Application Details

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  • Application Number: 52/20/00024
  • Parish/Town Council: West Huntspill

Application Progress:

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Application Registered:
Comments Welcome By:
14/07/2021
Application Decided:
15/06/2023

Subscription Request Sent :

Error :

Type:
Outline Planning Permission
Location:
Land South Of, New Road, West Huntspill, Highbridge, Somerset, TA9
Proposal:
Outline application with some matters reserved for the erection of up to 45 dwellings, a car park, public open space, and other associated infrastructure with all matters reserved for future consideration except access.
Case Officer:
Dawn de Vries
Registered Date:
29/12/2020
Applicant:
West Huntspill LVA LLP
Applicant Address:
C/o Agent
Current Applicant:
Edenstone Homes
Agent:
Walsingham Planning, 1 Gas Ferry Road
Agent Address:
1 Gas Ferry Road Hotwells Bristol BS1 6UN
Current Agent:
Planning Potential Ltd., 1 Victoria Street
Current Agent Address:
1 Victoria Street Redcliffe Bristol BS1 6AA
Consultation Start Date:
15/06/2021
Earliest Decision Date:
14/07/2021
Committee Date:
12/10/2021
Decision Level:
Committee
Decision:
Granted Permission
Decision Date:
15/06/2023

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 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 18 months from the date of this permission. The development hereby permitted shall be begun either before the expiration of four 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 Location Plan Drg No. 190201 L 01 01 Tree Constraints Plan 1 Drg No. 05418 TCP Tree Constraints Plan 2 Drg No. 05418 TCP Tree Protection Plan 1 Drg No. 05418 TPP.AIA Tree Protection Plan 2 Drg No. 05418 TPP.AIA Tree Protection Plan 3 Drg No. 05418 TPP.AIA Swept Path Analysis of Proposed Site Access (Refuse Vehicle) Drg No. 194626-C01-AT01 Proposed Site Access General Arrangement Visibility Splays Drg No. 194626-C01B Topographical Survey Drg No. A19059_2DSX Development Parameters & Design Principles Drg No. 190210 L 02 02 Visibility Distances at Pedestrian Crossings Drg No. 194626-C02-01B Visibility Distances at Pedestrian Crossings 70m Drg No. 194626-C02-02A Reason: For the avoidance of doubt and in the interests of proper planning.
3
The Phase 1 Survey has already been completed and submitted with the application and therefore condition 3A has been met. Further information shall be submitted regarding the assessment and mitigation of potential ground gases arising from soils. 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: (i) a survey of the extent, scale and nature of contamination; (ii) 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. (iii) an assessment of the potential risks to: o human health, o property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, o adjoining land, o groundwaters and surface waters, o ecological systems, o 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: This condition is pre commencement 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.
17/05/2024
4
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 Environmental Management Plan (CEMP) 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 CEMP shall, amongst other things, include:- a) Measures to regulate the routing of construction traffic; 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; mitigation of construction impacts in pursuance of the Environmental Code of Construction Practice 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, compound, parking for contractors 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) details of number of construction vehicle movements (per day) and routes n) construction devilery hours 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
17/05/2024
5
No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and in accordance with the principles set out in The National Planning Policy Framework, associated Planning Policy Guidance and the Non-statutory technical standards for sustainable drainage systems and the Non-statutory technical standards for sustainable drainage systems, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development (or relevant dwelling) is occupied. The system should be designed such that there is no surcharging for a 1 in 30 year event and no internal property flooding for a 1 in 100 year event + 40% allowance for climate change. The submitted details shall: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharge rate and volume from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters ii. provide a plan indicating flood exceedance routes, both on and off site in the event of a blockage or rainfall event that exceeds the designed capacity of the system 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. Including: details of land ownership; maintenance responsibilities; a description of system; the identification of individual assets, services and access requirements; details of routine and periodic maintenance activities. The surface water drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan for the lifetime of the development. iiii. provide details of gullies, connections, soakaways and means of attenuation to ensure an appropriate means of discharge for the highway The drainage strategy shall ensure that surface water runoff post development is attenuated on site and discharged at a rate and volume agreed with the IDB. Such works shall be carried out in accordance with the approved details. Reason: This condition is pre commencement to ensure that the development is served by a satisfactory system of surface water drainage and that the approved system is retained, managed and maintained throughout the lifetime of the development, in accordance with National Planning Policy Framework (July 2021) and the Technical Guidance to the National Planning Policy Framework.
6
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 in order to ensure that local labour is used in the project from the start and in accordance with Policy D15.
01/05/2024
7
The development shall be carried out in accordance with the submitted flood risk assessment by Vectos dated December 2020 and the following mitigation measures it details: Finished floor levels shall be set no lower than 500mm above existing ground levels as per appendix G Provision of an upper floor safe refuge area These mitigation measures shall be fully implemented prior to first occupation and subsequently retained and maintained thereafter throughout the lifetime of the development. Reasons: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy D1 of the Local Plan
8
No development approved by this planning permission shall commence until such time as a scheme detailing flood resilience measures to be incorporated in the construction of the development has been submitted to, and approved in writing by, the local planning authority. The approved scheme shall be fully implemented and subsequently maintained, in accordance with the scheme's timing/ phasing arrangements, or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reason: This condition is pre commencement to reduce the residual risk of flooding to the proposed development and its future users in accordance with Policy D1 of the Local Plan.
