PLANS to deliver 400 new homes in a Somerset town remain in limbo as Somerset County Council prepares to sell off a neighbouring farm.

Persimmon Homes South West submitted plans in late-2016 to build up to 400 homes south of Canal Way in Ilminster, between the town’s Meadows Surgery and the Herne Hill nature reserve.

South Somerset District Council voted in late-2017 to approve the plans, but legal agreements to secure new community facilities (including a new school) have hit a fresh snag in the Dutch N court ruling on phosphate levels.

This comes as the county council prepares to sell off the land and building at Coldharbour Farm which forms part of the development site.

Here’s where things stand with this housing saga:

What is planned for the site?

Persimmon intends to build 400 homes on the southern site of Canal Way, with the new access being from the existing roundabout leading to the medical centre.

The site will also include a new school closest to the surgery, which will be delivered by the county council through its capital programme.

In addition to the new homes, the site will include significant green open space to the south-east and a footpath link to the nature reserve.

The site will also connect up with the Stop Line Way footpath and cycle path, which runs from Canal Way through Donyatt south towards Chard.

Detailed plans for the first phase of the development, comprising 144 homes at the eastern end of the site, were submitted in early-2018 – but no decision has been made on this application.

Chard & Ilminster News: Masterplan For 400 Homes South Of Canal Way In Ilminster, With Phase One (144 Homes) Shown In Orange. CREDIT: Persimmon Homes South West. Free to use for all BBC wire partners.

Wasn’t planning permission for this site already in place?

Yes and no.

The district council’s regulation committee – which handles decisions on  significant new developments – narrowly voted to approve the plans in November 2017.

However, this approval was done subject to the council and Persimmon signing a legal agreement (known as a Section 106 agreement).

A spokesman said: “The outline planning application for up to 400 dwellings was submitted by Persimmon at the end of 2016, based upon an option agreement they have with the county council.

“The application was subsequently determined by our regulation committee in late-2017, which voted to approve the development subject to all parties entering into a Section 106 agreement to secure community infrastructure.

“This infrastructure includes affordable housing on-site,public open space and play facilities, off-site sport and play facilities, and contributions towards the site proposed to be retained by the county council to provide for a new school.

“As there is an agreement in place allowing Persimmon to acquire the site, the actual point at which the two parties choose to complete that transaction is a matter between them rather than something for the planning authority.”

Until this agreement is signed, no work can begin on-site.

What’s holding up the agreement?

The council and developer have been negotiating since the committee’s decision in late-2017 – but the biggest current obstacle is the fallout of the Dutch N court ruling.

This ruling stated that phosphate levels within the Somerset Levels and Moors RAMSAR site (which is protected by international law) were too high, and that any future development in the site’s catchment area would need additional mitigation to prevent a further rise.

Natural England has advised all Somerset’s local authorities about the need for this mitigation – a scenario which is holding up the delivery of around 11,000 homes across the county.

A spokesman for the district council said: “This has precluded a final decision being issued as we seek to develop a county-wide strategy to allow suitable mitigation measures to come forward to deal with the phosphate issue.”

Couldn’t Persimmon just overturn the decision at appeal?

If a council takes too long to make a decision on a planning application, developers can lodge an appeal with the Planning Inspectorate on the grounds of non-determination.

This recently happened in Frome, where the inspector ruled in favour of a developer wanting to build homes near the river after Mendip District Council delayed a decision over concerns about nearby barns and a contested footpath.

However, South Somerset’s officers believe Persimmon would not win an appeal this way, since a decision has already been made and it had not put forward alternative proposals to fix the phosphate issue itself.

A spokesman said: “Given that this delay relates to a key planning issue, we do not believe there is any reason for Persimmon to appeal the non-determination of this application, as they would need to be able to show suitable mitigation proposals as part of any appeal process.”

What’s happening to the land while this is sorted out?

Much of the site on which the 400 homes will be delivered currently forms Coldharbour Farm, in the neighbouring parish of Donyatt, which is owned by the county council.

Since 2017, the council has been gradually selling off its farms, arguing that the rental income it receives does not represent value for money for taxpayers.

Charlie Field, the council’s estates strategic manager, said the land at Coldharbour Farm would be sold off in three parts to get the best possible financial return for taxpayers.

He said: “One part is to be sold at market value to Persimmon Homes for development, in line with the Local Plan and the option agreement the parties entered into in 2012.

“An application to convert the existing farm buildings is in progress with the proposal. The site is to be sold with the benefit of planning permission for conversion.”

Persimmon has confirmed that the land which it is seeking to develop has not yet been offered for sale.

A spokesman said: “The land currently offered for sale by Somerset County Council is not part of the site in which Persimmon Homes has an interest.”