Basingstoke & Dean Borough Council Development Control Committee Meeting

Councillor Tuck replaced Councillor Falconer

There were no urgent matters.

The Chair confirmed that the minutes of the meetings held on the 9^TH November 2022 were confirmed by the Committee as a correct record.

The following Public Participation took place:

1. Application -22/00174/OUT: Outline application for up to 42 dwellings (Use Class C3) with associated open space and vehicular access off Ecchinswell Road, Bishops Green. All matters reserved except for access.  Site: Land West Of Ecchinswell Road Bishops Green Newbury Hampshire

The Committee considered the report set out on pages 69 to 147 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 at length.

Members acknowledged that in the emerging Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan it was proposed to allocate two sites (that would accommodate approximately 20 dwellings), including 15 homes at Bishops Green.  The emerging Neighbourhood plan was currently out for consultation which would end on the 19^th December 2022 and therefore little weight could be given.

Of the 40% affordable housing it was questioned why only 53% of those affordable dwellings were for rent rather than 70% which was stated in the Local Plan Policy.

A discussion took place with regards to whether the site was sustainable which resulted

in a difference of opinion.  Some Member felt that development would not improve the economic, social and environmental conditions in the area particularly as the economic and social aspects mainly referenced the viability of the local shop in the village. 

Other Members disagreed and believed that it was a contained site which linked to Bishops Green village and the local infrastructure and schools had capacity for the small development which could also boost the local community.

A discussion took place in terms of transport and it was recognised that a pedestrian footway was provided on the western side of the road and the nearest bus stop was north of the proposed vehicular access point. However, it was thought that a vehicle or bus would be required to access other facilities than the local shop.

The Committee considered the current position of the Boroughs 5 year housing land supply in their deliberations.

RESOLVED that:  the application be APPROVED subject the conditions listed below for the following reasons.

The applicant be invited to enter into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policies CN1, CN3, CN6, CN8, CN9 and EM4 of the Basingstoke and Deane Local Plan 2011-2029) between the applicant and the Borough and County Councils to secure:

·         40% affordable housing including First Homes provision

·         Provision of on-site open space

·         Provision of off-site pedestrian connections

·         Contribution towards enhancement of off-site play facilities

·         Contribution towards bus infrastructure improvements works

·         Contribution towards recreational mitigation

·         Landscape Management Plan

·         Biodiversity Management Plan (including Biodiversity Net Gain)

·         Travel Plan

·         Required section 278 works for the access junction onto Ecchinswell Road

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 conditions listed at the end of this report.

Reasons for Approval

1.             The proposed development would have a localised impact on landscape character and visual effects on this part of Bishops Green.  It is considered that the relationship of the site to the existing village is such that, subject to an appropriately designed scheme, the location, siting, design and new landscaping secured through reserved matters and legal agreement would be able to successfully mitigate the impact to an acceptable level. The proposed development would result in acceptable impact on the character and appearance of the area, including its landscape setting. As such the proposal complies with the National Planning Policy Framework (2021), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, and the Design and Sustainability Supplementary Planning Document (July 2018).

2.            In the absence of an up-to-date development plan in respect of housing policies, the proposed development would deliver housing which would contribute towards an overall shortfall of supply as well as providing economic, social and environmental benefits.  In the planning balance, and applying a presumption in favour of 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 (2021) as a material planning consideration are taken as a whole. 

3.            The proposed development would provide policy compliant affordable housing to meet an identified need.  The proposal would comply with the National Planning Policy Framework (2021), Policy CN1 of the Basingstoke and Deane Local Plan 2011-2029, and the Council's Housing Supplementary Planning Document (2019).

4.            The proposed development would provide an appropriate mix of housing and as such the proposal would comply with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029.

5.            The development would not cause an adverse impact on highway safety or operation of the local highway network, and space would be available for adequate levels of parking provision 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 (2018).

6.           Subject to appropriate conditions, the proposed development would not cause any adverse impact on biodiversity and as such the proposal is considered to be in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).

