Basingstoke & Dean Borough Council Development Control Committee Meeting

Councillor Court sent his apologies

Councillor Robinson was appointed as Vice-Chair for the 2023/24 municipal year.

Councillor Hussey declared an interest in application number 23/00067/HSE as the applicant was well known to him and therefore stood down from the committee.

Councillor Durrant declared that he was pre-determined on application number 22/03153/FUL and stood down from the Committee.

There were no urgent matters.

The Chair confirmed that the minutes of the meetings held on the 10^th May 2023 were confirmed by the Committee as a correct record.

The following Public Participation took place:

1. Application -21/01197/FUL: Erection of 2no. dwellings with associated parking.Site: Land At OS Ref 457545 162183 Brimpton Road Baughurst Hampshire

The Committee considered the report set out on pages 93 to 117 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 discussed various issues such as the encroachment into the 20 m buffer zone, the mitigation to the protected species and lack of information supplied to satisfactorily demonstrate that the proposed development would not result in an increased flood risk.

Members believed that the location of the site was acceptable and did not consider the development a departure from policies regarding development in the countryside due to the proximity to the school and other facilities.

Some Members felt that the concern regarding the siting of the proposed dwellings in relation to the adjacent trees immediately surrounding the plot would result in an unacceptable low level of daylight and sunlight reaching the rear of the dwellings, would be a matter for the potential buyers to consider.

It was noted that the West Berkshire emergency planners had not objected to the application the proposal.

Most members believed that it was a deliverable site which would make a small contribution to the housing land supply.

RESOLVED that:  the application be invited to submit information in relation to a Flood Risk Assessment and the appropriate reptile translocation to the satisfaction of the Planning and Development Manager.  In the event of the information being acceptable delegation be given to APPROVE the application subject to any conditions and/or Section 106 Agreement related to the aforementioned information and subject to the following conditions and reasons for approval.

Reasons for Approval

1          In the absence of an up-to-date Development Plan, the proposal 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 proposal would significantly and demonstrably outweigh the benefits when the policies of the National Planning Policy Framework (July 2021) 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 (July 2021) and Policy SD1 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 Plan - Drawing No. AB_01 Revision B        

            Plot 1 Proposed Ground Floor and First Floor Plans - Drawing No. AB_03 Revision A    

            Plot 1 Proposed Second Floor Plan, Roof Plan and Elevations - Drawing No. AB_02 Revision A    

            Plot 2 Ground Floor Plan and Elevations - Drawing No. AB_04 Revision A

            Plot 2 First Floor Plan and Elevations - Drawing No. AB_04 Revision A      

            Proposed Access - Drawing No. AB_06 Revision 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          Notwithstanding the plans submitted, no development shall commence on site above slab level until a schedule of materials and finishes to be used, including samples, for the external walls and roofs of the proposed buildings 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 shall take place on site above slab level until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate) including boundary treatments, hard surfacing and a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting. The approved soft landscaping 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. The approved hard landscaping works shall be implemented prior to occupation of the dwelling. 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 prior to commencement above slab level 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 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 with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

6          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.

7          Prior to occupation of the dwellings hereby approved, the provision for parking and turning in accordance with those shown on the approved Proposed Site Plan (Drawing Number: AB_01 Revision B) 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.

8          The properties hereby permitted shall not be occupied until each property has provision within its curtilage for secure cycle parking facilities for 3 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.

9          The approved Arboricultural Impact Assessment and tree protection plan shall be erected prior to any site activity commencing and maintained until the area is to be landscaped.  No development or other operations shall take place other than in complete accordance with the Arboricultural Impact Assessment and Tree Protection Plan submitted by Harrison Arboriculture ref: 8614026/1/2020 dated 1 June 2022.

            REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (July 2021) and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.

10        The Arboricultural Method Statement 8614026/1/2020 dated June 2022. submitted in support of the application shall be adhered to in full, subject to the pre-arranged tree protection monitoring and site supervision, detailed in section 5 of the report, by a suitably qualified tree specialist.     

            REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (July 2021) and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.

11        The development hereby permitted shall not be occupied or the approved use commence, whichever is the sooner, until the property has 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 for each 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 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.

12        Within 3 months of the date of commencement, 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

13        Prior to the occupation of the dwellings hereby permitted, 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.

14        Development should be undertaken in line with recommendations and procedures contained within the submitted Ecological Assessment by The Ecology Co-op dated 2nd February 2023. 

            REASON:  In order to prevent impacts on key species including bats, great crested newts, reptiles and nesting birds in line with protection under The Conservation of Habitats and Species Regulations 2017 (Amended), The Wildlife and CountrysideAct 1981 (Amended) and also in line with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 with regard to preventing adverse impacts on key species.