01/05/2024
9
The approval of reserved matters application shall submit a sustainability statement to the Local Planning Authority for approval to confirm how all the potential measures and provision of renewables has been incorporated into the development scheme. Once approved the development shall be carried out in accordance with this statement. Reason: In accordance with Policies S5 and D3 of the Local Plan.
10
There shall be no obstruction to visibility greater than 600mm above adjoining road level within the splay areas shown on Drawing number 194626-C01 Rev B. Such visibility splays shall be fully provided before first occupation of the development hereby permitted and shall thereafter be maintained at all times. Reason: In the interests of Highway safety
11
For any phase of the development the proposed estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus laybys, 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 parking and street furniture shall be constructed and laid out in accordance with details that will be submitted to and approved in writing by the local Planning Authority 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 interest of the safety and convenience of road users and the residents of the proposed dwellings in accordance with Policies D13 and D14 of the Local Plan.
12
The proposed roads, including footpaths and turning spaces where applicable, 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 footpath and carriageway to at least base course level between the dwelling and existing highway. Reason: In the interests of highway safety in accordance with Policies D13 and D14 of the Local Plan.
13
Prior to commencement the details of the roofing materials and of the materials to be used in the construction of the external walls shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be undertaken in accordance with the approved details. Reason: This condition is pre commencement in the interests of visual amenity.
14
As part of the approval of reserved matters a Landscape Planting Plan 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 of that phase and prior to the occupation of the final dwelling in that phase 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. 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: 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 in accordance with Policies D2, D19, D20 and D21 of the Local Plan.
15
The details of lighting for the construction period and lighting as a result of the development (lighting design for bats) shall be submitted to and approved in writing by the local planning authority prior to the commencement of development. The strategy shall: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed (through the provision of 'lighting contour plans and 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. All external lighting shall be installed during the construction and permenantly shall be in accordance with the specifications and locations and maintained thereafter in accordance with the strategy. No other external lighting shall 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 Policies D20 and D21 of the Local Plan.
22/05/2024
16
Prior to commencement of development on site a hedgerow protection plan and arboricultural method statement shall be prepared and submitted to the LPA for approval. This will include: Location of temporary protective fencing covering mature trees on site and mature trees adjoining the development site, to be erected in line with root protection areas in accordance with BS 5837:2012 (Trees in relation design, demolition & Construction - Recommendations ) Confirmation that 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 Confirmation that the temporary protective fencing shall be erected prior to commencement of works within the RPA and retained for the duration of the works and shall not be altered or realigned without prior approval in writing by the LPA. Confirmation that all tree surgery shall be carried out in accordance with BS 3998:2010 (Tree work - Recommendations) by a suitably qualified arborist. Restriction on tree surgery during the bird nesting season, which is approximately between March & September (inclusive). Which if not possible, a survey for nesting birds shall be carried out immediately prior to commencement of the works by a suitably qualified ecologist. Any nesting birds discovered will be buffered by an exclusion zone determined by the ecologist which will remain in force until any chicks have fledged. All construction works shall be carried out in accordance with the approved statement. Reason : This condition is pre commencement to ensure that the proposed development can be undertaken in accordance with Policies D19 and D20 of the Local Plan with minimal risk of adverse impact on the trees and to ensure compliance of the Wildlife & Countryside Act 1981 :Part 1.
22/05/2024
17
Prior to the commencement of development a 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. 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: This condition is prior to commencement 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.
22/05/2024
18
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). 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 and lines of communication. 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: A pre-commencement condition is required in the interests of European and UK protected species, s41 priority species (Natural Environmental and Rural Communities Act 2006) and in accordance with policies D20 and D21 of the Local Plan.
22/05/2024
19
As part of approval of reserved matters a scheme including the installation of bird and bat boxes/tubes as confirmed within the Ecological Impact Assessment shall be provided to include locations and specifications. Once approved they shall be erected in accordance with the approved details prior to the occupation of the related property and they shall be maintained in perpetuity thereafter. Reason: In the interests of biodiversity and in accordance with Government policy as site out in the National Planning Policy Framework
22/05/2024
20
Works shall not in any circumstances commence unless the Local Planning Authority has been provided with either: a) a copy of the licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 authorising the development to go ahead; or b) a statement in writing from the licensed ecologist to the effect that he/she does not consider that the specified development will require a licence. Reason: A pre-commencement condition in the interests of the strict protection of European protected species and in accordance with policy D20 of the Sedgemoor Local Plan 2011-2032.

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