This is a meeting of the Development Control Committee of Basingstoke & Dean Borough Council held on the 6th Dec 2023.
The last meeting was on 23rd Apr 2025. The next meeting is scheduled for 14th May 2025.
Council Chamber - Deanes
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| 1 | Apologies for absence and substitutions |
Councillor Miller sent his apologies. |
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| 2 | Declarations of interest |
Councillor Rhatigan declared he was pre-determined on application number 23/01258/FUL and stood down from the committee for that item.
Councillor Godesen declared he was pre-determined on application number 22/01382/FUL and stood down from the committee for that item. |
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| 3 | Urgent matters |
There were no urgent matters. |
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| 4 | Minutes of the meeting held on the 8th November and 22nd November 2023 |
Minutes of the meeting held on the 8th November 2023
The Planning and Development Manager confirmed that at the Committee Meeting held on 8 November 2023 in relation to application 22/01934/FUL for the Winklebury Regeneration proposals, the officer introducing the application confirmed a verbal update that a Phasing Plan for the development would be secured in the proposed Section 106 Agreement as well as recommended conditions. This requirement had not appeared in the Minutes of that meeting that are before the committee this evening and therefore should be amended to incorporate the Phasing Plan in the s106 requirements.
The minutes of the meeting held on the 8th November were confirmed by the Committee as a correct record subject to the above amendment.
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| 5 | Applications for planning permission and public participation thereon |
Report
Index Applications Update Front Sheet 06.12.2023 Update 06.12.2023 The following Public Participation took place:
Item 1 - 21/02050/FUL: Erection of 2 no. dwellings, with associated access, parking, turning, landscaping, and private amenity space. Site: Land Adjacent To Bourne Valley Inn Upper Link St Mary Bourne Hampshire
The Committee considered the report set out on pages 39 to 109 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application.
Some Members felt the detail for the sewage and flooding had not been handled sufficiently and considered it an issue, particularly as tankers were permanently stationed in the Bourne Valley to pump sewage from St Mary Bourne.
Other Members were satisfied that the mitigation and flood risk assessment had been completed and the conditions contained within the report would adequately protect the Bourne Valley. It was considered to be it a moderate expansion of a small hamlet.
RESOLVED that the application be APPROVED subject to the applicant entering into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policies CN6 and EM4 of the Basingstoke and Deane Borough Local Plan 2011-2029) between the applicant and the Borough Council to secure:
· Adherence to the submitted woodland implementation and management plan for achieving nutrient neutrality
Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons.
On completion of the legal agreement(s) the Planning and Development Manager be delegated to grant planning permission subject to the conditions listed at the end of this report.
Reasons for Approval
1. In the absence of an up-to-date Development Plan, the proposed development would deliver housing which would contribute towards mitigating against the overall shortfall of supply as well as providing economic, social and environmental benefits. In the planning balance, and applying a presumption in favour of sustainable development, it is not considered that the impact of the development would significantly and demonstrably outweigh the benefits when the policies of the National Planning Policy Framework (September 2023) as a material planning consideration are taken as a whole. The proposal would not result in an isolated form of development and is considered to represent a sustainable form of development. The proposal is therefore in accordance with the National Planning Policy Framework (September 2023) and Policy SD1 of the Basingstoke and Deane Local Plan 2011-2029
2. The proposed development would relate to surrounding development and it is considered that impacts on the local landscape character and scenic quality of the area can be suitably mitigated through conditions. As such the proposal complies with the National Planning Policy Framework (September 2023); Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policy P7 of the St Mary Bourne Neighbourhood Plan (2016-2029) and the Design and Sustainability Supplementary Planning Document (July 2018).
3. The development would not cause an adverse impact on highway safety, and adequate parking would be provided to serve the development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (July 2018).
4. The proposed development would not result in any undue loss of privacy or cause undue overlooking, overshadowing, or overbearing impacts to existing neighbouring properties and as such would comply with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document (July 2018).
5. Adequate drainage (foul and surface water) can be provided for the development and can be adequately controlled through planning conditions and other legislation to ensure that there would be no risk to property or the environment. The proposal accords with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (September 2023).
6. Through the use of on and off site mitigation measures, the proposed development would suitably mitigate against impacts to onsite biodiversity and the development would deliver measurable net gains to biodiversity and as such the proposal is considered to be in accordance with the National Planning Policy Framework (September 2023), Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).
7. The development would have a likely significant effect in combination with other developments and river catchments that flow into The Solent, leading to a cumulative increase in eutrophication and a deterioration in water quality, which in turn impacts upon the conservation interests of the designated European Sites. The likely significant effect is to be mitigated to achieve a nitrate neutral development ensuring that there would be no adverse effect on the integrity of the designated sites. As such the proposal would accord with The Conservation of Habitats and Species Regulations 2017, the National Planning Policy Framework (September 2023) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
8. Whilst the proposed development would impact on the character and appearance of the St Mary Bourne Conservation Area, it is considered that the public benefits of the scheme would outweigh this harm. Therefore, in having regard to the requirements of Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the proposal is considered acceptable in accordance with the National Planning Policy Framework (September 2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P7 of the St Mary Bourne Neighbourhood Plan 2016 - 2029.
9. Subject to suitable conditions to secure the longevity of the surrounding vegetation the visual amenity of the site afforded by existing trees would be retained. The proposal therefore complies with Policy EM1 of the Local Plan and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).
subject to the following conditions and informatives:-
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
190735-01 - Location Plan 190735-02 Rev D - Site Plan 190735-12 Rev D - Proposed Plans and Elevations
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 No development above ground floor slab level shall commence on site until a schedule of materials and finishes to be used for the external walls and roofs of the proposed buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P7 of the St Mary Bourne Neighbourhood Plan 2016-2029.
