A full planning application for the ‘Erection of 74 dwellings, 1 no. children with disabilities home, including means of access, drainage, landscaping and associated works’ at Somerset Council owned land at Packsaddle Way, Frome, has been submitted by LiveWest – please see see here.

To comment on the planning application please see the Council’s planning portal site here, which is the most effective way. You can also send comments by email planningeast@somerset.gov.uk or by post to Somerset East Planning Team, Somerset Council, Cannards Grave Road, Shepton Mallet BA4 5BT, quoting the planning application 2023/0864/FUL, but please note that comments not sent via the website will take longer to process and upload. The official public consultation will now run until 4th July 2023. Comments received after this date may not be considered by the case officer. This may be extended if any re-consultation occurs as part of the process. The proposed site layout is below. (Please note, several of the plans and reports and consultee responses have been updated since 22/12/2023.)

The application (ref. 2023/0864/FUL) was initially accompanied by 179 documents (with additional documents added since) including (as of 22/12/2023):(Please note, several of the plans and reports and consultee responses have been updated since 22/12/2023.)

• a covering letter: this sets out that because site investigations revealed the scheme has substantial additional construction costs the applicants ‘need to seek a reduction in the affordable housing provision on site to make the scheme viable and deliverable’, but propose ‘utilising grant funding to make the onsite provision up to policy levels or above’. The site would be ‘unviable without this intervention’.
• A Viability Appraisal report (2/6/23)
• Viability Assessment Report (8/11/23): Somerset Council’s planning department commissioned an independent review of the Viability Appraisal’s conclusions. The independent review concluded that the development is not viable if it is required to provide a full planning policy requirement (30% affordable housing and Section 106 contributions of £882,441), and a partially planning compliant scheme reflecting 18% Affordable housing (13 units), and s.106 contributions of £882,441 is considered viable.
• Planning Statement
• Design & Access Statement
• Transport Assessment
• Road Safety Audit Stage 2 (15/8/23), and a Response to the Stage 2 Road Safety Audit
• Travel Plan
• Parking Schedule and Plan
• Highway Plan, and Tracking Plans for Fire and Refuse (12/10/23)
• Flood Risk & Drainage Assessment, and Addendum (26/6/23), updated FRA (11/7/23)
• Drainage Strategy Plan, Exceedance (flood flows) and Impermeability plans (12/10/23), Impermeability plan revised (8/12/23).
• Landscape & Visual Impact Assessment
• Ecological Impact Assessment – judges the site of ‘local’ value for wildlife, including for bats (at least nine species were detected on site), nesting and breeding birds (17 species recorded), reptiles, hedgehogs and invertebrates, and negligible value for Dormouse. It also states ‘At the time of writing two further bat activity surveys are to be completed in April 2023. Once the surveys are completed the results will be presented in an addendum report.’ EcIA revised (18/7/23), Rev 2 (12/10/23).
• Biodiversity metric calculations (12/10/23)
• Shadow Habitats Regulations Assessment (20/10/23): concludes that ‘subject to the proposed development being undertaken in accordance with the mitigation detailed [in the report], including the HEP [Somerset Habitat Evaluation procedure] calculation, BNG [Biodiversity Net Gain], the implementation of a sensitive lighting strategy and LEMP, these measures are considered sufficient to ensure that the construction and operation of the proposed development does not, either alone or in-combination with other plans or projects, give rise to any adverse effects on the integrity of the Mells Valley SAC’.
• Lighting Impact Assessment, and a Note in response to consultee comments on bats and lighting (5/12/23)
• Landscape and Ecological Management Plan (LEMP), revised (18/7/23), rev 2 (10/10/23), rev 3 (5/12/23).
• Arboricultural (Tree) Assessment
• Lighting Assessment
• Air Quality Report
• Sustainability Report
• Odour Appraisal
• Heritage Statement
• Geotechnical and Geoenvironmental Report
• Statement of Community Involvement
• Fly Nuisance Assessment and Addendum and Addendum Part B (added 12th June):
• Plans and drawings, details and specifications
• Planting plans, Landscape Plan, soft landscape specification, proposed elevations and plans, response to consultees’ design comments, a Highways Technical Response Note, Parking Strategy Plan, Fire Strategy Plan, Storey Height Plan, boundary treatment and ground aspect plans, proposed external materials and site layout (added 12/10/23)

Comments have been received from 273 residents (as of 22nd December 2023), with 272 objections and 1 neutral comment, and the following consultees: (Please note, several of the plans and reports and consultee responses have been updated since 22/12/2023.)

