Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Hearing held on 8 February 2024 Site visit made on 8 February 2024 by R Sabu BA(Hons), MA, BArch, PgDip, RIBA, ARB an Inspector appointed by the Secretary of State Decision date: 8 March 2024 Appeal Ref: APP/E3335/W/23/3329095 Land South of Southmead, Perry Street, Tatworth and Forton, Chard TA20 2PU • The appeal is made under section 78 of the Town and Country Planning Act 1990 (Act) against a refusal to grant outline planning permission. • The appeal is made by Mr A P Mear, Mrs N C Mear and Crossman Acquisitions Ltd against the decision of Somerset Council. • The application Ref 21/03296/OUT, dated 29 October 2021, was refused by notice dated 6 July 2023. • The development proposed is erection of up to 95 dwellings (35% affordable housing), with vehicular access from Roman Road, public open space, landscaping, sustainable drainage system, package treatment plant and associated works. Decision 1.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The appeal is allowed and planning permission is granted for erection of up to 95 dwellings (35% affordable housing), with vehicular access from Roman Road, public open space, landscaping, sustainable drainage system, package treatment plant and associated works at Land South of Southmead, Perry Street, Tatworth And Forton, Chard TA20 2PU in accordance with the terms of the application, Ref 21/03296/OUT, subject to the conditions in the attached schedule. Preliminary Matters 2. I have used the description of development from the decision notice rather than from the application form. This is because the number of proposed dwellings was amended during the application process. I have also omitted wording that do not constitute an act of development. 3. The National Planning Policy Framework (Framework) was revised in December 2023. The changes and any implications for the appeal were discussed during the hearing. I have taken into account the revised Framework in my consideration of the appeal. 4. The application was submitted in outline with all matters reserved apart from access. I have therefore considered the drawings that do not relate to access on an indicative but informative basis.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The Parameter Plan is sought for approval and I have considered it in my assessment of the scheme. 5. In November 2023 all designated Areas of Outstanding Natural Beauty (AONBs) in England and Wales became National Landscapes (NL). I will therefore refer to former AONBs as NLs in the assessment below. https://www.gov.uk/planning-inspectorate

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The Parameter Plan is sought for approval and I have considered it in my assessment of the scheme. 5. In November 2023 all designated Areas of Outstanding Natural Beauty (AONBs) in England and Wales became National Landscapes (NL). I will therefore refer to former AONBs as NLs in the assessment below. https://www.gov.uk/planning-inspectorate

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/23/3329095 Main Issues 6. The main issues are: • the effect of the proposal on the character and appearance of the area; • whether the proposal would provide adequate social and community infrastructure; and • the effect of the proposal on Somerset Levels and Moors Ramsar site and River Axe Special Area of Conversation (SAC). Reasons Character and appearance 7. The site consists of agricultural grassland and lies to the southeast of Roman Road and Perry Street (B3167). To the northwest of the road lies Tatworth which is classified as a rural settlement in the South Somerset Local Plan (2006 – 2028) Adopted March 2015 (LP). 8. To the south and southeast of the site lie open fields and the River Axe valley beyond. The surrounding area to the south and east of the site therefore has an open rural character. The site lies within Visual Character Region 2: Blackdown Hills Plateau Footslopes and Valleys and within the Landscape Character Zone: Rolling Ridgeland and Southern Open Escarpments (LCZ) as set out in the Landscape of South Somerset (1993) (LSS). 9. Part of the northern extents of the LCZ lies within the Blackdown Hills NL.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision However, the site and the southern part of the LCZ is not designated. While not designated as a NL, as stated in the Landscape and Visual Impact Assessment (LVIA), it is a very attractive landscape which is in good condition and is judged to be of ‘high’ value and the site is in keeping with this characterisation. 10. The LVIA identifies a number of Local Landscape Character Areas (LLCA). The site lies within LLCA 2: Agricultural Land to the South of Tatworth and covers the area along the northwestern slopes of the Axe Valley. The site is in keeping with the characteristics of this LLCA which generally comprise small fields defined by mature native hedgerows. 11. To the north of the site lies LLCA 1: Southern edge of Tatworth which largely comprises the settlement of Tatworth. The southern edge of this LLCA is defined by the B3167. As the site consists of undeveloped fields and is separated from Tatworth by the B3167, it has a closer relationship with the open countryside than with the settlement. 12. Chilson Common is a no-through road that lies to the south of the site and leads to the hamlet of Chilson Common.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The dwellings of Sunnydale and Rose Cottage lie in close proximity to the site, whereas other dwellings in the hamlet lie some distance away. 13. Given the open, undeveloped nature of the site, it provides a clear separation of the hamlet from Tatworth. As the properties of Chilson Common are of a range of ages and types, as well as orientation and spacing, the hamlet has an organic, rural character. https://www.gov.uk/planning-inspectorate 2