4 Prior to commencement of the landscaping works a scheme of soft landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate) and that identifies existing hedgerows and vegetation to be retained and enhanced shall be submitted to and approved in writing by the Local Planning Authority. The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before commencement of the landscaping works. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
REASON: Details are required because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P7 of the St Mary Bourne Neighbourhood Plan 2016-2029.
5 No hard landscaping works shall commence on site until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining buildings are first occupied and thereafter maintained.
REASON: Further details are required because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P7 of the St Mary Bourne Neighbourhood Plan 2016-2029.
6 Prior to installation a plan indicating the positions, design, materials and type of screen walls/fences/gates/hedges to be erected or planted, shall be submitted to and approved in writing by the Local Planning Authority. The approved screens/walls/fences/hedges shall be erected or planted before the dwelling hereby approved is first occupied and shall subsequently be maintained as approved. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
REASON: Details are required prior to installation because insufficient information has been submitted with the application in this regard, in the interests of the amenities of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P7 of the St Mary Bourne Neighbourhood Plan 2016-2029.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to ensure that reasonable measures are taken to safeguard protected/important landscape trees in the interests of the local amenities and the enhancement of the development itself, in accordance with Policies EM1 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.
8 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011 - 2029.
9 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
10 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no building, structure or other alteration permitted by Class A; AA; B; C; D; or E; of Part 1; of Schedule 2 of the Order shall be erected on the application site.
REASON: To prevent the overdevelopment of the site in the interests of the visual amenity of the area and to safeguard the character of the local landscape, in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.
11 The windows contained within the side (south) elevation of plot 2 serving the WC and stairwell in the development hereby approved shall: (a) be glazed with obscured glass, to at least the equivalent of Pilkington level 4 standard; (b) be permanently fixed closed below a height of 1.7m above finished floor level, and shall thereafter be retained in that form.
REASON: To protect the privacy of the adjacent property and to prevent overlooking, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
12 The development hereby approved shall not be occupied until a Construction Statement detailing how the new dwelling shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details.
REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.
13 Prior to occupation of the dwellings hereby approved the proposed onsite vehicular parking for at least 2 vehicles (per dwelling) and turning areas shall be provided in accordance with the approved Site Plan (drawing ref: 190735-02 Rev D). Thereafter, these areas shall be permanently retained and used for vehicular parking (for the avoidance of doubt this includes spaces within garages).
REASON: In order to provide a suitable and convenient on-site movement layout with adequate parking facilities in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011 to 2029.
14 Prior to the occupation of the development hereby approved, the means of vehicular access to the site shall be constructed in accordance with the approved site plan (Drg No. 190735-02 Rev D) and no structure, erection or planting exceeding 1.0m in height shall thereafter be placed within the visibility splays shown on the approved plans.
REASON: To ensure that the development is afforded with a suitable and safe means of access in the interests of highway safety and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
15 Prior to the first occupation the development, the site access shall be constructed with a non-migratory surface material for a minimum distance of 6m. measured from the nearside edge of the carriageway on the adjacent highway and will be maintained in that condition thereafter.
REASON: To ensure that the development is afforded with a suitable and safe means of access in the interests of highway safety and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
16 Prior to occupation of the dwellings hereby approved cycle storage, including space for the long term storage of at least 2 bicycles shall be provided within the curtilage of the property in accordance with the approved site plan (drawing ref: 190735-02 Rev D). The cycle storage shall be thereafter retained.
REASON: To ensure adequate cycle provision and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
17 The development hereby permitted shall not be occupied until the property has provision within its curtilage for refuse and recycling storage (prior to disposal), in accordance with the details shown on the approved site plan (drawing ref: 190735-02 Rev D0. The surface materials from the carriageway to the waste container collection point shall be smooth and shall not hinder the movement of waste containers to the collection vehicle, have been provided for 1 number 240ltr refuse Wheelie bin, 1 number 240ltr recycling Wheelie bin and 1 number glass recycling box (per dwelling), and the areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling and shall be thereafter retained and maintained.
REASON: In the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.
18 The development hereby approved shall be delivered in line with recommendations and procedures contained within Chapter 5 Mitigation, Compensation and Enhancement Strategy of the Update Preliminary Ecological Appraisal, Preliminary Roost Appraisal and Reptile Survey Report by ABR Ecology dated 14/10/2021.
REASONS: In order to mitigate impacts on key species and habitats in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
a) Description and evaluation of features to be managed and enhanced b) Extent and location/area of proposed enhancement works on appropriate scale maps and plans to include species/faunal enhancement measures c) Ecological trends and constraints on site that might influence management d) Aims and Objectives of management e) Appropriate management Actions for achieving Aims and Objectives f) An annual work programme (to cover an initial 5-year period) g) Details of the specialist ecological management body or organisation responsible for responsible for implementation of the Plan h) For each of the first 5 years of the Plan, a progress report sent to the LPA reporting on progress of the annual work programme and confirmation of required Actions for the next 12-month period i) The Plan will be reviewed and updated every 5 years and implemented for perpetuity
The Plan shall include details of the legal and funding mechanisms by which the long term implementation of the Plan will be secured by the developer with the specialist ecological management body or organisation responsible for its delivery. The Plan shall also set out (where the results from the monitoring show that the Aims and Objectives of the BEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the Objectives of the originally approved Plan. The approved Plan will be implemented in accordance with the approved details.
REASON: In order to provide long term net gains for biodiversity in line with the Environment Act 2021, Section 15 of National Planning Policy Framework (July 2021) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
REASON: In the absence of sufficient and precise details of the proposed surface water drainage mechanism within the planning submission, it is necessary for further information to be submitted which ensures the proposal is provided with a satisfactory means of drainage. The information is requested prior to works commencing at the site in order to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029.
The dwellings shall not be occupied until the approved sewage details have been fully implemented in accordance with the approved plans.