7.           Appropriate drainage (foul and surface water) can be provided for the development and can be 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 (2021) and Policies CN6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029.

8.            The proposed development could be accommodated within the site in a manner that would not result in an undue loss of privacy or cause undue overlooking, overshadowing, overbearing or noise and disturbance impacts to neighbouring properties. The development therefore complies with the National Planning Policy Framework (2021) and Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

9.           The proposed development would safeguard trees of amenity value on the application site and would therefore comply with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018) in this respect.

10.        The provision of a Section 106 agreement would ensure that the development provides adequate infrastructure and mitigation of impacts of the development, including affordable housing and open space provision, off-site play facility enhancement, landscape management, biodiversity enhancements, improved pedestrian connections and bus infrastructure as well as mitigation of recreational pressure on SSSI. The development therefore complies with the National Planning Policy Framework (July 2021); Policies CN1, CN3, CN6, CN8, CN9, EM1, EM4 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 Housing; Landscape, Biodiversity and Trees and Planning Obligations for Infrastructure.

subject to the following conditions and informatives:-

Conditions

Informative(s):-

2. Application - 21/00556/FUL: Erection of 1 no. two bed dwelling. Site: 2 Dellands Overton RG25 3LB

The Committee considered the report set out on pages 148 to 176 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application.

Concern was raised to the harmful impact to the neighbouring property and garden

in terms of overshadowing and overlooking which conflicted with Basingstoke and Deane Local Plan Policy EM10.

RESOLVED that:  the application be REFUSED for the following reasons:

Reasons for Refusal

1          The proposed development would result in an unacceptable impact on the residential amenity of the neighbouring property, No 12 Red Lion Lane, by virtue of overshadowing impacts to both the garden and property itself, contrary to Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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 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.

3. Application – 21/01572/FUL: Erection of a 2no. new dwellings. Site: Land At Ramsdell Road Pamber End Tadley Hampshire RG26 5QN

The Committee considered the report set out on pages 177 to 195 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting

The Committee discussed the proposed application.

Members were content that the proposal would not be detrimental to the landscape and that the development would be screened by a substantial hedge.

Two additional conditions were requested for a root protection plan and confirmation of the sight lines.

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 siting and would not result in significant impacts on the local landscape character or scenic quality of the area.  As such the proposal complies with Section 15 of the National Planning Policy Framework (July 2021) and Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

2          With appropriately worded conditions to require the submission of details with regard to tree protection and an Aboricultural Impact Assessment (to include information on Root Protection Areas), the proposal would safeguard trees considered to be important features in the local landscape.  As such the proposal would comply with the National Planning Policy Framework (July 2021), Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

3          With an appropriately worded condition to require the submission of details to demonstrate that the proposed development can provide adequate visibility splays along the highway at Ramsdell Road, the proposed development would not cause undue interference with the safety and convenience of users of the adjacent highway.  As such the proposed development would comply with the National Planning Policy Framework (July 2021) and Policy CN9 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 and Block Plan Drawing No AB_01 Rev A     

            Floor Plans Drawing No AB-02 Rev A    

            Elevations Drawing No AB-03 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 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 commence on site until a schedule of materials and finishes to be used for the external walls and roof(s) of the proposed building(s) 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.

4          No development above slab level shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate).  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 development commences.  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, to be agreed in writing by the Local Planning Authority. 

            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 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

5          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, materials and type of screen walls/fences/hedges to be erected. The approved screen walls/fences shall be erected before the use/building(s)/dwelling(s) hereby approved is/are commenced/first occupied and shall subsequently be maintained. 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, details of which shall be agreed in writing by the Local Planning Authority before replacement occurs.          

            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 Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6          Prior to occupation of each of the dwellings hereby approved, a Construction Statement detailing how the new dwelling(s) 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 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 and the water efficiency measures shall be retained in perpetuity.         

            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.