15        Development should be undertaken in line with recommendations and procedures contained within the submitted Reptile Mitigation Statement submitted by The Ecology Co-op dated 2nd February 2023.        

            REASON:  In order to prevent impacts on reptiles in line with protection under The Conservation of Habitats and Species Regulations 2017 (Amended), The Wildlife and CountrysideAct 1981 (Amended) and also in line with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 with regard to preventing adverse impacts on key species.           

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;

             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 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 following the receipt of  form_2_assumption_of_liability.pdf (planningportal.co.uk).  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.

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.         In the event discoloured and/or odorous soils are encountered during foundations and other excavation works; or should any hazardous materials (including asbestos) or significant quantities of made ground be found, then all development works shall be stopped and the Local Planning Authority contacted immediately. A scheme of works to investigate the risks and / or the adoption of any required remedial measures be submitted to, agreed and approved in writing by the Local Planning Authority prior to the recommencement of development works.

7.         Consent under the Town and Country Planning Acts must not be taken as approval for any works carried out within or over any footway, including a Public Right of Way, carriageway, verge or other land forming part of the publicly maintained highway.   The development will involve works within the public highway.   It is an offence to commence those works without the permission of the Local Highway Authority.  In the interests of highway safety the development must not commence on-site until permission has been obtained from the Local Highway Authority authorising any necessary works, including street lighting and surface water drainage, within the publicly maintained highway.   Public Utility apparatus may also be affected by the development.   Contact the appropriate public utility service to ensure agreement on any necessary alterations.  

             Advice about works within the public highway can be obtained from Hampshire County Council's Area Office, telephone 0845 603 5633. 

8.         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.

2. Application - 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 118 to 169 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 the main area of concern was the location of the site due to it being located within the St Mary Bourne Conservation Area and North Wessex Downs Area of Outstanding Natural Beauty and the potential flood risk.

Members expressed their disappointment that the report did not cover potential water contamination to the watercress beds which were located 300 m downstream from the proposal.

It was suggested that the proposal was for modest housing in line with the street scene and a natural extension of semi-detached homes.

Members agreed that they had insufficient information on the impact of sewage and surface water flood risk and requested for the application to be deferred.

Requested that Environment agency and Southern Water to be consulted on the information.

RESOLVED that:  the application be DEFERRED for further information in relation to:

·         Further information in relation to foul and surface water drainage together with consultation with the Environment Agency and Southern Water.

3. Application – 22/03153/FUL: Conversion and extension of barn to form 1 no. three bed dwelling; with associated parking, turning, landscaping, private amenity space and access. Site: Land Adjacent to Byes Lane Grid Ref 463222 161163 Byes Lane, Silchester, Hampshire

The Committee considered the report set out on pages 175 to 191 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 mixed views were expressed as to whether the dwelling was in an isolated location within the countryside.

Some Members thought that there would be an urbanisation of the rural character of the area because of the introduction of domestic built form and associated paraphernalia, a contrived subdivision of the existing agricultural field and delivery of vehicular visibility splays which would result in the loss of trees and hedgerow.

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

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

 Reasons for Refusal

 1         The application would result in the formation of a single dwelling in an isolated location within the countryside.  The proposal is therefore not considered to represent a sustainable form of development which would enhance or maintain the vitality of rural communities as set out in the National Planning Policy Framework (July 2021). The location of the proposed development is also not considered to represent a sustainable form of development given the sites limited access to services and facilities. The identified harm would significantly and demonstrably outweigh the benefits of a single dwelling.  The proposal is contrary to the National Planning Policy Framework (July 2021) and Policies SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029.  There is no justification for departing from the development plan or National Planning Policy Framework or any other material considerations such to establish the principle of development which would be of sufficient weight for the creation of an additional dwelling on this site.

 2         The development would result in the urbanisation of the rural character of the area as a result of the introduction of domestic built form and associated paraphernalia, a contrived subdivision of the existing agricultural field and delivery of vehicular visibility splays which would result in the loss of trees and hedgerow. The development would adversely affect the visual amenity and undeveloped character of this part of the Borough and the removal of trees and hedges which make a positive contribution towards the character and appearance of the locality. It is not considered that the proposed development could be adequately mitigated against. The proposed development would therefore result in unacceptable adverse impacts on the landscape character and visual amenity of the area and as such would be contrary to the National Planning Policy Framework (July 2021), Policies SS6, EM1, and EM10 of the Basingstoke and Deane Local Plan 2011-2029, the Design and Sustainability Supplementary Planning Document (2018) and the Landscape, Biodiversity and Trees 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:-

             considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 54-57).

             In this instance:

             the applicant was updated of any issues after the consultee's responses were received.

             In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. 