REASON: In the absence of sufficient information being submitted with the application, it is necessary for further information to be submitted which ensures the proposal is provided with a satisfactory means of drainage. The information is requested prior to works commencing at the site in order to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policy EM6 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
proactively offering a pre-application advice (in accordance with paragraphs 39 - 46); seeking further information following receipt of the application; seeking amendments to the proposed development following receipt of the application; considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 55-58).
In this instance:
the applicant was updated of any issues after the initial site visit;
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The development hereby approved results in the requirement to make payments to the Council as part of the Community Infrastructure Levy (CiL) procedure. A Liability Notice setting out further details and including the amount of CiL payable will be sent out separately from this Decision Notice. You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the Council prior to the commencement of development. Failure to submit the Commencement Notice prior to the commencement of development will result in the loss of any exemptions claimed; the loss of any right to pay by instalments; and additional costs to you in the form of surcharges. You are advised to await acknowledgement of receipt of the Commencement Notice from the Charging Authority before commencing any works. Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy
4. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning-application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
5. If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 845557 and email GMSTeam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.
6. The planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). A license/permit should be obtained from Hampshire County Council at Hampshire County Highways, Jacobs Gutter Lane, Totton, Southampton, Hampshire, SO40 9TQ. Tel: 0845 603 5633. Email: roads@hants.gov.uk. Website: www.hants.gov.uk/highway
7. If during development works any contamination of the land is encountered or suspected then this shall be fully assessed in accordance with the Contaminated Land Guidance for Developers. The developer must contact the Local Planning Authority as soon as possible and any action should be agreed in writing by the Local Planning Authority.
8. The development site has an overhead power line crossing the site. The applicant is advised to contact Scottish and Southern Electricity Network to ensure that appropriate safety precautions are adopted for new development in proximity to these live overhead lines. Contact can be made at GE@ssen.co.uk or on 0800 0483516.
9. The applicant's attention is drawn to the location within the North Wessex Downs Area of Outstanding Natural Beauty therefore consideration should be given to ensuring minimum light spillage upon the dark night skies.
10. The Applicant is reminded of their duty to consider the location of public sewers on and near the application site. Further information can be found at: Build over or near to a public sewer (southernwater.co.uk)
Item 2 - 22/01382/FUL: Erection of 2 no. dwellings; with associated garaging, parking, turning, landscaping, private amenity space and access. Site: Land At Pyotts House Pyotts Hill Old Basing Hampshire
The Committee considered the report set out on pages 110 to 156 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application which resulted in mixed views.
It was acknowledged that Park Pale was currently within a large garden, but concern was expressed that due to the size of the smaller proposed gardens the Scheduled Monument could be damaged and lacked sufficient protection. Other Members disagreed and were satisfied with the Heritage Management Plan that had been submitted in support of the planning application.
Various Members were content that the size, scale and bulk of the proposed dwellings were satisfactory and believed it would be a modest addition on a large plot with limited extra traffic movements.
Members agreed to defer the application to discuss with the applicant a S106 agreement so that each owner had a direct covenant with the local authority, to observe by the terms of the Heritage Management Plan.
RESOLVED that: DEFFERED to seek further information in relation to a s106 agreement to covenant compliance with the Heritage Management Plan.
Item 3 – 22/02923/FUL: Erection of 4 no. detached dwellings with associated access, parking and amenity space. Site: Land At Oak Cottage Aldermaston Road Pamber Green Tadley
The application was withdrawn prior to the meeting.
Item 4 – 22/03033/FUL: Removal of existing dwelling and agricultural buildings/structures. Erection of a replacement dwelling and courtyard of ancillary buildings (incl. annexe, home office, store, stables and 3-bay garage); with associated parking, turning, landscaping, private amenity space and access arrangements. Site: Lower Manor Farm, Church Lane, Ashmansworth, RG20 9SS
The Committee considered the report set out on pages 202 to 223 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application which resulted in mixed views.
Some Members thought the current agricultural buildings were derelict and had a detrimental impact on the landscape character and appearance of the surrounding area and in their opinion the proposal would improve the views.
Other Members agreed that the farm buildings were no longer in use and in a state of disrepair and the existing dwelling was not visually pleasing. However, they believed the proposal would be incongruous in the landscape.
Members were content that no trees would be removed and considered it a biodiversity gain.
The main concern expressed was the loss, deterioration and harm to the Bats which were a protected species.
Members agreed to defer the application for more information on the Bat mitigation proposed and the way the three derogation tests were addressed.
RESOLVED that: DEFFERED to seek further information in relation to the ecological mitigation and the three derogation tests.
Item 5 – 23/00188/ROC: Variation of condition 1 (Approved Plans) and 15 (Biodiversity Enhancement and Management Plan (BEMP)) of permission 21/02134/TDC. Site: Land At OS Ref 459547 157592 Monk Sherborne Road Charter Alley Hampshire
The Committee considered the report set out on pages 224 to 263 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and were satisfied that it was for minor alterations.
RESOLVED that: the application be APPROVED subject to the applicant entering into a Deed of Variation to the legal agreement attached to planning application 21/02134/TDC to reflect the changes proposed in this application, (in accordance with the Community Infrastructure Levy Regulations 2010 and Policies CN6 and EM5 of the Basingstoke and Deane Borough Local Plan 2011-2029) between the applicant and the Borough Council to secure:
· Multi-functional Green Space.
Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons.
On completion of the legal agreement the Planning and Development Manager be delegated to grant planning permission subject to the following conditions:
Reasons for Approval
1. The proposed dwellings in this location, which have already been approved in principle and technical details consent stage, would relate to surrounding development and would not result in significant impacts on the local landscape character or scenic quality of the area. As such, the proposal complies with the National Planning Policy Framework (September 2023), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, and the Design and Sustainability Supplementary Planning Document (July 2018).
2. The proposed development would not cause any adverse impact on nearby trees and as such the proposal is considered to be in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).