7          The development shall be undertaken in line with the recommendations and procedures contained within Chapter 4 Impact Appraisal of the Ecological Assessment and Biodiversity Impact Calculation prepared by The Ecology Co-op dated 21/02/2022.       

            REASON: In order to avoid adverse impacts on key species and habitats in accordance with Section 15 of the National Planning Policy Framework (July 2021) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

8          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 0.77 Habitat Units and 0.94 Hedgerow Units.  The BEMP shall include the results of the provided Biodiversity Metric and species enhancements listed within Chapter 5 Biodiversity Enhancement of the Ecological Assessment and Biodiversity Impact Calculation prepared by The Ecology Co-op dated 21/02/2022 and the following:      

            (a) description and evaluation of features to be managed and enhanced;  

            (b) extent and location/area of proposed enhancement works on appropriately scaled drawings 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 implementation of the Plan;          

            (h) for each of the first 5 years of the Plan, a progress report to be 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 to be reviewed and updated every 5 years and implemented in 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 shall be implemented in accordance with the approved details.           

            REASON: In order to provide long term net gains for biodiversity in accordance with the Environment Act 2021, Section 15 of the National Planning Policy Framework (July 2021) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

9          Prior to development commencing an external artificial lighting strategy shall be submitted to and approved in writing by the Local Planning Authority.  The strategy shall meet the guidelines stated with the provided Ecological Assessment prepared by The Ecology Co-op.           

            REASON: In order to prevent impacts on bats and other protected nocturnal species in accordance with wildlife legislation including Derogation Test 3 of the Conservation of Habitats and Species Regulations 2017 (amended) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

10        No development or other operations shall commence on site until a Tree Protection Plan has been submitted to and approved in writing by the Local Planning Authority.  The approved tree protection shall be erected prior to any site activity commencing and maintained until completion of the development.  No development or other operations shall take place other than in complete accordance with the Tree Protection Plan.  

            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 local amenity and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

11        No development shall commence until an Arboricultural Impact Assessment, to include details in relation to Root Protection Areas, has been submitted to and approved in writing by the Local Planning Authority.        

            REASON:  To safeguard existing trees on the site which are considered to be important features in the landscape, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

12        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.

            REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

13        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 07:30 nor after 18:00 Monday to Friday, before the hours of 08:00 nor after 13:00 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 EM10 of the Basingstoke and Deane Local Plan 2011-2029.

14        Prior to development commencing a plan showing the provision of adequate visibility splays in both directions shall be submitted to and approved in writing by the Local Planning Authority.  The development shall then be carried out and thereafter maintained in accordance with the approved details.    

            REASON: To ensure a safe means of access to the highway in accordance with the the National Planning Policy Framework (July 2021) and Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

15        Prior to occupation of each of the dwellings hereby approved, the parking provision shown for each of the dwellings on Drawing No AB_01 Revision A, shall be laid out and thereafter maintained.  The area shall not be used for any other purpose other than for the parking of vehicles.       

            REASON: To ensure satisfactory on-site parking is provided in the interests of highway safety, in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

16        Prior to occupation of each of the dwellings hereby provided, cycle parking shall be provided in accordance with the standards set out within the Parking Supplementary Planning Document (2018).  Such provision shall be thereafter maintained.   

            REASON: To ensure satisfactory cycle parking provision in accordance with the Parking Supplementary Planning Document (2018).

17        Each of the dwellings hereby approved shall not be occupied until provision within each of their curtilage has been made for refuse and recycling storage (prior to disposal) in accordance with the standards set out within Appendix 3 of the Design and Sustainability Supplementary Planning Document (2018).      

            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 highway, in the interests of highway safety and in accordance with Policies CN9 and EM10 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;

            considering the imposition of conditions (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 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.         With regard to Condition 10, the Tree Protection Plan should be drawn up to reflect the current British Standard BS 5837 2012 'Trees in Relation to Design, Demolition and Construction'.  Further helpful advice is contained in the council's adopted Landscape and Biodiversity Supplementary Planning Document (2008).

