Basingstoke & Dean Borough Council Development Control Committee Meeting

There were no apologies for absence.

There were no declarations of interest.

There were no urgent matters.

The Chair confirmed that the minutes of the meetings held on the 8^TH February 2023 were confirmed by the Committee as a correct record.

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 71 to 179 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.

It was acknowledged that application reference 22/00174/OUT was considered by the Development Control Committee on 7 December 2022.  The resolution of the Committee was to approve the application subject to conditions and completion of a section 106 (s106) Legal Agreement.  At the time of the Committee consideration of the application the Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan (NP) 2021-2039was assessed as carrying little to moderate weight.

The material change in circumstances highlighted the need for the application to be returned to Development Control Committee.  The fact that the Regulation 16 consultation had now concluded and that the NP has progressed to the publication of the Examiner’s report was a material change.

Members believed that there should be an allocation for affordable homes which was provided in the proposed application but not in the NP and were content that the Examiner’s report, with recommended modifications, had endorsed those elements of the plan in knowledge of the resolution to grant planning permission for 42 dwellings at the application site.

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

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 Policies ESBG5 and ESBG13 of the Post- Examination Draft   Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 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 Policy ESBG2 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039, 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 and Policies ESBG2 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039

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) and Policy ESBG17 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039.

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 Policy ESBG12 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039, 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 and Policies ESBG2, ESBG4, ESBG11, ESBG12 and ESBG 17 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039; 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

1             The development hereby permitted shall be begun either before the expiration of 3 years from the date of this permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is later.         

            REASON: To comply with Section 92 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

2              Applications for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this planning permission.       

            REASON: To comply with Section 92 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3          The development hereby permitted shall be carried out in accordance with the following approved plans:      

            Land Use & Access Plan (5000 Revision C 10/10/22)             

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

4         Details of the appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved. 

            REASON: To comply with Article 4 of the Town and Country Planning (General Development Procedure) Order 2015 (or any order revoking and re-enacting that Order) and in order to secure a satisfactory development and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011- 2029 and Policies ESBG5 and ESBG13 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 and the Design and Sustainability Supplementary Planning Document (July 2018).

5          The development herby permitted shall be limited to a maximum of 42 dwellings.

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

6          Development shall be undertaken in line with woodland and hedgerow buffers depicted on the Landscape Buffer Plan V2 prepared by Turley dated 16/6/2022 and described in the Buffer Response Technical Note by ACD Environmental dated 14/6/2022. 

            REASON: In order to retain naturalistic buffers adjacent to Ancient Woodland, tree lines and hedgerows in line with stipulations within Box 6 Buffer Zones for Biodiversity of the Council's Landscape, Biodiversity and Trees Supplementary Planning Document (2018) and Policies ESBG12 and ESBG13 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 and the Design and Sustainability Supplementary Planning Document (July 2018).  

7          Development should be undertaken in line with the recommendations and procedures contained within Chapter 6 Assessment of Effects and Mitigation Measures of the Ecological Impact Assessment by ACD Environmental dated 12/8/2022 with the exception of the statement for 15m wide buffers stated in Paragraph 6.6 which should be in excess of 20m as depicted on the Landscape Buffer Plan V2.       

            REASON: In order to mitigate impacts on key habitats such as Semi-natural Broadleaved Woodland and key species including Great Crested Newts, Bats, Hazel Dormice, Breeding Birds, Badgers and Reptiles in line with protection under The Conservation of Habitats and Species Regulations 2017 (Amended), Wildlife and Countryside Act 1981(Amended) and Badgers Act 1992. In order to meet with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 with regards to preventing adverse impacts on key species and habitats, and Policy ESBG12 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 and the Design and Sustainability Supplementary Planning Document (July 2018).

8          Applications for the approval of reserved matters shall be in accordance with Policies CN1 and CN3 of the Basingstoke and Deane Local Plan 2011-2029 particular regard to the provision of an appropriate housing mix and a minimum of 15% of dwellings to be built accessible and adaptable standards to enable people to stay in their homes as their needs change.  Development shall be carried out in accordance with the approved details.       

