File
The Deane House, Belvedere Road
Taunton, Somerset TA1 1HE
TOWN AND COUNTRY PLANNING ACT, 1990
PHILIP T BROOM FRICS
APRIL COTTAGE
SLOUGH LANE
STOKE ST GREGORY
TAUNTON
TA3 6JQ
APPLICATION NO: 49/2007/022
APPLICATION TYPE: FULL
PROPOSAL:
ERECTION OF DWELLING AT LAND AT 50 NORTHGATE, WIVELISCOMBE
GRID REFERENCE: 308153 128205
Taunton Deane Borough Council under the above Act hereby GRANT PERMISSION for the above
development for the following reason(s):- It is considered that the proposal is reasonable and
accords with Taunton Deane Local Plan Policies S1, S2, S4 and H2 without detriment to the
character of the area and the amenities of the locality.
The development must be carried out in accordance with the application and accompanying plan(s)
submitted to the Council subject to compliance with the following condition(s): 01 The development hereby permitted shall be begun within three years of the date of this
permission.
01 Reason: In accordance with the provisions of Section 51 of the Planning and Compulsory
Purchase Act 2004 (Commencement No. 5 and Savings) Order 2005.
02 Full details of the arrangements to be made for the disposal of foul and surface water drainage
from the proposed development, shall be submitted to and approved in writing by the Local
Planning Authority before any work hereby permitted is commenced, and the approved scheme
thereafter implemented.
02 Reason: The Local Planning Authority wish to ensure that satisfactory drainage is provided to
serve the proposed development(s) so as to avoid environmental amenity or public health
problems in compliance with Taunton Deane Local Plan Policies S1 (E) and EN26.
03 Before the commencement of any works hereby permitted, details or samples of the materials to
be used for all the external surfaces of the building(s) shall be submitted to and be approved in
writing by the Local Planning Authority, and no other materials shall be used without the written
consent of the Local Planning Authority.
03 Reason: To reinforce the local character and distinctiveness of the area in accordance with
Taunton Deane Local Plan Policies S1(D) and S2(A).
04 (i) Before any part of the permitted development is commenced, a landscaping scheme, which
shall include details of the species, siting and numbers to be planted, shall be submitted to and
approved in writing by the Local Planning Authority. (ii) The scheme shall be completely carried
out within the first available planting season from the date of commencement of the
development, or as otherwise extended with the agreement in writing of the Local Planning
Authority. (iii) For a period of five years after the completion of the planting scheme, the trees
and shrubs shall be protected and maintained in a healthy weed free condition to the
satisfaction of the Local Planning Authority and any trees or shrubs that cease to grow shall be
replaced by trees or shrubs of similar size and species, or the appropriate trees or shrubs as
may be approved in writing by the Local Planning Authority.
04 Reason: To ensure that the proposed development makes a satisfactory contribution to the
preservation and enhancement of the local character and distinctiveness of the area in
accordance with Taunton Deane Local Plan Policy S2.
05 The area allocated for parking and turning on the submitted plan shall be properly consolidated,
surfaced, drained and marked out before the use commences or the building is occupied and
shall not be used other than for the parking of vehicles in connection with the development
hereby permitted.
05 Reason: To ensure that there is adequate space within the site for the parking and turning of
vehicles clear of the highway in accordance with Taunton Deane Local Plan Policy M4.
06 No windows, other than those shown on the plan(s) hereby approved, shall be constructed in
the wall of the building which faces the boundary with 49 and 50 Northgate, without the prior
written consent of the Local Planning Authority.
06 Reason: To ensure the privacy of the adjoining occupiers in accordance with Taunton Deane
Local Plan Policy H17(A) (extensions only).
07 Notwithstanding the provisions of the Town & Country Planning General Permitted Development
Order 1995 (or any subsequent order amending or revoking and re-enacting that Order) there
shall be no addition or extension to the dwelling (including the insertion of dormer windows)
unless an application for planning permission in that behalf is first submitted to and approved by
the Local Planning Authority.
07 Reason: The Local Planning Authority is not satisfied that the dwelling could be extended
without detriment to the amenities of the area or the existing dwelling in accordance with
Taunton Deane Local Plan Policies S2 and H17.
08 Prior to the commencement of works the developer should contact Wessex Water regarding the
necessary easements and protection measures to its public surface water sewer, which crosses
the site, unless the Local Planning Authority is advised that such is measures are not
necessary.
08 In order to protect Public Infrastructure in accordance with Taunton Deane Local Plan Policy
S1(E).
NOTE(S) TO APPLICANT:01 The applicant is advised that the adjoining land is allocated as WV1 which is an allocated
housing site in the adopted Taunton Deane Local Plan, and as such there may be two storey
dwellings sited up to the boundary, and these may have an impact on the proposed dwelling.
02 The developer is advised that written consent from the Council's Housing Property Manager
must be obtained in respect of access, drainage and permission to build on the site as the land
was previously Council owned land and the access still is controlled by the Council.
03 The developer is advised that the access drive should not be obstructed by construction
vehicles and builder's vehicles as this access is used by several other owners/occupiers.
04 The Environment Agency advises:- The development should include water efficient appliances,
fittings and systems in order to contribute to reduced water demand in the area. These should
include, as a minimum, dual-flush toilets, water butts, spray taps, low flow showers (no power
showers) and white goods (where installed) with the maximum water efficiency rating.
Greywater recycling and rainwater harvesting should be considered. The submitted scheme
should consist of a detailed list and description (including capacities, water consumption rates
etc. where applicable) of water saving measures to be employed within the development.