3. The proposed development would not result in an undue loss of privacy or cause undue overlooking, overshadowing, overbearing or noise and disturbance impacts to neighbouring properties and as such complies with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
4. The proposal would conserve the biodiversity value and nature conservation interests of the site and as such the proposal would comply with the National Planning Policy Framework (September 2023) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
5. The development would provide safe access and adequate parking provision in accordance with highway requirements and would not cause an adverse impact on highway safety or traffic generation and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).
6. Adequate drainage (foul and surface water) can be provided for the development and can be adequately controlled through planning conditions and other legislation to ensure that there would be no risk to property or the environment. The proposal accords with the National Planning Policy Framework (September 2023) and Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.
7. The provision of a Section 106 agreement would ensure that the development would provide a contribution towards off-site Multi-functional Green Space to mitigate the impact of the development. The development therefore complies with the National Planning Policy Framework (September 2023); Policies, CN6 and EM5 of the Basingstoke and Deane Local Plan 2011-2029; the Community Infrastructure Levy Regulations 2010 as well as the Council's adopted Supplementary Planning Documents on Landscape, Biodiversity and Trees (2018) and Planning Obligations for Infrastructure (2018).
subject to the following conditions and informatives:-
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan Proposed site plan – 0200 Rev E Plot 1 – Proposed plans and elevations – 0100 Rev F Plot 1 – Proposed garage plans & elevations – 0107 Rev A Plots 2/3 - Proposed plans and elevations - 0101 Rev F Plot 4 - Proposed plans and elevations - 0102 Rev F Plot 5 - Proposed plans and elevations - 0103 Rev G Plot 6 - Proposed plans and elevations - 0104 Rev I Plot 7 - Proposed plans and elevations - 0105 Rev E Plot 8 - Proposed plans and elevations - 0106 Rev E Plot 8 - Proposed garage plans and elevations – 0108 Rev A
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of consent issued for planning application 21/02134/TDC.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 No development above slab level shall commence on site until details of the types and colours of external materials to be used, including colour of mortar, together with samples, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Details are required prior to commencement above slab level because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
4 Notwithstanding the details submitted, no development above ground slab level shall occur until the following drawings have been submitted to and approved in writing by the Local Planning Authority:
scaled drawings at a scale of 1:10 setting out the architectural detailing of the dentil courses, brick string courses, window headers and depths of window reveals.
REASON: Details are required prior to commencement above slab level because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 No development above slab level shall take place until full details of both hard and soft landscape proposals have been submitted to and approved in writing by the Local Planning Authority. These details shall include, as appropriate, proposed finished levels or contours, means of enclosure (walls/fences/hedges), car parking layouts, other vehicle and pedestrian access and circulation areas, location and design of play areas, hard surfacing materials and minor artefacts and structure (eg furniture, refuse or other storage units, signs, lighting, external services, etc). Soft landscape details shall include planting plan, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, (including replacement trees where appropriate), noting species, planting sizes and proposed numbers/densities where appropriate, as well as any works to enhance wildlife habitats where appropriate. In addition, implementation timetables and maintenance programmes detailing all operations to be carried out to allow successful establishment of soft landscaping, shall be submitted to and approved in writing by the Local Planning Authority before development commences. If applicable, these details will also extend to cover areas of open space to be adopted by the Council, such areas shall be agreed in writing prior to development commencing. All hard and soft landscape works shall be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority.
REASON: Details are required prior to commencement above slab level because insufficient information has been submitted with the application in this regard, to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.
6 No development shall take place on site until a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately-owned, domestic gardens, has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to ensure that due regard is paid to the continuing enhancement and maintenance of amenity afforded by landscape features of communal public, nature conservation or historical significance the area in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.
7 No works pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority:-
(a) a desk top study carried out by a competent person documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2011;
and, unless otherwise agreed in writing by the Local Planning Authority,
(b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice;
and, unless otherwise agreed in writing by the Local Planning Authority,
(c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring.
Important note: Unless part (a) identifies significant contamination, it may transpire that part (a) is sufficient to satisfy this condition, meaning parts (b) and (c) need not be subsequently carried out. This would need to be agreed in writing by the Local Planning Authority.
REASON: 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 accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
8 The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 7(c) that any remediation scheme required and approved under the provisions of condition 7(c) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise;
- as built drawings of the implemented scheme; - photographs of the remediation works in progress; - Certificates demonstrating that imported and/or material left in situ is free of contamination.
Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 7(c), unless otherwise agreed in writing by the Local Planning Authority.
REASON: 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 in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
9 No development shall take place, (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The approved statement shall include scaled drawings illustrating the provision for:-
1) The parking of site operatives and visitors’ vehicles. 2) Loading and unloading of plant and materials. 3) Management of construction traffic and access routes. 4) Storage of plant and materials used in constructing the development. 5) Wheel washing facilities
REASON: In the interests of highway safety, to ensure convenience of arrangements for parking and turning of contractor and operative vehicles throughout construction of the development and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
10 The development shall not be brought into use until turning facilities have been provided in accordance with the details shown on the approved plan. The turning facilities shall be available for use by vehicles and kept free from obstruction throughout the lifetime of the development.
REASON: In the interests of highway safety and to achieve a satisfactory layout, in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
11 Before the development is brought into use, the means of vehicular access to the site shall be constructed in accordance with the approved site plan (Drg No.0200 Rev E) and no structure, erection or planting exceeding 1.0m in height shall thereafter be placed within the visibility splays shown on the approved plans.
REASON: To ensure a suitable access and layout in the interests of highway safety, in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
12 The areas shown on the approved plan for the parking and manoeuvring of vehicles for the dwellings shall be provided prior to occupation and shall not be used for any purpose other than the turning, loading and unloading and parking of vehicles.