            REASON:  To ensure an appropriate co-ordinated high quality form of development and to accord with the National Planning Policy Framework and the Housing Supplementary Planning Document and Policy ESBG2 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039, and the Council's Housing Supplementary Planning Document (2019).

9          Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the bus stop improvements works on Ecchinswell Road. The bus stop improvements shall be implemented prior to first occupation of the dwellings and shall be thereafter maintained.    

            REASON: To improve public transport infrastructure in the vicinity of the site, in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy ESBG17 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039.

10        Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the pedestrian connections between the application site and Harrier Road, and the application site and the Public Right of Way (FP32). The full details shall include the links to the development, siting, width and construction detail based on a topographical survey as well as detail of how harm to trees will be avoided. The pedestrian links shall be implemented prior to first occupation of the dwellings and shall be thereafter maintained.   

            REASON: To improve pedestrian infrastructure in the vicinity of the site, in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy ESBG17 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039.

11        Before the development is first brought into use, the means of vehicular access to the site shall be constructed in accordance with the approved plan (Drg No. 3420.03) and no structure, erection or planting exceeding 1.0m in height shall thereafter be placed within the visibility splays shown on the approved plans.  

            REASON: To ensure a suitable access and layout in the interests of highway safety, in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy ESBG17 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039.

12        No dwelling shall be occupied until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the Local Planning Authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980 or a private management and maintenance company has been established - details of which shall have first been submitted to and approved in writing by the Local Planning Authority.        

            REASON: To ensure satisfactory development and in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy ESBG17 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039.

13        No part of the development shall be occupied until cycle parking facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.  

            REASON: To improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy ESBG17 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039.

14        No part of the development shall be occupied until vehicle parking facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.  

            REASON: To ensure satisfactory development and in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy ESBG17 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039.

15        Applications for the approval of reserved matters shall be accompanied by a scheme for the provision of Electric Vehicle Charging Infrastructure for both unallocated and allocated parking spaces. The development shall then proceed in full accordance with the approved scheme and shall be thereafter maintained.      

            REASON: To ensure that the development provides opportunities for sustainable transport modes in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029, the Basingstoke and Deane Parking Supplementary Planning Document, paragraph 110(e) of the National Planning Policy Framework.

16        No part of the development shall be occupied until refuse storage and collection facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority. Such drawings shall show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.

            REASON: To ensure that the storage and collection of refuse does not harm highway safety or impact detrimentally upon the amenities of the site in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Design and Sustainability Supplementary Planning Document (2018).

17        Applications for the approval of reserved matters shall be accompanied by full details of both hard and soft landscape works including ground levels or contours; means of enclosure; parking layouts; vehicle and pedestrian access and circulation areas; hard surfacing materials and minor artefacts and structure (e.g. furniture, refuse or other storage units, signs, lighting, external services).            

            Soft landscape details shall include planting plans with specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants noting species, plant sizes and proposed numbers/ densities where appropriate, a schedule of tree planting to include the specification of tree planting pits where appropriate with details of any irrigation or drainage infrastructure, tree root barriers (if necessary) to prevent damage or disruption to any proposed hard surfacing or underground services, drains or other infrastructure and details of the location of external lighting sufficient to demonstrate how lighting is to be achieved without conflict to proposed tree planting, with allowance for reasonable growth.

            The hard and soft landscaping details shall be accompanied by an implementation programme.

            All hard and soft landscape works shall be carried out in accordance with the approved details prior to the occupation of the relevant part of the development or in accordance with the timetable agreed with the Local Planning Authority which shall include appropriate planting to be undertaken at the earliest opportunity.  

            Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority.  

            The development shall be carried out and thereafter maintained in accordance with the details so approved, (and in accordance with the separate Landscape Management Plan to be secured within a Section 106 Agreement), to include detailed long term design objectives, management responsibilities and maintenance schedules for all landscape areas to address all operations to be carried out in order to allow successful establishment of planting and the long term maintenance of the landscaping in perpetuity, and including provisions for review at least every five years).   

