Application Details

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  • Application Number: 37/24/00079
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
18/01/2025
Application Decided:
17/10/2025

Subscription Request Sent :

Error :

Type:
Full Planning Permission
Location:
Land Adjacent To, Chapel Road, Fordgate, Bridgwater, Somerset, TA7 0AR
Proposal:
Erection of 2no. dwellings, on site of existing agricultural buildings (to be demolished).
Case Officer:
Shanta Parsons
Registered Date:
27/08/2024
Applicant:
Mr Whitcombe
Applicant Address:
c/o Agent Plymouth PL4 0ST
Agent:
Sutherland PLS Ltd, Unit 6
Agent Address:
Unit 6 Faraday Mill Business Park Prince Rock Plymouth PL4 0ST
Consultation Start Date:
03/10/2025
Earliest Decision Date:
18/01/2025
Committee Date:
14/10/2025
Decision Level:
Committee
Decision:
Granted Permission
Decision Date:
17/10/2025

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 dwellings hereby permitted shall be built and first occupied in accordance with the definition of "self-build and custom housebuilding" as defined in the Self-build and Custom Housebuilding Act 2015 (as amended). Reason: Development in this location as BNG exempt is only considered acceptable on the basis that it meets an identified local need for self or custom build development.
4
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 (2024).
5
The development hereby permitted shall not be occupied until the vehicular accesses and parking spaces, as shown on the approved Block Plan Drg No. 0003 rev D have been provided. Such accesses and parking spaces shall have a properly consolidated surface (not loose stone or gravel) and provision made within the site for the disposal of surface water so as to prevent its discharge onto the highway. Such provision, once installed, shall be thereafter maintained at all times. Reason: in the interests of highway safety in accordance with Policy D14 of the Sedgemoor Local Plan 2011-2032.
6
The development shall be carried out in accordance with the submitted flood risk assessment (Flood Risk Assessment by Sutherland Property and Legal Services Ltd Version 2) and the following mitigation measures it details: Ground floor finished floor levels shall be set no lower than 6.42 metres above Ordnance Datum (AOD); First floor finished floor level shall be set no lower than 8.76 metres above Ordnance Datum (AOD); Flood resilient external door and windows to be used throughout at ground floor level. These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development. Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy D1 of the Sedgemoor Local Plan 2011-2032. .
7
INVESTIGATION AND RISK ASSESSMENT No development shall commence until an investigation and risk assessment of the nature and extent of contamination on site and its findings have been submitted to and approved in writing by the Local Planning Authority. This assessment shall be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. The assessment shall consider all previous uses and shall be conducted in accordance with the Environment Agency's 'Land Contamination Risk Management (LCRM)'. The assessment and written submission shall include: (i) a survey of the nature, extent and significance of any contamination; (ii) 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; (iii) an appraisal of remedial options, and proposal and justification for the preferred option(s). Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and in accordance with sections 11 and 15 of the National Planning Policy Framework. This is a condition precedent because the works comprising the development have the potential to uncover harmful contamination. Therefore these details need to be agreed by submission of an assessment report before work commences in addition to any assessment provided with the planning application. This condition does not restrict commencement of enabling works provided that these may be demonstrated to be entirely for the purposes of ground investigations deemed necessary to inform the risk assessment.
8
SUBMISSION OF A REMEDIATION SCHEME No development shall commence (other than agreed works required to carry out investigations) until a detailed remediation scheme (if required under condition no. 7 to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, controlled waters, ecological systems, buildings and other property and sites of historical interest, has been submitted to and approved in writing by the Local Planning Authority, unless the findings of the approved investigation and risk assessment concludes that a remediation scheme is not required. The scheme shall include: (i) all works to be undertaken; (ii) proposed remediation objectives and remediation criteria; (iii) timetable of works and site management procedures and where the site is to be developed in phases, a phasing plan identifying any specific protection measures; (iv) where required, a monitoring and maintenance programme to monitor the long-term effectiveness of the proposed remediation and a timetable for the submission of reports that demonstrate the effectiveness of the monitoring and maintenance carried out. (v) where required, additional contingency measures designed to safeguard future users and receptors The remediation scheme shall be designed to 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. The development shall not commence until the approved remediation scheme has been carried out, excepting those works required to carry out remediation, or in accordance with the approved timetable of works. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to human health, controlled waters and other offsite receptors and in accordance with sections 11 and 15 of the National Planning Policy Framework. This is a condition precedent because the works comprising the development have the potential to uncover or affect pathways for harmful contamination. Therefore these details need to be agreed before work commences.