REASON: In the interest of highway safety, and to ensure adequate on site car parking provision for the approved development in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
13 All wildlife protection, mitigation and enhancement measures shall be undertaken in adherence with the recommendations contained in the Ecological Enhancement and Management Plan by SO Ecology dated 19/01/2022 and the Plans in Appendix 10.1 and 10.3 submitted under 21/02134/TDC. This includes measures to protect the following ecological species/features:
- Badgers - Breeding Birds - Dormice - Great Crested Newts - Reptiles - Hedgehogs - Existing Hedgerow habitats to be retained
The development shall subsequently be implemented entirely in accordance with the approved details. Thereafter, unless otherwise agreed in writing by the local planning authority, the mitigation and enhancement measures shall be permanently maintained and retained in accordance with the approved details.
REASON: To minimise the impact on the existing biodiversity of the site and its surroundings, in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
14 The development hereby permitted shall not be occupied/brought into use until details of any proposed lighting design plans has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Bats are considered highly likely to be using the site for commuting and foraging grounds. These species are protected under the Wildlife and Countryside Act 1981 and are a material consideration under Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029. Any heavy light spillage could have the potential to disturb commuting bats. Also, in the interests of the visual amenities of the area and the privacy of the occupiers of adjoining residential properties, in accordance with Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
15 The development shall be carried out in accordance with the Biodiversity Enhancement & Management Plan (BEMP) reference MONKSH622022 (dated 05/09/2023) which achieves a biodiversity net gain, as per the DEFRA biodiversity off-setting metric. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: To help compensate for habitat loss resulting from the development and help to maintain the biodiversity of the area in the long term, in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
16 Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural report dated as submitted by W H Landscape Consultancy Ltd (ref: 21.1273 Rev. A) submitted under 21/02134/TDC. Tree protection fencing and ground protection shall be erected prior to any site activity starting and maintained throughout the development. The development shall be carried out in complete accordance with the approved Method Statement.
REASON: To ensure that the trees to be retained are in a safe and healthy condition to the benefit of the local amenities and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
17 No development above slab level shall commence on site until a detailed services layout has been submitted and approved in writing by the Local Planning Authority. All services shall be included, including gas, electricity, foul and fresh water, drainage and telecommunications. If a particular service is not required, a statement shall be included to that effect. The layout shall respect landscape and wildlife protection and mitigation measures and in particular, ensure that its implementation does not require installation or future maintenance excavations to be made within protection zones. The development and/or other operations shall be carried out and thereafter maintained in complete accordance with the approved service layout.
REASON: Details are required prior to commencement above slab level because insufficient information has been submitted with the application in this regard, to ensure the protection of identified tree, landscape and wildlife features/areas, in accordance with Policies EM1, EM4 and EM10 and of the Basingstoke and Deane Local Plan 2011-2029.
18 Prior to occupation of the dwellings hereby approved, a Construction Statement detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day shall be submitted to and approved in writing by the Local Planning Authority unless through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details.
REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.
19 Prior to occupation of the dwellings hereby approved, details of electric vehicle charge points shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the occupation of the dwellings and shall thereafter be retained and maintained.
REASON: To ensure that the development provides opportunities for sustainable transport modes in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029, the Parking Supplementary Planning Document and the paragraph 110 (e) of the National Planning Policy Framework.
20 No development above slab level shall take place on site until details of refuse/recycling storage and collection points have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the first occupation of any dwelling affected and shall thereafter be maintained.
REASON: In the interests of amenity and highway safety in accordance with Policies CD9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
21 No part of the development shall be occupied until cycle parking facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
22 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
23 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
24. No development above slab level shall commence until details of a surface and foul water drainage strategy has been submitted to and approved in writing by the Local Planning Authority in writing. The development shall be carried out and thereafter maintained in accordance with the approved details.
REASON: Details are required prior to commencement above slab level because insufficient information has been submitted with the application in this regard, to ensure a satisfactory development in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029.
25 Any bathroom and en-suite windows at first floor level within each dwelling shall be glazed with obscured glass, to at least the equivalent of Pilkington level 4 standard. The window and glazing shall be installed prior to occupation of the development and shall be permanently maintained in that condition.
REASON: To protect the privacy of the adjacent properties and to prevent overlooking, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
26 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no additional openings shall be inserted at first floor in the following elevations of the proposed dwellings without the prior permission of the Local Planning Authority on an application made for the purpose:
- Eastern elevation of Plot 4 - Western elevation of Plot 5 - Eastern elevation of Plot 6
REASON: To protect the amenity and privacy of the occupiers of adjoining property in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
27. The dwelling in Plot 8 shall be built as an accessible dwelling for lifetime mobility standards. The development shall be carried out and thereafter maintained in accordance with this provision.
REASON: To ensure proposals are compliant with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and the Housing Supplementary Planning Document.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning-application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
3. This Decision Notice must be read in conjunction with a Planning Obligation completed under the terms of Section 106 of the Town and Country Planning Act 1990 (as amended). You are advised to satisfy yourself that you have all the relevant documentation.
4. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner: -
seeking further information following receipt of the application; seeking amendments to the proposed development following receipt of the application; considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 55-58).
In this instance:
the applicant was updated of any issues after the initial site visit.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
5. The planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). Any works within the highway must be approved by S278 Agreement, details of which can be found at
https://www.hants.gov.uk/transport/developers/constructionstandards
6. If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 845539 or email shirley.brewer@basingstoke.gov.uk to commence the process. Details can be found on the council's website.
7. The development hereby approved results in the requirement to make payments to the Council as part of the Community Infrastructure Levy (CIL) procedure. A Liability Notice setting out further details and including the amount of CIL payable will be sent out separately from this Decision Notice.
Some developments may be eligible for relief or exemption from CIL. Further information on reliefs and exemptions that may be available and how to claim them can be found at: https://www.gov.uk/guidance/community-infrastructure-levy%20(relief-and-exemptions).