            REASON: To ensure the provision, establishment and maintenance of a high standard of landscape in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018) and Policies ESBG5 and ESBG13 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 and the Design and Sustainability Supplementary Planning Document (July 2018).

18        Applications for the approval of reserved matters shall be supported by an Arboricultural Impact Assessment prepared in accordance with the BS5837:2012 "Trees in relation to design, demolition and construction" (or equivalent document if replaced). The assessment shall be based upon a comprehensive survey of all the trees on and adjacent to the site and shall demonstrate which trees can be retained and which trees are to be removed. The detail shall also demonstrate how a footpath onto Harrier Road will be delivered without harm to adjacent trees. This should include cross-sectional drawings showing existing and proposed levels through the trees. The development shall be carried out and thereafter maintained in accordance with the approved details.    

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

19        Prior to occupation of the dwellings hereby approved, a Construction Statement detailing how the new dwellings shall meet a water efficiency standard of 110 litres of less per person per day shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved plans.  

            REASON: 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.

20        No development shall begin until a detailed surface water drainage scheme for the site, based on the principles within the Flood Risk Assessment and Drainage Strategy rev C, has been submitted and approved in writing by the Local Planning Authority. The submitted details should include:       

            a) A technical summary highlighting any changes to the design from that within the approved Flood Risk Assessment.    

            b) Detailed drainage layout drawings at an identified scale indicating catchment areas, referenced drainage features, manhole cover and invert levels and pipe diameters, lengths and gradients.          

            c) Detailed hydraulic calculations for all rainfall events, including the listed below, which should take into account the connectivity of the entire drainage system. The results should include design and simulation criteria, network design and result tables, manholes schedule tables and summary of critical result by maximum level during the 1 in 1, 1 in 30 and 1 in 100 (plus an allowance for climate change) rainfall events. The drainage features should have the same reference that the drainage layout.    

            d) Evidence that runoff exceeding design criteria has been considered. Calculations and exceedance flow diagram/plans must show where above ground flooding might occur and where this would pool and flow.   

            e) Evidence that Urban Creep has been considered in the application and that a 10% increase in impermeable area has been used in calculations to account for this.   

            f) Information evidencing that the correct level of water treatment exists in the system in accordance with the Ciria SuDS Manual C753.

            g) Maintenance regimes of entire surface water drainage system including individual SuDS features, including a plan illustrating the organisation responsible for each element (including the drainage under the highway). Evidence that those responsible/adopting bodies are in discussion with the developer.      

            and    

            If infiltration is proposed with any subsequent Reserved Matters of Full Planning Application, a ground investigation report shall be carried out. The ground investigation report should include:         

            h) Infiltration testing in accordance with the BRE365 methodology (2016 publication), which should be carried out at a depth and location commensurate with the proposed drainage features.       

            i) Groundwater monitoring between autumn and spring, which should demonstrate that there will be at least 1m unsaturated zone between base of the storage structures.        

            REASON: To prevent the increased risk of flooding, both on and off site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2021).

21        Prior to the first occupation of any of the dwellings hereby approved, details for the long-term maintenance arrangements for the surface water drainage system shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include maintenance schedules for each drainage feature type and ownership and must include the adjacent watercourse detailing the extent of responsibility. The development shall be carried out and thereafter maintained in accordance with the approved details.      

            REASON: To prevent the increased risk of flooding, both on and off site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2021).

22        Prior to first connection to the ordinary watercourse adjacent to the development, a survey of the condition of the watercourse shall be undertaken to identify the need for any improvement works (including but not limited to reparation, remediation, restitution, and/or replacement). Evidence of any works undertaken, including photographs, shall be submitted to the Local Planning Authority. No development shall begin until written agreement for the principle of connection(s) and discharge rate(s) has been obtained from the Local Planning Authority.      

            REASON: To prevent the increased risk of flooding, both on and off site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2021).

23        No development above ground slab level shall commence until details of the types and colours of external materials and finishes to be used, including colour of mortar, together with samples, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.

