualified ecologist to make them aware of: a) the legal status of the relevant wildlife with potential to or known to be present on site; b) the working strategy for the project; c) and the procedure should any protected species be encountered Written confirmation of the induction will be submitted to the Local Planning Authority by the ecologist within one week of the toolbox talk Reason: This condition is pre commencement to ensure the strict protection of European protected species and in accordance with Sedgemoor District Council Local Plan: Policy D20 - Biodiversity and Geodiversity
29/06/2024
23
No development shall be commenced until details of the sustainable surface water drainage scheme for the site, has been submitted to and approved in writing by the local planning authority. Such scheme should aim to meet the four pillars of SuDS (water quantity, quality, biodiversity, and amenity) to meet wider sustainability aims as specified by The National Planning Policy Framework (July 2018) and the Flood and Water Management Act (2010). The development shall include measures to prevent the control and attenuate surface water and once approved the scheme shall be implemented in accordance with the approved details and maintained at all times thereafter unless agreed otherwise in writing by the local planning authority. Reason: This condition is pre commencement to ensure the development is properly drained in accordance with the NPPF.
21/08/2023
24
No development approved by this permission shall be occupied or brought into use until a plan for the future responsibility and maintenance of the surface water drainage system has been submitted to and approved by the Local Planning Authority. The approved drainage works shall be completed and maintained in accordance with the details agreed. Reason: To safeguard the long-term maintenance and operation of the proposed system to ensure development is properly drained in accordance with the NPPF.
07/07/2026

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