4. Application – 22/00132/FUL: Siting of farm workers dwelling for temporary period. Creation of earth bunds (2.5 metre max wide by 1.5 metre max height). Permeable surfaced farm access tracks (part retrospective).  Site: Land Off Ridge Lane Newnham Hampshire

The Committee considered the report set out on pages 196 to 224 of the agenda together 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 andfor the following reasons.

Reasons for Approval

1          The proposed development has demonstrated that it meets the criteria to be considered as an exception to the general policy of restraint for housing in the countryside. The proposal is therefore considered to represent a sustainable form of development and is in accordance with the National Planning Policy Framework (July 2021) and Policies SD1, SS1 and SS6(f) of the Basingstoke and Deane Local Plan 2011-2029.

2          The proposed development would be of an appropriate design and siting, would relate to surrounding development and although it would cause some harm to the landscape, this is outweighed by the benefits of the scheme.  As such the proposal complies with Section 15 of the National Planning Policy Framework (July 2021), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Design and Sustainability Supplementary Planning Document (July 2018).

3          The proposed development would result in harm to the nearby Grade II Listed Buildings and Newnham Conservation Area however this harm would be modest within the less than substantial category at the lower end of the scale.  As such, having due regard to Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the proposal is considered to comply with the National Planning Policy Framework (July 2021), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Heritage Supplementary Planning Document (March 2019).

4          The 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 Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

5          The proposed development would not cause any adverse impacts on biodiversity and as such the proposal is considered to be in accordance with the National Planning Policy Framework (July 2021). Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).

6          The development would not cause an adverse impact on highway safety, subject to adequate parking being provided to serve the development.  As such the proposal would comply with the National Planning Policy Framework (July 2021), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (July 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, Site Plan, Dwelling Floor Plans and Elevations - Drawing No. P.01

            Proposed Site Plan

            REASON:  For the avoidance of doubt and in the interests of proper planning.

2          The building hereby permitted shall be removed and the land restored to its former condition on or before 07 December 2025.

            REASON: To enable the Local Planning Authority to re-assess the agricultural viability of the holding to see whether there is a continuing need for on-site accommodation, in accordance with the advice contained within the National Planning Policy Framework (July 2021) and Policy SS6 of the Basingstoke and Deane Local Plan 2011-2029.

3          Within 3 months of this decision notice, details of the types and colours of external materials to be used 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: 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.

4          Notwithstanding the submitted details within 3 months of this decision notice a scheme of landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate) has been 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 development commences.  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, to be agreed in writing by the Local Planning Authority.

            REASON: To improve the appearance of the site in the interests of visual amenity in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

5          Within 3 months of this decision notice a plan indicating the positions, design, materials and type of boundary treatments to be erected shall have been submitted to and approved in writing by the Local Planning Authority. The approved boundary treatments shall be erected within 6 months of the granting of this decision and shall subsequently be maintained. 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, details of which shall be agreed in writing by the Local Planning Authority before replacement occurs. 

            REASON:  Details are required within three months of a decision 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 EM1 of the Basingstoke and Deane Local Plan 2011-2029.

6          Within 3 months of this decision notice, a scheme for external lighting shall be 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: To improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

7          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, B, C, D and E of Part 1 of Schedule 2 of the Order shall be erected on the application site without the prior written permission of the Local Planning Authority on an application made for that purpose.  

            REASON: To prevent the overdevelopment of the site in the interests of the visual amenity of the area in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029. 

8          Within 3 months of this decision notice, certificates demonstrating that a) sufficient sampling of imported material has taken place and b) the imported material is free from unacceptable levels of contamination shall be submitted to the Local Planning Authority. Sampling should take place in situ at a frequency of 1 per 100m3.

            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 with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

9          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.       

            REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

10        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.

11        Within 3 months of this decision notice, the hard standing provision for parking and turning in accordance with those shown on the approved Proposed Block Plan (Drawing Number:  P.01) shall be made within the site and shall be retained thereafter for such purposes.