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The dwellings of Sunnydale and Rose Cottage lie in close proximity to the site, whereas other dwellings in the hamlet lie some distance away. 13. Given the open, undeveloped nature of the site, it provides a clear separation of the hamlet from Tatworth. As the properties of Chilson Common are of a range of ages and types, as well as orientation and spacing, the hamlet has an organic, rural character. https://www.gov.uk/planning-inspectorate 2

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/23/3329095 14. In terms of the proposal, although matters such as layout, scale and appearance would be subject to future consideration of reserved matters applications, the proposal for 95 dwellings would nonetheless introduce a considerable number of dwellings, driveways, gardens and domestic paraphernalia to the site. This would urbanise the site and alter the open rural character of the site and surrounding area to the south and east. 15. It would extend the settlement of Tatworth in a southeasterly direction towards the River Axe Valley and Chilson Common. The urbanisation of the site would be seen particularly in views from the south along Roman Road and Perry Street. It would also be seen from Chilson Common. As the area to the southeast of the B3167 is largely undeveloped, the proposal would appear as a discordant intrusion into the open countryside. It would significantly diminish the open rural character of the landscape when viewed in close-range distances from the south and west. 16. The LVIA assessed long range views from the southeast from across the valley within the Dorset NL by taking Viewpoint 12 as a representative viewpoint.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The LVIA considered that the proposal would result in a small increase in the proportion of built form that would be unlikely to draw the attention of the viewer any more than the existing village. However, as I observed during my time spent in the area, although the proposal would be seen against the backdrop of Tatworth, the extension of the settlement down the valley and the resulting intrusion into the open countryside would be seen in some long range views, particularly from Headstock Road. 17. As the proposal would appear as an extension of built development outside Dorset NL, it would not harm its setting. However, as the scheme would adversely affect the open rural character of the area along the side of the valley to the southeast of the B3167, it would nonetheless result in moderate harm to the open rural character of the area. 18. Consequently, the proposal would harm the character and appearance of the area. Therefore, it would conflict with LP Policies EQ2 and SS2 which together seek development that preserves or enhances the character and appearance of the district and is commensurate with the scale and character of the settlement. 19.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision As the harm to the character of the area in long-range views would be limited, and views to the site from the north and west would limited by built development and topography, the overall harm to the character and appearance of the area would be moderate. Social and community infrastructure 20. The Appellant has completed a legal agreement with Somerset Council under s106 of the Act. It includes provisions relating to off-site contributions towards costs incurred in connection with the provision and/or improvement of changing rooms to serve the development. It also includes a provision for off- site contribution towards the costs incurred in connection to the provision and / or improvement of playing pitches to serve the development. 21. The evidence from the Council details that the contributions are qualitative rather than quantitative. As discussed during the hearing, the cost of qualitative measures towards improvements of playing pitches and changing https://www.gov.uk/planning-inspectorate 3