9
VERIFICATION REPORTING No occupation shall commence, or where the site is subject to an already approved phasing plan, there shall be no occupation of any part of each phase, until a verification report has been submitted to and approved in writing by the Local Planning Authority, unless the findings of the approved investigation and risk assessment has confirmed that a remediation scheme is not required. The verification report shall confirm that the approved remediation has been completed and demonstrate the effectiveness of the remediation carried out. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and in accordance with sections 11 and 15 of the National Planning Policy Framework.
10
REPORTING OF UNEXPECTED CONTAMINATION In the event that contamination which was not previously identified is found at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority and further development works shall cease unless alternative arrangements have been first agreed in writing with the Local Planning Authority. An investigation and risk assessment shall be undertaken and where remediation is necessary, a revised remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. The revised scheme shall thereafter be implemented as approved. The requirements of this condition shall also apply if other circumstances arise during the development, which require a reconsideration of the approved remediation scheme. Reason: In order to ensure that the land is suitable for the intended uses and to ensure that the development can be carried out safely without unacceptable risks to human health, controlled waters and other off-site receptors and in accordance with Policies D24 and D25 of the Sedgemoor Local Plan and section 11 and 15 of the National Planning Policy Framework. NPPF: Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.
11
Before the use hereby permitted commences, a written scheme for the disposal of foul waste shall be submitted to the local planning authority. No part of the development shall be brought into use until the drainage system has been constructed in accordance with the approved scheme. Reason: To minimise any risk of harm to human health and the environment.
12
Demolition/Construction Operating Times Noise generating activities, including the demolition, clearance, removals, deliveries and redevelopment of the site, shall not occur outside of the following hours: Mon - Fri 08:00-18:00, Sat 08:00 -13:00. All other times, including Sundays, Bank and Public Holidays there shall be no such noise generating activities. Reason: To prevent excessive noise and protect the residential amenity of neighbouring occupiers in accordance with Policies D24 and D25 of the Sedgemoor Local Plan.
13
The development permitted by this planning permission shall only be carried out in accordance with the surface water strategy detailed within the Drainage Report dated May 2025 prepared by KPT Properties (ref CRF01 Final) and the following mitigation measures detailed within the document: Limiting the surface water run-off generated by all rainfall critical storm up to and including the 1 in 100 year plus climate change so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. Provision of surface water attenuation pond on site to attenuate the runoff from the site to 2 l/s from impermeable area. Reason :To prevent flooding by ensuring the satisfactory storage of/disposal of surface water and to prevent flooding elsewhere by ensuring restriction of surface water from the site.
14
Where external lighting is to be installed, prior to construction above damp-proof course level, a lighting design for bats, 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 design shall show how and where external lighting will be installed. Lux levels should be below 0.5 Lux on key & supporting features or habitats. 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. Internal lighting should be recessed where installed in proximity to windows and blinds should be fitted to reduce glare and light spill (Institution of Lighting Professionals & the Bat Conservation Trust 2018). 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
15
As enhancement and compensation measures, and in accordance with National Planning Policy Framework (NPPF), the following will be incorporated into the site proposal with photographs of the installed features submitted to the Local Planning Authority prior to first occupation: Provision of one barn owl box within the landownership Provision of four small bird boxes within the landownership Provision of two integrated bat boxes upon the new dwellings The location and placement of all the suggested features should be agreed with the site ecologist before being installed. Reason: In accordance with Government policy for the enhancement of biodiversity within development as set out within the National Planning Policy Framework and Policy D20 of the Sedgemoor Local Plan.

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