            REASON: In the interests of visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy ESBG5 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 and the Design and Sustainability Supplementary Planning Document (July 2018).

24        Applications for the approval or reserved matters shall be supported by a statement of how the development will be of a high quality of sustainable design. This will include reference to how the layout, design and construction of the development will involve the efficient use of natural resources through: reducing resource requirements in terms of energy demands and water use; the consideration of opportunities for renewable and low carbon energy technologies; the use of passive solar design to maximise the use of the sun's energy for heating and facilitate sustainable cooling of buildings; and the mitigation of flooding, pollution and overheating. The development shall be carried out in accordance with the statement.           

            REASON: To ensure an appropriate co-ordinated high quality form of development in accordance with policies CN1, CN3, CN5, CN6, CN9, EM1, EM4, EM5, EM10, and EM12 of the Basingstoke and Deane Local Plan 2011-2029, the Design and Sustainability Supplementary Planning Document, Housing Supplementary Planning Document, the Landscape, Biodiversity and Trees Supplementary Planning Document, and the National Planning Policy Framework (2021) and Policy ESBG16 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 and the Design and Sustainability Supplementary Planning Document (July 2018).

25        Applications for the approval of reserved matters shall be accompanied by a measured survey and a plan prepared to a scale of not less than 1:500 showing details of existing and intended final ground floor levels and finished floor levels in relation to a nearby agreed datum point which shall be submitted and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.    

            REASON: In the interests of visual amenity having regard to Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies ESBG5 and ESBG13 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 and the Design and Sustainability Supplementary Planning Document (July 2018).

26        No external lighting shall be installed on site unless details of such lighting, including the intensity of illumination and predicted lighting contours have been first submitted to, and approved in writing by, the Local Planning Authority prior to first occupation of the site. Any external lighting that is installed shall accord with the details so approved and shall thereafter be operated and maintained in accordance with the approved scheme.      

            REASON: In the interest of the appearance of the rural setting, to protect biodiversity and residential amenity on site in accordance with Policy EM1, EM4, EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policies ESBG13 and ESBG15 of the Post-Examination Draft Ecchinswell, Sydmonton and Bishops Green Neighbourhood Plan 2021-2039 and the Design and Sustainability Supplementary Planning Document (July 2018).

27        No development shall take place until a site specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to:        

            Procedures for maintaining good public relations including complaint management, public consultation and liaison;    

            Arrangements for liaison with the Council's Environmental Protection Team;         

            All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours:

            0730 Hours and 18 00 Hours on Mondays to Fridays and      

            08 00 Hours and 13 00 Hours on Saturdays and;         

            at no time on Sundays and Bank Holidays;       

            Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.  

            Mitigation measures as defined in BS 5528: Parts 1 and 2: (2009) Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.

            Procedures for emergency deviation of the agreed working hours;  

            Control measures for dust and other air-borne pollutants;      

            Measures for controlling the use of site lighting whether required for safe working or for security purposes;  

            Measures for incorporating the safety of public footpath users and other pedestrians - bearing in mind the permanent access rights to the PROW network from Ecchinswell Road.           

            The 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) Consideration of the PROW network, with particular note to the safety and priority of users of FP32.        

            5) Storage of plant and materials used in constructing the development.    

            6) Wheel washing facilities.          

            REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in the interest of highway safety in accordance with Policies EM10, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

28        No works pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority:-  

            (a) a desk top study carried out by a competent person documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2011;     

            and,   

            (b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice;

            and,   

            (c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and, if necessary, proposals for future maintenance and monitoring.           

            Important note: Unless part (a) identifies significant contamination, it may transpire that part (a) is sufficient to satisfy this condition, meaning parts (b) and (c) need not be subsequently carried out. This would need to be agreed in writing by the Local Planning Authority.      

            If during any works contamination is encountered which has not been previously identified, it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme agreed in writing with the Local Planning Authority.  

            This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Contamination Land Guidance at: https://www.gov.uk/contaminated-land, Last accessed October 2019.          