Prior to your development commencing you are required to submit CIL Form 2 (Assumption of Liability) (https://ecab.planningportal.co.uk/uploads/1app/forms/form_2_assumption_of_liability.pdf) and CIL Form (Commencement Notice) (https://ecab.planningportal.co.uk/uploads/1app/forms/form_6_commencement_notice.pdf). Failure to Assume Liability and submit a Commencement Notice prior to the commencement of development may result in the loss of any exemptions claimed; the loss of any right to pay by instalments; and additional costs to you in the form of surcharges (https://www.basingstoke.gov.uk/content/doclib/2569.pdf).
8. If during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority.
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Contamination Land Guidance at: https://www.gov.uk/contaminated-land, Last accessed October 2019.
Item 6 – 23/00824/RET: Retrospective application for the removal of a hedge and erection of a 1.9m fence. Site: 2 Hides Close Whitchurch Hampshire RG28 7HW
The Committee considered the report set out on pages 264 to 274 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and believed it was visually out of keeping with the character of the area and street scene.
RESOLVED that: RESOLVED that: the application be (A) REFUSED for the following reasons:
Reasons for Refusal
1 The siting of the fence has resulted in a visual intrusion in the street scene, which is out of keeping with the character of the area and therefore detrimental to the visual amenities and character of the streetscene. As such the proposal would be contrary to Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies LD3 and GD1 of the Whitchurch Neighbourhood Development Plan 2014 to 2029.
2 The close-boarded timber fence that has been erected is not appropriate mitigation for the loss of the hedgerow, which was a positive contributor to the character and appearance of the Whitchurch Conservation Area. The removal of the hedge and installation of the new close-boarded timber fence would not preserve or enhance the character and appearance of the Whitchurch Conservation Area and would result in a detrimental impact on the important view into the Conservation Area from the boundary, contrary to Principle 5 of the Whitchurch Conservation Area Appraisal Management Plan. The development has resulted in less than substantial harm to the designated heritage asset for which there are no overriding public benefits to outweigh such harm. The proposal therefore conflict with Policy EM11 of the Local Plan, Policy LD3 of the Whitchurch Neighbourhood Development Plan 2014 to 2029, the Whitchurch Conservation Area Appraisal Management Plan and with the Heritage Supplementary Planning Document (2019).
Informative(s):-
1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
seeking amendments to the proposed development following receipt of the application.
In this instance:
the applicant was updated of any issues after the initial site visit.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
AND
(B) Enforcement action as defined in Section 171A of the Town and Country Planning Act 1990 (as amended), be initiated requiring:
Item 7 – 23/01145/HSE: Demolition of the side extension and chimney stack, new dormer window, replacement of existing single storey extensions, existing stables removed and new three bay garage. Installation of oil tank and air source heat pumps. Site: The Corner House Village Road Weston Patrick Hampshire
The Committee considered the report set out on pages 275 to 296 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and expressed concern with the height of the garage which would have a pitched roof measuring 6.0 metres to the ridge and consequently would result in a detrimental visual impact and harm to the character of the conservation area and contrary to Basingstoke and Deane Local Plan Policies EM1 and EM11
RESOLVED that: REFUSED for the following reasons:
Reasons for Refusal
1 Given the height and elevated position of the proposed garage, it is considered that this would result in a harmful impact on the character of the area and would result in less than substantial harm to the character and appearance of the Weston Patrick Conservation Area, contrary to Section 16 of the National Planning Policy Framework (September 2023), Policies EM1 (b) and (c) and EM11 of the Basingstoke and Deane Local Plan 2011-2029, the Heritage Supplementary Planning Document (2019) and the Weston Corbett and Patrick Conservation Area Appraisal Supplementary Planning Guidance (2003).
Informative(s):-
1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
seeking further information following receipt of the application; seeking amendments to the proposed development; considering the imposition of conditions.
In this instance:
the application was acceptable as submitted and no further assistance was required.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
Item 8 – 23/01258/FUL: Creation of a 3G Artificial Turf Pitch (3G ATP) with associated features including fencing, gates, storage container, floodlighting, hard-standing areas and vehicular access. Site: The Hurst Community College Brimpton Road Baughurst Hampshire
The Committee considered the report set out on pages 297 to 324 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED subject to the conditions listed below and for the following reasons.
Reasons for Approval
1 The proposed development would be of an appropriate design and would not result in any significant adverse impacts on the street scene and character of the area and as such complies with the National Planning Policy Framework (2023), Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document (2018).
2 The proposed development would not result in an undue loss of privacy or cause undue disturbance impacts to neighbouring properties and as such complies with the National Planning Policy Framework (2023) and Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
3 The proposed development would not result in any significant adverse impacts on the landscape and as such complies with the National Planning Policy Framework (2023) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.
4 The proposed development would not result in any adverse impacts on the biodiversity of the area and as such complies with the National Planning Policy Framework (2023) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
5 The proposed development would improve the provision of sports and leisure facilities for the local community and as such complies with the National Planning Policy Framework (2023) and Policy CN8 of the Basingstoke and Deane Local Plan 2011-2029.
6 The proposed development would not result in any adverse impacts on archaeology given the limited groundworks involved and therefore complies with the National Planning Policy Framework (2023) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029
7 The proposed development can be accommodated within West Berkshire Council's off-site emergency plan arrangements and as such complies with the National Planning Policy Framework (2023) and Policy SS7 of the Basingstoke and Deane Local Plan 2011-2029.
subject to the following conditions and informatives:-
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan - Drawing No.: S21-015/DWG/0001 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Site Plan - Drawing No.: S21-015/DWG/0003 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Elevations - Drawing No.: S21-015/DWG/0013 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Floor Plan - Drawing No.: S21-015/DWG/0004 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Layout - Drawing No.: S21-015/DWG/0005 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Layout (showing services) - Drawing No.: S21-015/DWG/0006 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Layout (showing trees to be removed) - Drawing No.: S21-015/DWG/0007 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Fencing - Drawing No.: S21-015/DWG/0008 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Drainage - Drawing No.: S21-015/DWG/0009 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Lighting - Drawing No.: S21-015/DWG/0010 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023 Proposed Access - Drawing No.: S21-015/DWG/0011 Rev.: .00 - Revision Date: 28th April 2023 - Date Received: 16th May 2023
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 No development above slab level shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, appearance, materials and type of fences and gates to be erected. The approved fences and gates shall be erected before the first use of the development hereby approved is commenced and shall subsequently be maintained.
REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
4 No development above slab level shall commence on site until a schedule of materials and finishes to be used for the external walls and roof of the proposed storage building has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 No development above ground level other than demolition and site clearance shall commence on site until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the first use of the development hereby approved is commenced and thereafter maintained.
REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
6 The use of the 3G Artificial Turf Pitch (ATP) shall not commence until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to the ATP and associated ancillary provision include details of pricing policy, hours of use, access by non-educational establishment, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement.
REASON: To secure well managed safe community access to the sports facility/facilities, to ensure sufficient benefit to the development of sport and in accordance with Policy CN8 of the Basingstoke and Deane Local Plan 2011-2029.
7 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or internal painting or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays, unless otherwise agreed in writing by the Local Planning Authority.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
8 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays, unless otherwise agreed in writing by the Local Planning Authority.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
9 The floodlights hereby consented approved shall only be illuminated when the Artifical Turf Pitch is in use for play or maintenance between:
Dusk to *2200 hours Monday- Friday Dusk to *1800 hours Saturday and Sunday and public holidays.
REASON: To protect the amenities of the occupiers of nearby properties in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
10 The floodlights hereby consented shall only be illuminated when the Artificial Turf Pitch is in use for play or maintenance between:
Dusk to *2200 hours Monday- Friday Dusk to *1800 hours Saturday and Sunday and public holidays. Floodlight operations shall be controlled by an automatic time clock to ensure that they are not illuminated outside of the permitted hours. *a 15 minute curfew is permitted to allow users and staff to exit the site safely The luminance levels for the floodlights hereby approved shall be in accordance with the submitted report prepared by Surfacing Standards Ltd dated 9th June 2023.
REASON: To protect the amenities of the occupiers of nearby properties in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029
11 Prior to the commencement of development, a Biodiversity Enhancement and Management Plan (BEMP) shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall deliver a minimum of 7.06 Habitat Units as stipulated in the Biodiversity Net Gain Assessment by RPS dated 5/2023. The BEMP will include the results of the provided Biodiversity Net Gain Assessment by RPS dated 5/2023 and include the following:
a) Description and evaluation of features to be managed and enhanced b) Extent and location/area of proposed enhancement works on appropriate scale maps and plans to include species/faunal enhancement measures c) Ecological trends and constraints on site that might influence management d) Aims and Objectives of management e) Appropriate management Actions for achieving Aims and Objectives f) An annual work programme (to cover an initial 5-year period) g) Details of the specialist ecological management body or organisation responsible for responsible for implementation of the Plan h) For each of the first 5 years of the Plan, a progress report sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12-month period i) The Plan will be reviewed and updated every 5 years and implemented for perpetuity.
The Plan shall include details of the legal and funding mechanisms by which the long-term implementation of the Plan will be secured by the developer with the specialist ecological management body or organisation responsible for its delivery. The Plan shall also set out (where the results from the monitoring show that the Aims and Objectives of the BEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the Objectives of the originally approved Plan. The approved Plan will be implemented in accordance with the approved details.
REASON: In order to provide long term net gains for biodiversity in line with the Environment Act 2021, Section 15 of National Planning Policy Framework and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
12 No development shall take place, (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall include scaled drawings illustrating the provision for -
1) The parking of site operatives and visitors' vehicles. 2) Loading and unloading of plant and materials. 3) Management of construction traffic and access routes. 4) Storage of plant and materials used in constructing the development. 5) Measures to protect pedestrians. 6) Wheel washing facilities.
REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
13 Notwithstanding the details shown on the approved plans, the development shall not be brought into use until a site and parking management plan has been submitted to and approved in writing by the Local Planning Authority. Before the development is brought into use the plan shall be implemented in accordance with the approved document and retained thereafter.
REASON: Car parking management details are required in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (July 2018).
14 Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural report, reference JSL4487_770, dated May 2023, as submitted by RPS group and the details within the email from Tom Betts of S & C Slatter Ltd dated 27th July 2023. Tree protection fencing and ground protection shall be erected prior to any site activity starting and maintained throughout the development. The development shall be carried out in complete accordance with the approved Method Statement.
REASON: To ensure that the trees to be retained are in a safe and healthy condition to the benefit of the local amenities and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
15 The development shall proceed in full accordance with the mitigation measures detailed within paragraph 7.2.2 of the submitted Historic Environment Desk-Based Assessment, reference 247013.02, dated May 2022, carried out by Wessex Archaeology.
REASON: To allow for the recording of items of archaeological interest in accordance with the advice contained within the National Planning Policy Framework (September 2023) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.
16 The use of the site shall proceed in compliance with the submitted Noise Management Plan prepared by S & C Slatter.
REASON: To protect the amenities of the occupiers of nearby properties in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029
17 The development hereby approved shall not be occupied until an Emergency Plan has been submitted to and approved in writing by the Local Planning Authority. The Emergency Plan shall include details of action to be taken in the event of an emergency both during and outside of school hours.
REASON: In the interests of public safety and in accordance with Policy SS7 of the Basingstoke and Deane Local Plan 2011-2029.
18 The development shall be implemented in compliance with the submitted Flood Risk Assessment, report reference R-FRA-22704-01-0, revision 0, dated 9th June 2023, prepared by JPP Consulting Ltd.