            REASON:  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.

12        Within 3 months of this decision notice the property shall have provision within its curtilage for secure cycle parking facilities. The proposed dwelling shall provide 2 long and 1 short stay places. The cycle storage shall thereafter be retained and maintained in perpetuity.

            REASON: To improve provision for cyclists and discourage the use of the private car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.

13        Within 3 months of this decision notice, a Habitat Enhancement Management Plan (HEMP) shall be submitted to and approved in writing by the Local Planning Authority.  The HEMP shall include the ecological enhancements as featured within the Site Plan. It should describe how these areas will be managed and monitored for biodiversity over the long term. The development shall be carried out in accordance with the approved HEMP.    

            REASON: In order to provide net gains for biodiversity in line with Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029.

14        Within 3 months of this decision notice the property shall have provision within its curtilage for refuse and recycling storage (prior to disposal), 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 and shall make space to provide 1 number 240ltr refuse Wheelie bin, 1 number 240ltr recycling Wheelie bin and 1 number glass recycling box, 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 as such.      

            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.

15        Within 3 months of this decision, a Construction Statement detailing how the new homes 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, 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.

16        Within 3 months of this decision notice, details of electric vehicle charging provision shall be submitted to and approved in writing by the Local Planning Authority.   Such details shall include the specification, appearance and siting of any charging points and shall be installed prior to occupation of the dwelling. Where charging points are not proposed, details of parking areas which can be conveniently retrofitted at a later date shall be provided. This includes details demonstrating that that electrical connections within the site are suitable for future use for electric vehicle charging. The development shall be carried out and thereafter maintained in accordance with the approved details.   

            REASON:  Details are required due to the lack of information submitted in this regard as part of the application in accordance with the guidance contained within the Parking Supplementary Planning Document (July 2018) and Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011 to 2029.

17        Within 3 months of this decision, a Construction Method Statement shall have been been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall include scaled drawings illustrating the provision for:          

            1) Loading and unloading of plant and materials.         

            2) Management of construction traffic and access routes.      

            3) Anticipated construction vehicle movements throughout the construction          

            period.           

            4) Wheel washing facilities.          

            REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 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:-

             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;

             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.

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.         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.

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 845539 or email GMSTeam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.

6.         The Council encourages all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment.

7.         Note to Applicant: 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, SO409TQ. Tel: 0845 603 5633. Email: roads@hants.gov.uk. Website: www.hants.gov.uk/highways

5. Application – 22/00444/PIP: Application for Permission in Principle for the erection of 4 no. dwellings.  Site: Land North Of Cufaude Cottage Cufaude Lane Bramley Hampshire

The Committee considered the report set out on pages 225 to 256 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed permission in principle.

The site was considered to be in an isolated location within the countryside and

Members agreed with the objections from the Biodiversity Officer, Landscape Officer and the National Trust contained within the report.

It was highlighted that the road was an evidenced migration route for the protected species of toads and newts and it was believed that the endangerment of the species could not be mitigated.

Members concluded that due to the site being isolated and the detrimental impact to the landscape, biodiversity and historic monument no scheme in principle would be acceptable in that location.

RESOLVED that:  the application be REFUSED for the following reasons:

Reasons for Refusal

1          The location of the proposed development is considered to be unsuitable for housing due to its isolated location within the countryside contrary to the National Planning Policy Framework (July 2021), Policies SS1 and SS6(e) of the Basingstoke and Deane Local Plan 2011-2029 and Policy H1 of the Bramley Neighbourhood Plan 2011-2029.  Furthermore, the proposed development of the site for housing would introduce built form urban in character at odds with the existing rural nature of the site.  This would intrinsically change the character of the site and surrounding landscape resulting in adverse harm to the landscape character of the area, contrary to Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and Policy RE3 of the Bramley Neighbourhood Plan 2011-2029.