• Somerset Council: Contaminated Land Officer: no comments.
• Somerset Council, Environment Protection: recommended a planning condition on dust control. Objects until a updated Fly Nuisance Assessment report was submitted which includes the results for the full Spring 2023 fly survey; subsequently withdrew objections on odour after the survey report addendum was submitted.
• Wessex Water: has also withdrawn their original objection in relation to fly nuisance, after further survey and assessment was submitted.
• Designing Out Crime Officer: No objection, subject to comments on measures to design out crime.
• Active Travel England: no comment but refer to their standing advice.
• NHS Somerset Integrated Care Board: states that the GP surgeries within the catchment area currently have sufficient infrastructure capacity to absorb the predicted population increase although reserve the right to review this in future. Consider financial contributions to primary care.
• Somerset Council Rights of Way team: no objection subject to an advisory note.
• Somerset Council Tree Officer: Comments (preliminary): has concerns that there are important trees and linear features (historic field patterns) that are under threat or would be diminished by pressures from development or from future use of the site. Recommends a provisional TPO on the Oak (T26) and to review the trees forming both of the linear features for TPO purposes.
• Local Flood Authority (LLFA) Somerset Council (11/7/23): no objection subject to a suitable planning condition.
• Somerset Council, Waste Management Officer: no objection, but concerns about communal waste collection points.
• Somerset Council, Education: re. requirements for contributions to education.
• Somerset Council, Highways (16/11/23): traffic impact, parking provision and junction capacity are acceptable; no objections subject to conditions and a S106 agreement to secure a Travel Plan, site access junction works, and links to the Public Right of Way to the north.
• Somerset Council, Planning Policy (28/7/23): discusses compliance and non-compliance with Local Plan policies, and material considerations.
• Somerset Council, Ecology (11/9/23): requests the Biodiversity Net Gain assessment assesses site habitats before site clearance, requires further information on impacts on bats associated with Mells Valley Special Area of Conservation, including in a Habitats Regulations Assessment, discusses lighting impacts, and replacement bat habitats. Requests provision is made for Barn Owl to be able to continue to use the site for commuting and foraging, as part of habitat enhancements.
• Somerset Council, Ecology (9/11/23): requires further information on the impacts on greater horseshoe bats associated with Mells Valley SAC; further queries relating to lighting and hedgerow management.
• Natural England (20/9/23): hopes to be consulted on the application; (12/10/23) requires further information to determine the significance of any likely effects on bats and the Mells Valley SAC and the potential for mitigation.
• National Highways (28/9/23): seeks proportionate contribution towards the delivery of improvements at the A36 White Row and Beckington roundabouts to ensure development will not result in an unacceptable cumulative impact.
• Frome Town Council (11/7/23): objects on several grounds, including a lack of enforceable contributions or legal agreement to secure the delivery of affordable housing, the location outside of the defined settlement boundary, design and layout issues, lack of open space, impact on green open space, concerns about fly and odour nuisance, concerns about the Viability and Biodiversity Net Gain assessments.
• South West Heritage Trust Archaeology: no objection.
• Frome Civic Society: objects
• CPRE Somerset: objects
• To be updated: Several of the plans and reports and consultee responses have been updated since 22/12/2023.

The application will be decided at the new Somerset Council Planning East Committee as the land is owned by the Council. As I am a member of the Committee I shall reserve my comments on the application until the committee meeting, as division councillor or as a member of the Committee.

Previous news about the site is here (LiveWest’s pre-application consultation) and here (Asset of Community Value and green space audit).

UPDATE 9/6/23: On 9th June I was made aware of a digger on site by the main entrance off Packsaddle Way. I went to site, and asked Somerset Council’s Estates team what is going on. Two workers were clearing a patch of ground of bushes and shrubs, and installing or fixing a water supply pipe and housing for a water trough. Soil and vegetation was being moved into the tree line and levelled by a small digger when I was there. Next week I understand a water trough will be installed and some cattle will be brought to site to graze. I have asked for details of the cattle, and their requirements, as some breeds are more tolerant of dogs than others (and vice versa).

UPDATE 24/10/24: The application will be heard and determined at Planning Committee – East, on 5th November 2024. The agenda for the meeting has been published: Agenda for Planning Committee – East on Tuesday, 5th November, 2024, 2.00 pm – Modern Council. The case officer’s report (item 5) concludes in paragraph 394, ‘Overall, the adverse impacts identified are not considered to significantly and demonstrably outweigh the benefits. In accordance with para 11 d of the Framework, the application is therefore recommended for APPROVAL, subject to a number of conditions and planning obligations secured by legal agreement(s)’.

Please also let me know what you think, by email or in person.

Best wishes,

Adam

Adam Boyden, Somerset Councillor for Frome North (Liberal Democrat) email cllrboyden@gmail.com / adam.boyden@somerset.gov.uk
phone 07809284817
https://adamboyden.mycouncillor.org.uk/

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