            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.

29        The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 28(c) that any remediation scheme required and approved under the provisions of condition 28(c) has been implemented fully in accordance with the approved details. Such verification shall comprise;   

            i. as built drawings of the implemented scheme;           

            ii. photographs of the remediation works in progress;  

            iii. Certificates demonstrating that imported and/or material left in situ is free of contamination.        

            Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 28(c), unless otherwise agreed in writing by the Local Planning Authority.                  

            REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

30        The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority certificates demonstrating that a) sufficient sampling of imported material has taken place and b) the imported material is free from unacceptable levels of contamination. 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.

31        The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification that any identified asbestos has been removed from the application site and disposed of by a licensed asbestos contractor in accordance with the Control of Asbestos Regulations 2012.  

            REASON: To ensure that all asbestos on the site is removed to protect any future occupants of the site and current occupants of adjacent land in accordance with Policy EM12 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;

             seeking amendments to the proposed development following receipt of the application;

             considering the imposition of conditions and or the completion of a s.106 legal agreement;

             In 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.         Ordinary Watercourse consent will be required for the structure connecting to the watercourse.

5.         Works to an ordinary watercourse, under the Land Drainage Act 1991, as amended by the Flood and Water Management Act 2010, prior consent from the Lead Local Flood Authority is required. This consent is required as a separate permission to planning. Information on ordinary watercourse consenting can be found at the following link https://www.hants.gov.uk/landplanningandenvironment/environment/flooding/c hangewatercourse It is strongly recommended that this information is reviewed before Land Drainage consent application is made. 4 For guidance on providing the correct information, we recommend you use our Ordinary Watercourse Consents Pre-application service and help avoid delays occurring at the formal application stage. A Pre-application service for Ordinary Watercourse Consents is available, allowing consents to go through in a smoother, often more timely manner. For full information please visit: https://www.hants.gov.uk/landplanningandenvironment/environment/flooding/c hangewatercourse

6.         It is important to ensure that the long-term maintenance and responsibility for Sustainable Drainage Systems is agreed between the Local Planning Authority and the applicant before planning permission is granted. This should involve discussions with those adopting and/or maintaining the proposed systems, which could include the Highway Authority, Planning Authority, Parish Councils, Water Companies and private management companies. For SuDS systems to be adopted by Hampshire Highways it is recommended that you visit the website at: https://www.hants.gov.uk/transport/developers/constructionstandards for guidance on which drainage features would be suitable for adoption. Where the proposals are connecting to an existing drainage system it is likely that the authorities responsible for maintaining those systems will have their own design requirements. These requirements will need to be reviewed and agreed as part of any surface water drainage scheme.

7.         Management of surface water from new developments should follow guidance under sections 167 & 168 in the National Planning Policy Framework. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.

8.         The planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). Any works within the highway must be approved by S278 Agreement, details of which can be found at https://www.hants.gov.uk/transport/developers/constructionstandards

9.         No vehicular or plant access to the site for construction should be made via the public footpath.

10.       Nothing connected with the development, or its future use, shall have an adverse effect on the Public Rights of Way, which must always remain available for safe public use at all times.

11.       Should the developer identify the need to temporarily close or adjust a PROW, they should follow the guidance on the Hampshire County Council website. This includes further information on the duties as a land owner and/or developer, found at Landowners guide to public rights of way | Hampshire County Council (hants.gov.uk)

12.       Pedestrian links from the development onto FP 32 should be designed in accordance with Hampshire Countryside Service Design Standards and

             the correct permission should be acquired from Hampshire Countryside Service.

13.       No vehicles (including builder's and contractor's), machinery, equipment, materials, spoil, scaffolding, or anything associated with the works, use, or occupation of the development, should be left on or near to a Public Right of Way as to cause obstruction, hindrance, or a hazard to the legitimate users. The public retain the right to use the public right of way at all times.

14.       Proposed SUDs scheme should be designed to not drain onto, or worsen drainage/surface water conditions on FP 32.