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/23/3329095 rooms were based on the formula used for new facilities and the estimated floor area per person generated by the development. There is little substantial evidence before me of an assessment of the quality of the existing playing pitches and changing rooms or the cost of proposed improvements. 22. I note the s106 and the Council’s Delivery Strategy do not exclude the provision of development of additional pitches and development at Forton Recreation Ground. However, as the wider evidence indicates that the contribution would be used for improvements rather than new facilities, and there is no substantial evidence to indicate how money towards existing facilities would be spent, this contribution is not justified and would not meet the tests set out in the Framework and in Regulation 122 of the Community Infrastructure Levy (2010). 23. The s106 also includes a contribution towards costs incurred in connection with early years school places. The evidence indicates that the proposal would give rise to a need for 8 full time early years places. I also note the evidence indicating that the Tatworth area has capacity for early years places.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision However, the wider evidence indicates that when taking into account part-time places, the timing of enrolment, and children on waiting lists, the pre-school will soon be at full capacity. Therefore, the contribution towards early years education is justified. 24. I am satisfied that the obligation regarding early years school places meets the three tests set out in Paragraph 57 of the Framework for planning obligations, which reflect those set out in Regulation 122 of the Community Infrastructure Levy (2010). As a result, I have taken the S106 into account. 25. Consequently, the proposal would provide adequate social and community infrastructure with respect to early years school places. Therefore, the proposal would not conflict with LP Policies SS6 and HW1 in this particular respect which seek, among other things, contributions towards sports and community facilities. 26. LP Policies HG3 and EQ4 relate to affordable housing and biodiversity and are not relevant to this main issue. Somerset Levels and Moors Ramsar site and River Axe Special Area of Conversation (SAC) 27. The site lies within the fluvial catchment of the River Axe SAC and Somerset Levels and Moors Ramsar site.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The conservation objectives of the River Axe SAC include maintaining or restoring the extent and distribution of qualifying natural habitats and habitats of qualifying species. Species included in the reason for designation include sea lamprey, brook lamprey and bullhead. 28. As stated by Natural England (NE), the designated sites are considered to be in unfavourable condition or at risk due to high levels of phosphorus. The phosphate load from the proposed development could cause a likely significant effect on the conservation objectives of the River Axe SAC and Ramsar site both alone and in combination with other developments. Therefore, an Appropriate Assessment is necessary. Appropriate Assessment https://www.gov.uk/planning-inspectorate 4

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/23/3329095 29. As confirmed by NE, as per the ‘Nutrient Neutrality Assessment & Mitigation Strategy’ (RMA Environmental, August 2022) the River Axe catchment calculator from the most recent Natural England methodology has been used to calculate the phosphorus budget for the proposed development. 30. The proposed mitigation includes the wastewater from the proposed dwellings to be treated using a Package Treatment Plant (PTP) with a chemical dosing unit, that will be adopted, managed and maintained by a body regulated by Ofwat. 31. The submitted s106 requires, among other things, that PTP arrangements including measures to secure Phosphate Effluent Concentration, and land use areas have been agreed with the Council and the PTP installed prior to the occupation of any of the proposed dwellings. 32. The proposal also includes upgrading septic tanks to more efficient PTPs in 3 existing off-site properties in order to off-set the remaining phosphorous budget. Unilateral Undertakings have been provided which require the owners of those properties to install prior to occupation and maintain PTPs at their properties. 33.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The obligations would be necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development, in accordance with Regulation 122 of the CIL Regulations. As such, the obligations would secure the mitigation measures such that the proposal would not have a likely significant effect on the River Axe SAC, Somerset Levels and Moors Ramsar site and underpinning SSSIs. 34. Consequently, the proposal would not harm Somerset Levels and Moors Ramsar site and River Axe SAC. Therefore, it would not conflict with LP Policy EQ4 which resists development that would result in any adverse impact on the integrity of national and international wildlife and landscape designations. Other Matters 35. I note local concerns regarding traffic. However, the Highway Authority has not objected to the scheme. In addition, the Transport Assessment submitted by the Appellant concluded that the number of additional vehicle trips predicted to be generated by the development will have a negligible impact on the operation of the local highway network.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Therefore, although I note local evidence of traffic congestion and accidents in the area and recognise that vehicular trips along School Lane may increase, I have no reason to conclude that the proposal would have an unacceptable impact on highway safety or severe cumulative impact on the local highway network. 36. The site lies in Flood Zone 1 and the Lead Local Flood Authority has not objected to the proposal subject to conditions. The scheme would result in an increase in impermeable areas on the site. However, the Flood Risk Assessment sets out that a SuDS drainage scheme is proposed to manage excess runoff from the development, comprising a detention basin designed to maintain runoff at pre-development rates, with an outfall to the bounding watercourse. Accordingly, the proposal would not increase flood risk elsewhere and this issue has not altered my overall decision. https://www.gov.uk/planning-inspectorate 5