2          The location of the proposed development is considered unsuitable for housing due to the adverse impacts that would arise on the conservation status of key species (S41 Common Toads) and harm to the linkages between designated sites and key habitats.  As such the proposal would be contrary to the Natural Environment and Rural Communities Act, the National Planning Policy Framework (July 2021) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

3          The location of the proposed development is considered unsuitable for housing due to its harmful impact on the setting of designated heritage assets including the Scheduled Monument (moat at Cufaude Manor) and a number of Listed Buildings.  This harm would be less than substantial harm and such harm would not be outweighed by any public benefits.  As such the proposal is contrary to the National Planning Policy Framework (July 2021), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy D1 of the Bramley Neighbourhood Plan 2011-2029.

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 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.

6. Application – 22/00832/FUL: Erection of an agricultural barn. Site: Signal Box Farm Spring Lane Burghclere Hampshire

The Committee considered the report set out on pages 257 to 272 of the agenda together 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 agricultural barn would be of an appropriate design and siting, would relate to surrounding development and would not result in significant impacts on the local landscape character or scenic quality of the area, nor the setting of the North Wessex Downs Area of Outstanding Natural Beauty.  As such, the proposal complies with Section 15 of the National Planning Policy Framework (July 2021), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policies B5 and B8 of the Burghclere Neighbourhood Plan (2011-2029) and the Design and Sustainability Supplementary Planning Document (2018).

2          The 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 Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

3          The development would not cause an adverse impact on highway safety.  As such the proposal would comply with the National Planning Policy Framework (July 2021), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).

4          The proposed development would not cause any adverse impacts on biodiversity and as such the proposal is considered to be in accordance with the National Planning Policy Framework (July 2021). Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).

5          The proposed development would not result in any adverse impacts to trees and those on site would be retained and protected throughout development.  As such, the proposal complies with the National Planning Policy Framework (July 2021),Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 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:      

            Location & Block Plan (Drawing No. 2125-PL01)          

            Existing Site Plan (Drawing no. 2125-PL02)      

            Proposed Floor Plan & Elevations (Drawing No. 2125-PL04-A)         

            Tree Protection Plan (Drawing No. RMT764 - TPP)     

            Visibility Splays (Drawing No. 2022/6608/001 P1)        

            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          The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those materials outlined within the planning application and approved plans.      

            REASON:  In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4          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 in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

5          The development shall not be brought into use until the sightlines as indicated on the approved plan (2022/6608/001 P1) have been provided in which there should be no obstruction to visibility exceeding 1.0m in height above the adjacent carriageway channel line have been completed. Such sightlines shall thereafter be retained for the lifetime of the development.           

            REASON: To provide and maintain adequate visibility in the interests of highway safety in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

6          The development shall be carried out in accordance with the details contained within the Arboricultural Survey Implications Assessment and Arboricultural Method Statement prepared by RMTTree Consultancy Ltd dated 17th August 2022.

            REASON: To ensure that reasonable measures are taken to safeguard protected/important landscape trees in the interests of local amenity and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

7          The development shall be carried out in accordance with the Tree Protection Plan (Drawing No RMT764-TPP dated August 2022) and the tree protection measures set out within this drawing shall be erected prior to any site activity commencing and maintained until completion of the development.  No development or other operations shall take place other than in complete accordance with the Tree Protection Plan.  

            REASON:  To ensure that reasonable measures are taken to safeguard protected/important landscape trees in the interests of local amenity and the enhancement of the development itself, in accordance with Policies EM1 and EM10 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:-

             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 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.

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.         Note to Applicant: 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/highways

7. Application – 22/01503/HSE: Single storey rear extension.  Site: 5 Jamaica Farm Egbury Road St Mary Bourne Hampshire

The Committee considered the report set out on pages 273 to 290 of the agenda together 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 their disappointment that the extension would be located so close to the neighbour’s wall and any maintenance from that side would be untenable.  However, they thought in planning terms there were no sufficient reasons for refusal.

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 adverse impacts on the visual amenity of the area and as such complies with the National Planning Policy Framework (July 2021) Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policy P7 of the St Mary Bourne Parish Neighbourhood 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 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.