15.       Planning permission does not entitle the developer to carry out works or to obstruction the PROW without prior agreement from the Highways Authority, in regards to the PROW network (Hampshire Countryside Service) and it required by the Highways Act (1980) and other relevant legislation.

16.       Granting of planning permission does not grant the applicant access rights to the site via the PROW network.

17.       The hedgerow proposed along the northern boundary of the site, adjacent to FP32, shall be set back sufficiently from the footpath surface as to not cause any greater enclosure than the existing site boundary. It shall be managed and maintained in order to prevent obstruction or over-growth onto or over the footpath surface.

18.       All vehicles that would be accessing the site via a Public Right of Way and should give way to public users, which could include horse-riders and cyclists, at all times. In cases with this vehicular access a Construction Traffic (or Environmental) Management Plan (CTMP) should be submitted to and approved by the Planning Authority prior to commencement to ensure the protection of biodiversity and public safety.

19.       There must be no surface alterations to a Public Right of Way without the consent of Hampshire County Council as Highway Authority. Planning permission under the Town and County Planning Act (1990) does not provide this and separate consent is required. To carry out any such works without this permission would constitute an offence under Section 131 of the Highways Act (1980).

20.       No works to the surface of the Public Right of Way shall be carried out without prior approval of the Area Countryside Access Manager. Any damage caused to the surface of the Public Right of Way by construction traffic will be required to be restored to the satisfaction of the Area Countryside Access Manager on the completion of the build.

21.       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 [email protected]  to commence the process. Details can also be found on the Council's website.

22.       Shrub clearance should be undertaken outside of bird nesting season (March to August inclusive) if at all possible in order to avoid impact on nesting birds protected under the Wildlife and Countryside Act 1981. Should clearance be required during nesting season then the site should first be surveyed by a suitably qualified ecologist for signs of nesting and if any area found works should cease in that area until nesting has been completed and fledglings have left the nest.

             The applicant is advised that all works must be undertaken with regard to the Countryside and Wildlife Act 1981 and the responsibilities placed upon parties upon discovery of any protected species.

23.       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.

24.       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 with any subsequent Reserved Matters Approval.  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.  Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy.

25.       This Decision Notice must be read in conjunction with a Highways Agreement to be completed under the terms of Section 278 of the Highways Act 1980 (as amended).  You are advised to satisfy yourself that you have all the relevant documentation prior to the commencement of development.

26.       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.

27.       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 shall be submitted to and agreed in writing by the Local Planning Authority prior to the recommencement of development works.

2. Application - 19/02184/FUL: Erection of 2no, three-bedroom dwellings utilising existing vehicular access, associated parking, landscaping and pedestrian accesses, and creation of a replacement beer garden to the rear of the public house. Site: The Old House At Home, Station Road Overton RG25 3DU

The Committee considered the report set out on pages 180 to 227 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 0.4m difference in the floor levels of the proposed dwellings to the dwellings situated across the road was highlighted.  Some Members were content that the difference would not cause undue overlooking.

It was generally felt that the proposal would result in an overdevelopment of the site with small back gardens that did not meet the design and sustainability SPD specification.

Members discussed the loss of the existing beer garden versus the proposal of a new beer garden to the rear of the public house.  They decided that as the replacement would be significantly smaller and would be accessed via the external stairs and the location of the LPG tank it was deemed to be both unsuitable and unsafe and contrary to Basingstoke and Deane Local Plan Policy CN8.

It was considered that the proposed development would result in the harm to the viability to the public house and contrary to Basingstoke and Deane Local Plan Polices CN7 and CN8.

Some Members were concerned that the proposed dwellings would have a detrimental impact by overshadowing the dwellings in the conservation area.

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

Reasons for Refusal

1          The proposed development would be an overdevelopment of the site leading to a cramped appearance.  The amenity of the future occupiers of the dwellings will be impacted by the shallow split-level gardens which will also be dark due to the landscaping to the rear and their eastern orientation.  As such the development is not considered to deliver high quality development and is considered contrary to Policy EM10 of the Basingstoke and Deane Local Plan (2011 - 2029) and the Design and Sustainability Supplementary Planning Document (July 2018) and Policy LBE1 of the Overton Neighbourhood Plan (2016-2029).    