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/23/3329095 37. I acknowledge concerns regarding the effect of the proposal on the water supply to nearby business SwissTulle Ltd which is via a well that is sited in a field adjacent to the site. There is no evidence before me to demonstrate that the proposal would result in contamination or other adverse effect on the water supply. Therefore, I see no reason why this matter could not be dealt with by condition. As such, this matter has not altered my overall decision. 38. About one third of the site lies on Grade 2 (very good) agricultural land, while the remainder of the land is classed as Grade 3 (good to moderate). Given the modest size of the site as well as it not being the best and most versatile agricultural land, the loss of this agricultural land would not conflict development plan policy or the Framework. Planning Balance 39. A confirmed during the hearing, the Council are able to demonstrate a housing supply of between 2.98 years and 3.1 years. This amounts to around 1,363 dwellings over five years and represents a significant shortfall. Accordingly, the provisions of paragraph 11dii of the Framework are triggered. 40.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision The proposal would result in conflict with LP Policies EQ2 and SS2. It would therefore conflict with the development plan as a whole. As the harm to the character and appearance of the area would be moderate, I attribute moderate weight to the conflict with these policies. 41. Balanced against this harm, the proposal would contribute up to 95 dwellings to the local housing supply. Given the housing shortfall, I attribute significant weight to this benefit. 42. 35% of the proposed dwellings would be affordable housing in accordance with LP Policy HG3. The evidence indicates a significant need for affordable housing. I therefore attach significant weight to the provision of affordable homes. 43. There would be temporary economic benefits during the construction phase and future occupiers would contribute to local services. Given the number of dwellings proposed, I attribute moderate weight to these benefits. 44. There would be ecological benefits through biodiversity net gain to which I attach moderate weight. As the proposal would offset a slightly greater nutrient load than required, I attribute limited weight to this benefit.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision As the local community would have access to open space and orchard on the site, I attribute limited weight to this associated social benefit. 45. Given the above, the adverse impacts of the proposal do not significantly and demonstrably outweigh the benefits. This is a material consideration which warrants a decision other than in accordance with the development plan. Conditions 46. The condition relating to submission of reserved matters allows for the self- build aspects of the scheme to be submitted within a longer timeframe than the other aspects of the proposal. As the marketing of the self-build plots would need to be conducted after the marketing of other parts of the proposal, this condition is justified and necessary. The plans condition is necessary in the interests of certainty. https://www.gov.uk/planning-inspectorate 6

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/23/3329095 47. The conditions regarding phasing, vehicular access and pedestrian crossing are necessary in the interests of highway safety. As the pedestrian crossing would lie on land controlled by the highway authority, there is a reasonable prospect of it being implemented. 48. To safeguard the character and appearance of the area, a condition regarding tree and hedgerow protection measures is necessary. The condition relating to construction environmental management plan for biodiversity is necessary in the interests of ecology. 49. The conditions regarding water consumption, energy strategy, sustainable construction statement and renewable energy compliance statement are necessary for sustainability and the conditions relating to sustainable surface water drainage and foul water drainage are needed to safeguard against flooding. 50. Conditions regarding a Construction Environmental Management Plan and contamination are necessary in the interests of the living conditions of neighbouring and future occupiers. 51. Given the potential for archaeological significance identified in the evidence, the condition relating to archaeology is necessary.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — Appeal Decision Since a public sewer runs through the site, the relevant condition is necessary. 52. The suggested condition restricting the number of dwellings is not necessary as the number of dwellings is stated in the description of development. The conditions relating to landscaping, lighting, estate roads are not necessary as landscape and layout are reserved matters. Planning Obligations 53. In addition to the provisions discussed above, the s106 includes provisions relating to affordable housing, self-build homes, education contribution, NHS contribution, youth facilities, travel plan and open space. 54. I am satisfied that in each case except for changing rooms and playing pitches, the obligations meet the three tests set out in Paragraph 57 of the Framework for planning obligations, which reflect those set out in Regulation 122 of the Community Infrastructure Levy (2010). As a result, I have taken the s106 into account. Conclusion 55. For the reasons given above the appeal should be allowed.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu INSPECTOR https://www.gov.uk/planning-inspectorate 7

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/E3335/W/23/3329095 Schedule of Conditions 1) Details of layout, scale, appearance and landscaping (the ‘reserved matters’) shall be submitted to, and approved in writing by the local planning authority before any development hereby permitted takes place, and the development shall be carried out as approved. Application for approval of the reserved matters shall be made to the local planning authority not later than the expiration of 3 years from the date of this permission with the exception of the reserved matters for the self-build plots hereby permitted, which shall be made to the local planning authority not later than the expiration of 5 years from the date of this permission. 2) Commencement of development of the self-build plots must begin not later than the expiration of 2 years from the last of the self-build reserved matters to be approved. Commencement of development of the remainder of the development must begin not later than the expiration of 2 years from the approval of those reserved matters (or, in the case of approval on different dates, the date of approval of the last of those reserved matters to be approved).