3          The proposed development would preserve the character and appearance of the non-designated Heritage Asset and as such would comply with the National Planning Policy Framework (July 2021) and Policy EM11 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 and Site Plans - Revision A September 2022

            Proposed Plans and Elevations - Revision A September 2022

            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          The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building.

            REASON:  In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4          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 in the east or south elevation of the building without the prior permission of the Local Planning Authority on an application made for the purpose.

            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.

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:-

             seeking amendments to the proposed development 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.

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.

8. Application – 22/02419/FUL: Change of use from motor vehicle sales and repairs (sui generis) to Class E general commercial.  Site: Nick Robinson Motorcycles  Bottle Lane Turgis Green Hampshire

The Committee considered the report set out on pages 291 to 305 of the agenda together 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 for the following reasons.

Reasons for Approval

1          The proposed development would not involve any external alterations and as such would not result in any adverse impacts on the visual amenity of the area and complies with the National Planning Policy Framework (July 2021) Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document (July 2018).

2          The proposed change of use would not result in the loss of a commercial premises and would retain an existing commercial unit in accordance with Policy EP4 of the Basingstoke and Deane Local Plan 2011-2029.

3          The development would provide safe and suitable access to the local highway network and would not cause an adverse impact on highway safety.  Adequate parking provision is also made and as such would accord with Sections 9 and 12 of the National Planning Policy Framework (July 2021); 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 an undue loss of privacy or cause undue overlooking, overshadowing, overbearing or noise and disturbance impacts to neighbouring properties. The development therefore complies with the Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (July 2021).

5          Having regard to the duties of Section 66 of The Planning (Listed Buildings and Conservation Areas) Act 1990, the proposed development would preserve the significance of the Listed Building (Turgis House) and as such would comply with the National Planning Policy Framework (July 2021) and Policy EM11 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 at 1:2500     

            Proposed Block Plan at 1:500      

            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          The premises shall not be operated as a gym or for fitness classes unless a scheme for insulating and ventilating the building(s) proposed for use against internally generated noise and controlling music noise has been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully completed before the use commences and shall be thereafter maintained.         

            Building(s) shall be suitably soundproofed, with acoustic-lobbies entrances and exits, a suitable scheme of ventilation and air conditioning to avoid the need to leave doors and windows open, and suitable control measures in place for the volume and bass content of music.           

            REASON:  In the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

4          Notwithstanding the provisions of Regulation 13 of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (or any Order revoking and re-enacting that Order with or without modification), the site shall not be used for any of the uses falling within parts (a), (b) and (e) of Schedule 2 Part A, Class E.     

            REASON:  To accord with the parking standards set out within the Parking SPD, in the interests of residential amenity and in accordance with CN9 and EM10 of the Local Plan 2011-2029 and the Parking SPD.

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:-

             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.

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.         The applicant is reminded that this approval does not give any indication of any consents necessary for any advertisements under the Town and Country Planning (Control of Advertisements) Regulations 1992 which may or may not be required nor any indication that such consent will be forthcoming.  The applicant is advised to contact the Local Planning Authority in this regard as to whether any consents are required if advertisements are proposed.

5.         In relation to condition 3, in order to determine a suitable scheme, a Noise Impact Assessment will need to be carried out by a competent Acoustic Consultant. Local acoustic consultancies can be found on the Institute of Acoustics website here: https://www.ioa.org.uk/find-acoustics-specialist-or-supplier

             And the Association of Noise Consultants website here: https://www.association-of-noise-consultants.co.uk/members-search/

             The ventilation & air conditioning scheme will need to be provided by a suitably competent ventilation specialist.

The Planning Development Manager introduced the report which provided a summary analysis of the appeal decisions received from the 01/04/2022 to 31/10/2022.  It 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.

RESOLVED that:  Members of the Development Control Committee note the outcomes of the appeal decisions and the reasons given for those decisions.

Meeting ended 21:40

Chairman