4. Application – 22/03307/HSE: Single storey rear extension including excavation works to rear garden and erection of a new retaining wall Site: Blaegrove Cottage  Blaegrove Lane Up Nately Hampshire

The Committee considered the report set out on pages 192 to 207 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 which resulted in mixed views.

Some Members felt that it was a modest extension added to the current extension and and would not cause any deterioration to the listed building.  In addition, it was believed that only the top half would be visible from the road when the hedge was not in leaf and the impact to the conservation area was virtually insignificant.

Other Members disagreed and believed that the proposal would have a detrimental visual impact on the fabric of the dwelling and that the alternations proposed would not enhance or preserve the Grade II listed cottage.

It was acknowledged that the proposal offered some energy savings.

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

Reasons for Refusal

1          The proposed development would, due to its design, size, scale, depth and appearance and the cumulative impact of the proposed and existing extensions, erode the character, form, setting and appearance of the Grade II listed cottage, causing harm to the significance of the listed building, which is protected as a designated heritage asset.  Harm would be within the 'less than substantial' category set out in the National Planning Policy Framework (July 2021) and would not be outweighed by any public benefit.

            The proposed development does not demonstrate a thorough understanding of heritage assets affected and the impact of the proposal, would fail to respect the historic form and setting of the host building, which contribute to its significance, and would fail to conserve or enhance the quality, distinctiveness and character of heritage assets by ensuring the use of appropriate design. The proposed development would neither preserve nor enhance the character and appearance of the Up Nately Conservation Area.       

            The proposal would therefore be in conflict with the requirements of Sections 12 and 16 of the National Planning Policy Framework (July 2021), Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029, the Heritage Supplementary Planning Document (March 2019) and the Up Nately Conservation Area Appraisal (April 2004).

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.

            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. Application – 22/03308/LBC: Single storey rear extension including excavation works to rear garden and erection of a new retaining wall Site: Blaegrove Cottage  Blaegrove Lane Up Nately Hampshire

The Committee considered the report set out on pages 208 to 221 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 REFUSED for the following reasons:

Reasons for Refusal

1          The proposed extension would cause harm to the significance of the listed building, due to the size, scale, form and design of the extension. Harm to the significance of the listed building is within the 'less than substantial' category set out in the National Planning Policy Framework (July 2021) and is not outweighed by any public benefit. The proposals are therefore in conflict with the requirements of Section 16 of the National Planning Policy Framework (July 2021) and Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the principles contained in the Council's Heritage Supplementary Planning Document (March 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 further information 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.

6. Application – 23/00026/HSE:  Erection of side extension and raising of roof to form first floor with front and rear dormers Site: 41 Foyle Park Basingstoke Hampshire RG21 3HD

The Committee considered the report set out on pages 222 to 232 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 as a neighbouring property had already raised the roof to form first floor accommodation with dormer windows, they believed the proposal would therefore be in keeping with the street scene.

RESOLVED that:  the application was 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 relate in a sympathetic manner to the street scene and character 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 and 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 the occupiers of neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document 2018.

3          The development would not cause an adverse impact on highway safety and would provide adequate parking provision in accordance with highway requirements and would not detrimentally affect highway safety.  As such the development would accord 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).

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: 000_SL/01: Rev: B     

            Proposed Floor Plans, Drawing No: 000_/01: Rev: B  

            Proposed Elevations, Drawing No: 000_/02: Rev: B    

            Proposed Streetscene Elevation, 000_/03: Rev: B       

            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 roofs of the proposed 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.

4          The development hereby permitted shall provide for the parking of 3 vehicles within the curtilage of the property and the areas of land so provided shall be retained as such and not be used for any purposes other than the loading and unloading and parking of vehicles.

            REASON: 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).

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

             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 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 following the receipt of  form_2_assumption_of_liability.pdf (planningportal.co.uk).  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.

7. Application – 23/00067/HSE: Proposed double storey side extension to replace existing Garage. Proposed single storey rear extension and timber pergola structure.  Site:  93 Cavalier Road Old Basing Hampshire RG24 7ER

The Committee considered the report set out on pages 233 to 244 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 although there was some concern with regards to the proximity to the neighbouring dwelling it was however in keeping with the neighbours’ extension and the street scene.

Members expressed various views regarding the potential overlooking from the new first floor window and the neighbour’s kitchen window.

RESOLVED that:  the application was APPROVED subject to the conditions listed below andfor the following reasons.

Reasons for Approval

1          The proposed development would be of an acceptable design and would not adversely  impact on character and appearance of the surrounding area. As such, the proposal would comply with the National Planning Policy Framework (July 2021),  Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policy OB&L 7 of the Old Basing and Lychpit Neighbourhood Plan 2015-2029 and Principles E2, E4 and E5 of the Design and Sustainability Supplementary Planning Document (2018).