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu 3) The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan (ref: 2664, L01, Rev.B), Scale Parameters Plan (ref: 2664 P.02 Rev.B), Proposed Perry Street Site Access Arrangement (ref: 7247/SK/203, Rev.D). 4) No development shall commence until a programme showing the phasing of the development has been submitted to and approved in writing by the local planning authority and the development shall not proceed other than in accordance with the approved programme. 5) No development or site preparation works shall commence of each phase of development until a scheme of tree and hedgerow protection measures has been submitted to and approved in writing by the local planning authority. The scheme shall be in accordance with the recommendations of the Preliminary Arboricultural Impact Assessment dated 26/10/21, the Tree Retention and Approval Plan ref: 12920/P02 and Ecological Assessment dated October 2021. No development shall thereafter commence until the tree protection measures have been installed in accordance with the approved details. . The approved tree protection measures shall remain in place in their entirety for the duration of the construction period.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu 6) No development shall commence of each phase of development until a construction environmental management plan (CEMP: Biodiversity) for that phase 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". https://www.gov.uk/planning-inspectorate 8

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu 6) No development shall commence of each phase of development until a construction environmental management plan (CEMP: Biodiversity) for that phase 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". https://www.gov.uk/planning-inspectorate 8

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu Appeal Decision APP/E3335/W/23/3329095 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, badgers buffer zones, dormice precautionary working method statement, precautions for reptiles, etc. 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. i) Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu 7) No development shall commence of each phase of development until a Construction Environmental Management Plan (CEMP) for that phase has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following: a. Details of the working methods to be employed on site during the construction (and preparation associated with construction) of the site, b. Measures (including screening) to be taken to minimise emissions of dust, fumes, odour, noise, vibration. Details for the safe disposal of waste materials shall also be included confirming that no burning of site generated waste is permitted, c. Construction vehicle movements, d. Delivery and construction operation hours and expected number of construction vehicles per day, e. Construction vehicular routes to and from site, f. Car parking for contractors, g. Specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice, h. Storage of plant and materials used in constructing the development, i. Other measures to control the emission of dust and dirt deposition during construction including any wheel washing facilities, j.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu Prevention of nuisance caused by radios, alarms, PA systems or raised voices And shall confirm: That noise generating activities shall not occur outside of the following hours: • Monday to Friday 8am to 6pm https://www.gov.uk/planning-inspectorate 9

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu Prevention of nuisance caused by radios, alarms, PA systems or raised voices And shall confirm: That noise generating activities shall not occur outside of the following hours: • Monday to Friday 8am to 6pm https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/E3335/W/23/3329095 • Saturday 8am to 1pm All other times, including Sundays, Bank and Public Holidays there shall be no such noise generating activities. The development shall thereafter be carried out in accordance with the approved CEMP details. 8) No development shall commence except archaeological investigation work, until a programme of archaeological work has been implemented in accordance with a Written Scheme of Investigation (WSI) which has been submitted to and approved in writing by the local planning authority. The WSI shall include details of the archaeological excavation, the recording of the heritage asset, the analysis of evidence recovered from the site and publication of the results. The development hereby permitted shall be undertaken in accordance with the approved WSI.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu 9) No development shall commence until a detailed scheme for the provision of a new pedestrian crossing on Perry Street to the north of the junction with School Lane, a new footpath between the vehicular access and the proposed new pedestrian crossing and relocation of the existing bus shelter on the eastern side of Perry Street to the rear (eastern) edge of the proposed new footpath in accordance with approved drawing no. 7247/SK/203 Rev D has been submitted to and agreed in writing by the Local Planning Officer. No occupation of any dwellings shall thereafter commence until the approved works have been completed. 10) No development shall commence until a foul water drainage strategy, including details of the proposed package treatment plant to serve the development hereby approved, has been submitted to and approved in writing by the local planning authority. None of the dwellings hereby approved shall be first occupied until the foul water drainage strategy has been implemented in accordance with the approved details. 11) With or before the submission of Reserved Matters, an Energy Strategy for each phase of development shall be submitted to and approved in writing by the local planning authority.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu The Energy Strategy will provide details of the sustainability measures incorporated in the design of the development to achieve the predicted energy and CO2 savings set out in the approved Energy Statement dated 29 October 2021.The proposed development will be carried out in accordance with the approved Energy Strategy prior to the first occupation of the permitted dwellings. 12) With or before the submission of Reserved Matters, details of the sustainable surface water drainage scheme for the site shall be submitted to and approved in writing by the local planning authority. The 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 and the Flood and Water Management Act (2010). The development shall include measures to 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.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu 13) The reserved matters application(s) relating to layout and/or appearance shall include a Sustainable Construction Statement detailing the sustainable construction methods to be used in the development. This https://www.gov.uk/planning-inspectorate 10