Applicants should visit www.environment-agencv.gov.uk > Subjects > Water Resources > How
We Help To Save Water > Publications > Conserving Water in Buildings, for detailed information
on water saving measures. A scheme of water efficiency should be submitted in accordance
with the information supplied on the website
05 The Environment Agency advises:- Water efficiency measures should be incorporated into this
scheme. These could include, for example, water butts, rainwater recycling and the use of
water-efficient internal appliances and systems. It would assist in conserving natural water
resources and offer some contingency during times of water shortage. A copy of our publication
'Conserving Water in Buildings' is available upon request.
06 You are advised that the soakaways should be constructed in accordance with Building
Research Digest 365 (September 1991).
07 The Council's Housing Divisions Property Manager and the Assets Holding Manager should be
contacted for their comments as housing private drains could be affected.
DEVELOPMENT MANAGER
N.B. Notes of the applicant’s rights are overleaf.
Date: 28th June 2007
FORM T. and C.P.3/C
NOTES
(1) If the applicant is aggrieved by the decision of the Local Planning Authority to grant permission for the proposed
development subject to conditions, he may appeal to the Secretary of State in accordance with Section 78 of the Town
and Country Planning Act, 1990 within six months of the date of this notice. (Appeals must be made on a form which
is obtainable from THE CUSTOMER SUPPORT UNIT, PLANNING INSPECTORATE, ROOM 3/15 EAGLE WING,
TEMPLE QUAY HOUSE, 2 THE SQUARE, TEMPLE QUAY, BRISTOL, BS1 6PN (Telephone 0117 3726372).
Identical sets of documents should be submitted to the Planning Inspectorate and the Chief Executive, The Deane
House, Belvedere Road, Taunton TA1 1HE). The Secretary of State has power to allow a longer period for the giving
of a notice of appeal but he will not normally be prepared to exercise this power unless there are special
circumstances, which excuse the delay in giving notice of appeal. The Secretary of State is not required to entertain
an appeal if it appears to him that permission for the proposed development could not have been granted by the Local
Planning Authority otherwise than subject to the conditions imposed by them, having regard to the statutory
requirements, to the provisions of the development order and to any directions given under the order. The Planning
Inspectorate have introduced an online appeals service which you can use to make your appeal online. You can find
the service through the Appeals area of the Planning Portal – see www.planningportal.gov.uk/pcs. The Inspectorate
will publish details of your appeal on the internet (on the Appeals area of the Planning Portal). This may include a copy
of the original planning application form and relevant supporting documents supplied to the local authority by you or
your agent, together with the completed appeal form and information you submit to the Planning Inspectorate. Please
ensure that you only provide information, including personal information belonging to you that you are happy will be
made available to others in this way. If you supply personal information belonging to a third party please ensure you
have their permission to do so. More detailed information about data protection and privacy matters is available on the
Planning Portal.
(2) If permission to develop land is granted subject to conditions, whether by the Planning Authority or by the
Secretary of State, and the owner of the land claims that the land has become incapable of reasonably beneficial use
in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted, he may serve on the Taunton Deane Borough Council, a
purchase notice requiring that Council to purchase his interest in the land in accordance with the provisions of Part VI
of the Town and Country Planning Act, 1990.
(3) In certain circumstances, a claim may be made against the Planning Authority for compensation, where
permission is granted subject to conditions by the Secretary of State on appeal or on a reference of the application to
him. The circumstances in which such compensation is payable are set out in Section 114 of the Town and Country
Planning Act, 1990.
(4) Having regard to the powers of the Highway Authority under the Highways Act, 1980, you should consult the
Planning Liaison Officer, County Highways, Somerset County Council, County Hall, Taunton, TA1 4DY (Telephone:
01823 321501) in respect of a proposal within or immediately adjacent to a public highway (e.g. footpath and margin
crossings, piping of ditches, construction of waiting bays etc.).
(5) This permission does not authorise you to stop up or divert a public right of way in order to enable the
development permitted to be carried out. Separate legal steps are necessary for this, and, if required, further
information can be obtained from the Somerset County Council, Rights of Way Team, County Hall, Taunton,
Somerset, TA1 4DY (Telephone 01823 355455).
(6) You are advised to investigate the possible existence of apparatus of Statutory Undertakers before commencing
the development.
(7) In the case of development which will result in (1) buildings or premises to which the public are to be admitted
whether on payment or otherwise, or (2) office premises, shop premises and railway premises to which the Office,
Shops and Railway Premises Act, 1968, applies; premises which are deemed to be such premises for the purpose of
that Act, or factories as defined by Section 175 of the Factories Act, 1961; being premises in which persons are
employed to work, attention is drawn to Sections 4 and 7 of the Chronically Sick and Disabled Persons Act, 1970, in
connection with (1) and to Sections 8 and 8A of that Act and the Code of Practice for Access for the Disabled to
Building (i.e. British Standards Institution Code of Practice referred to as BS 5410:1971) in connection with (2).
(8) In the case of development which will result in the provision of a building intended for the purposes of (1) a
university, university college or college or a school or of a school or hall of a university; or (2) a school within the
meaning of the Education Act, 1944, a teacher training college maintained by a Local Education Authority in England
or Wales or any other institution providing further education pursuant to a scheme under Section 42 of that Act,
attention is drawn to Sections 7 and 8 of the Chronically Sick and Disabled Persons Act, 1970, and Design Note 18
"Access for the Physically Disabled to Educational Buildings", published on behalf of the Secretary of State for the
Environment.
(9) This decision notice does not purport to convey any approval or consent which may be required by any byelaw,
order, regulation or any enactment other than the Town and Country Planning Act, 1990. In particular it may be
necessary to submit an application for approval under the Building Regulations, advice on which may be obtained
from the Building Control Officer, The Deane House, Belvedere Road, Taunton. (Telephone: 01823 356470).