2          Having regard to the requirements of Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the proposal would not result in harm to the setting of the Old Basing Conservation Area and would therefore comply with the National Planning Policy Framework (July 2021), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029, Policy OB&L6 of the Old Basing and Lychpit Neighbourhood Plan 2015-2029, the Heritage Supplementary Planning Document (2019) and the Old Basing Conservation Area Appraisal.

3          The proposed development would not result in undue loss of privacy or cause undue  loss of light, outlook, overshadowing  or overbearing impacts to neighbouring properties.  As such, the proposal is considered to comply with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Principle E1 of the Design and Sustainability Supplementary Planning Document (2018).

4          The proposal is considered to be acceptable with regards to parking by virtue of sufficient  parking amenity remaining to the front of the dwelling to continue to meet the needs of the dwelling.  As such, the proposal would comply with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (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 (Drawing no. 099)  

            Block Plan (Drawing no. 098)       

            Proposed Elevations (Drawing No. 103) 

            Proposed Floor Plans (Drawing No. 102)           

            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 and Policy OB&L7 of the Old Basing and Lychpit Neighbourhood Plan 2015-2029.

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.

8. Application – 23/00104/FUL: Erection of a shed.  Site: Pirates Cottage Tubbs Lane Highclere Newbury

The Committee considered the report set out on pages 245 to 258 of the agenda and other matters discussed at the meeting.

RESOLVED that:  the application was APPROVED subject to the conditions listed below andfor the following reasons:

Reasons for Approval

1          The proposed shed 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 (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).

2          The proposed development would, due to its location, scale and design conserve the landscape and scenic beauty of the North Wessex Downs Area of Outstanding Natural Beauty. The proposal would therefore be in accordance with the National Planning Policy Framework (July 2021) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

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 (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 (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 and Block Plan, Drawing No: P01. Rev: A     

            Proposed Plans and Elevations, Drawing No: P02. 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          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 approved plans and application form.      

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

4          The area shown on the approved site plan (drawing number P03 Rev A) for the parking and manoeuvring of vehicles for the dwelling shall be provided prior to occupation and reserved for these purposes at all times.    

            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.

5          The outbuilding hereby permitted shall be occupied solely for purposes incidental to the occupation and enjoyment of the new dwelling and shall not be sold off, sub-let or used as a separate unit of accommodation nor in connection with any trade, business, profession or commercial enterprise.       

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

6          Protective measures as submitted and approved under application 21/03763/ROC, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be installed in accordance with the Arboricultural Impact Assessment and Arboricultural Method Statement dated June 2020 written by Stuart Roberts of Assure Trees Arboricultural Consultancy and be retained throughout the development.

            REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (July 2021) and Policy EM1 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

             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.

The Assistant Planning Manager introduced the report and advised that planning permission was granted for the conversion of a redundant barn to granny

annexe in June 1988, subject to a legal agreement restricting occupancy of the

property to ancillary accommodation of Park Gate Farmhouse.

The application to discharge the section 52 agreement had been accompanied by

evidence to demonstrate that the property had been occupied independently to

Park Gate Farmhouse since 1996.   It was therefore considered that the legal

agreement no longer served a useful planning purpose.

On the basis that the legal agreement no longer served a useful purpose, it was

recommended that the request to remove the terms of the S52 Agreement for the

development under the planning permission BDB/24525 be approved. The result

of the discharge of the legal agreement would result in a separate, self-contained

dwelling which was unrestricted in its occupation.

RESOLVED:  To remove the SECTION 52 Legal Agreement in its entirety which

restricts the occupancy of the property to ancillary residential

accommodation in connection with Park Gate Farmhouse

The Planning Development Manager introduced the report and which updated Members on a review of the Local Requirements for information to be submitted with planning applications for them to be registered.

He confirmed that 3.3 of the report stated, “There have been no legislative changes or new SPDs which may have required changes to the current requirements since the last review in 2021, and as such no changes are proposed to the existing local requirements”.

RESOLVED:  The Development Control Committee approves the approach to the review of the Local Requirements as described in paragraph 3.3 of the report for implementation from 11 June 2023.

The Planning and Development Manager introduced the reportwhich provided a summary analysis of the appeal decisions received from the 01/02/2023 to 31/04/2023 Appendix A and B of the report.  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 were made but was by no means a summary of all the issues referred to in the Inspectors’ decision notices.

In the period 01/04/2022 to 30/04/2023 17 out of 56 appeals had been

allowed equating to 30.3% of the overall appeal decisions.  This compared

against a council performance indicator of seeking to have no more than 33%

appeals allowed.

RESOLVED:  Members of the Development Control Committee note the outcomes

of the appeal decisions and the reasons given for those decisions.

Meeting ended 21:00

Chairman