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu 13) The reserved matters application(s) relating to layout and/or appearance shall include a Sustainable Construction Statement detailing the sustainable construction methods to be used in the development. This https://www.gov.uk/planning-inspectorate 10

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu Appeal Decision APP/E3335/W/23/3329095 shall demonstrate that at the date of the permission the development can achieve an overall reduction in carbon emissions of at least 19% as compared to the Building Regulations Part L baseline; at least 10% of the overall reduction shall be by means of on-site renewable energy generation and the remaining 5% by other means (for example energy efficient construction). The development shall thereafter be carried out in accordance with the approved methods. 14) 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. 15) No individual dwelling hereby approved shall be occupied until a Renewable Energy Compliance Statement for that dwelling has been submitted and approved in writing by the local planning authority. The statement shall confirm that the development has been constructed in accordance with the Sustainable Construction Statement secured by condition above.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu The Renewable Energy Compliance Statement shall include details of renewables; calculations demonstrating compliance; Building Regulations Part L post-completion documents for renewables; Building Regulations Part L postcompletion document for energy efficiency; and Microgeneration Certification Scheme (MCS) Certificate/s. 16) No individual dwelling hereby approved shall be occupied until the vehicular access has been constructed in accordance with drawing no ‘7247/SK/203, Rev.D’ and any pedestrian or cycle connectivity between the site and its surroundings (in accordance with details previously submitted to, and approved in writing by the local planning authority), have been constructed as approved and made available for use. There shall be no obstruction to visibility greater than 600mm above ground level within the area of the approved visibility splays shown on plan ‘7247/SK/203, Rev.D’. Once constructed and made available for use, the approved vehicular, pedestrian and cycle access accesses shall be retained as such only for their intended use, and visibility splays shall be retained as implemented.

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu 17) The proposed roads, including service roads, footpaths, parking and turning spaces, 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 club and the existing highway. 18) Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development or relevant phase of development is resumed or continued. https://www.gov.uk/planning-inspectorate 11

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu Appeal Decision APP/E3335/W/23/3329095 19) No development hereby approved shall be located within 3m of either side of the public sewer that crosses the site. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 12

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu Appeal Decision APP/E3335/W/23/3329095 19) No development hereby approved shall be located within 3m of either side of the public sewer that crosses the site. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 12

Land South Of Southmead, Perry Street, Tatworth And Forton, Chard, TA20 2PU — Somerset Council — R Sabu Appeal Decision APP/E3335/W/23/3329095 APPEARANCES FOR THE APPELLANT: Matthew Halstead Director, Crossman Acquisitions Ltd Peter Richards Landscape Architect and Urban Designer FOR THE LOCAL PLANNING AUTHORITY: Rachel Tadman Planning Consultant (South Area Planning Team) Charlotte Fry Strategic Planner Frances Gully Planner (Education Contributions) INTERESTED PARTIES: Robert Bannister Local resident Fletcher Robinson CPRE Steve Christopher Local resident Amanda Christopher Local resident Nigel Clist Local resident Sarah Clist Local resident Margaret Mercer Local resident Lindsey Bristow General Manager Swiss Tulle Cllr David Peake Tatworth and Forton Parish Council and local resident Christine Heale Tatworth and Forton Parish Council Cllr Peter Seib Chair of development management planning committee Daniel Mumby Somerset Live DOCUMENTS s106 legal agreement 3 Unilateral undertakings Suggested condition wording Map of watercourses PHOTOGRAPHS 7 photographs from Robert Bannister https://www.gov.uk/planning-inspectorate 13