REASON: In the interests of reducing flood risk and in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/submit-a-planning-application . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
proactively offering a pre-application advice (in accordance with paragraphs 39 - 46); seeking further information following receipt of the application; considering the imposition of conditions.
In this instance:
the applicant was updated of any issues after the initial site visit; was provided with pre-application advice.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning-application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. Guidance on preparing Community Use Agreements is available from Sport England. http://www.sportengland.org/planningapplications/. - For artificial grass pitches it is recommended that you seek guidance from the Football Association/England Hockey/Rugby Football Union on pitch construction when determining the community use hours the artificial pitch can accommodate. - Effective maintenance arrangements would need to be put in place given that there are trees close to the site of the proposed 3G ATP - Governing body registration and certification would need to be kept up to date in order to maximise benefits to the community
5. With regard to Condition 17, the following points are recommended for inclusion within the Emergency Plan:
- Note who will carry out the actions (such as check people on site with the register, inform stakeholders etc) - Consider putting some equipment in place to ensure the welfare of everyone sheltering - do you have kitchen facilities and food available etc, any sleeping arrangements - Ensure that you have an accurate list that is regularly updated of all children and staff, also noting down special dietary or medical requirements - Include the Annex 2 template 1 Emergency checklist from the REPPIR Schools guidance within your plan, so you can tick when you have carried out the actions - Please note the hours of operation of the school.
Item 9: 23/01318/FUL: Change of Use from Dwellinghouse (C3) to (C2) for a Mother and Baby Unit/ Home Assessment Centre and conversion of garage into a habitable room. Site: 12 Messner Street Basingstoke Hampshire RG24 9TT
The Committee considered the report set out on pages 325 to 345 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and although Members were in support of a Mother and Baby Unit/ Home Assessment Centre within the Borough, most Members believed that the facility was unsuitable for a densely populated residential location populated by single family units and would be out of keeping with the area.
Members discussed the potential impact to the neighbours which brought up concerns on noise and the lack of parking provision which conflicted with Basingstoke and Deane Local Plan Policy CN9.
By the nature of the facility there would be a continual rotation of new residents who would not have the opportunity to settle and be part of the community.
Various Members believed the proposal was contrary to Basingstoke and Deane Local Plan Policy EM10 as the change of use would not be in keeping with the area, it would not contribute to the provision of neighbourhoods or function well in practical terms and respect the local environment and amenities of neighbouring properties.
Other Members disagreed as it was a 4 bedroom dwelling which could be associated with noise and extra traffic and believed it was a good proposal for a Mother and Baby Unit.
RESOLVED that: the application be REFUSED for the following reasons:
Reasons for Refusal
1 The proposed change of use would not be in keeping with the character of the surrounding residential area and as such would be contrary to Policy EM10 2 (a) of the Basingstoke and Deane Local Plan 2011-2029.
2 The proposal would result in adverse impacts on neighbouring amenity as a result of disturbance contrary to Policy EM10 2 (b) of the Basingstoke and Deane Local Plan 2011-2023.
3 The proposal would not provide adequate parking provision contrary to Policies EM10 2 (d) and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document.
Informative(s):-
1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
seeking further information following receipt of the application; considering the imposition of conditions.
In this instance:
the applicant was updated of any issues after the initial site visit.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. |
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| 6 | Quarterly Planning Appeals Report |
Appeals Qtr Report 01.08.23 - 31.10.23
The Planning and Development Manager introduced the report which provided a summary analysis of the appeal decisions received from the 01/08/2023 to 31/10/2023. The report highlighted some of the issues drawn out by the Inspectors in arriving at their decision and which should be taken into account when future decisions are made, but was by no means a summary of all the issues referred to in the Inspectors’ decision notices.
Between 01/08/2023 to 31/10/2023 there had been 1 settlement to report to Members. This related to the case for the Red House, 21 & 23 London Street, Whitchurch (21/03574/FUL and 21/03575/LBC), the details of the appeal decision are set out in Appendix A of the report. In relation to costs the Inspector awarded costs against the council stating the following in the costs decision:
“Whilst the application for planning permission was refused on planning grounds in the context of consideration local opposition, I am not satisfied that the decision was made reasonably based on evidence that was available to Councillors. In making its decision there is no evidence to suggest that the Council considered the loss of the pub in the context of the evidence relating to alternative provision in the town, attempts to improve the business or the robust marketing exercise that was carried out. I therefore find that the Council’s decision to refuse the planning application was unreasonable.” The Planning and Development Manager reminded Members that the term acting unreasonably could be a refusal of an application without significant of substantial grounds to do so. Also, it was not just a case of necessarily finding a fault with an application, but it was the case of considering all matters in the whole such as the pros and cons and the evidence for and against before deliberating and coming to a decision. RESOLVED: Members of the Development Control Committee note the outcomes of the appeal decisions and the reasons given for those decisions.
The meeting ended at 20:20.
Chair
|
Reserve
Chair of the Human Resources Committee
Councillor Andrea Bowes
Liberal Democrat
Not required
Reserve
Committee Member
Committee Member
Chair
Chair of the Development Control Committee
Councillor Andrew McCormick
Labour and Co-Operative Party
Present, as expected
Committee Member
Chair of the Manydown Committee
Councillor Angie Freeman
Labour
Present, as expected
Committee Member
Reserve
Reserve
Vice-Chair of the Audit and Accounts Committee
Councillor Paul Gaskell
Conservative
Not required
Committee Member
Chair of Scrutiny Committee
Councillor Paul Miller
Conservative
Apologies
Committee Member
Reserve
Reserve
Reserve
Chair of the Audit and Accounts Committee
Councillor Paul Basham
Basingstoke & Deane Independent Group
Not required
Committee Member
Vice-Chair of Human Resources Committee
Councillor Tony Durrant
Basingstoke & Deane Independent Group
Present, as expected
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