2          The replacement beer garden is not considered to be an acceptable replacement facility due to the limited size, cramped layout, significant change in levels and restricted space due to the LPG tank screening.  As such the proposal is considered to result in a detrimental impact on and result in the potential loss of a community facility (beer garden) which is contrary to the aims of Policy CN7 by being detrimental to the facility.  The replacement facility is not considered to be equivalent in terms of quality, quantity or accessibility, contrary to CN8 g).  In addition, the applicant has not demonstrated that the beer garden is no longer needed, or that it is not practical, desirable, or viable to retain it nor that the proposal will provide sufficient community benefit to outweigh the loss of the facility.  As such the proposal is considered contrary to the aims of Policy CN8 of the Basingstoke and Deane Local Plan (2011 - 2029) and Policy CS1 of the Overton Neighbourhood Plan (2016-2029).

3          Due to the limited distance between the front of the proposed dwellings and the front of the existing dwellings opposite, ground levels and orientation the proposed dwellings are considered to have a detrimental impact on the amenity of occupiers of the dwellings opposite due to over shadowing and overbearing.  As such the proposal is considered to be contrary to Policy EM10 of the Basingstoke and Deane Local Plan (2011 - 2029) and the Design and Sustainability Supplementary Planning Document (July 2018) and Policy LBE1 of the Overton Neighbourhood Plan (2016-2029).

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.

2.         Should the application be granted on appeal there will be a liability to pay Community Infrastructure Levy to the Council on commencement of development.  This charge would be levied in accordance with Basingstoke and Deane Borough Council's CIL Charging Schedule and Section 211 of the Planning Act 2008.

3.         Please note that all CiL related information, including completed CiL forms, should be sent to the following email address [email protected] .

3. Application – 20/03544/FUL: Full planning application for the erection of two dwellings with access, garaging, parking and landscaping and associated works.  Site: Land At OS Grid Ref 455998 146067 St Michaels Close North Waltham Hampshire

The Committee considered the report set out on pages 228 to 269 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting

RESOLVED that:  Subject to:

-     the completion of a Habitats Regulations Assessment/ Appropriate Assessment and no objection being raised by Natural England following consultation, and

-     the serving of notice upon the applicant for the inclusion of pre-commencement planning conditions in accordance with section 100ZA of the Town and Country Planning Act 1990 and the Town and Country Planning (Pre-commencement Conditions) Regulations 2018

the application be APPROVED subject to the reasons and conditions listed below.

Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons.

Reasons for Approval

1.             The application would result in the erection of two dwellings in a location that is not isolated within the countryside and the proposal is considered to represent a sustainable form of development. The proposal is therefore in accordance with the National Planning Policy Framework (2021) and Policy SD1 of the Basingstoke and Deane Local Plan 2011-2029.

2.             The proposed dwellings in this location, which have previously been approved in principle, 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 Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, the National Planning Policy Framework (2021) and the Design and Sustainability Supplementary Planning Document (2018).

3.             The proposed development would, due to its location, preserve the character and appearance of the North Waltham Conservation Area, and not cause harm to the setting of any listed building.  The proposals would therefore be in accordance with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029, the National Planning Policy Framework (2021) and the Heritage Supplementary Planning Document (2019).

4.             The development would not cause an adverse impact on highway safety, subject to the submission of visibility details and adequate parking would be provided to serve the development.  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).

5.             The development would have a likely significant effect in combination with other developments and river catchments that flow into The Solent, leading to a cumulative increase in eutrophication and a deterioration in water quality, which in turn impacts upon the conservation interests of the designated European Sites.  The likely significant effect is to be mitigated to achieve a nutrient neutral development ensuring that there would be no adverse effect on the integrity of the designated sites.  As such the proposal would accord with The Conservation of Habitats and Species Regulations 2017 (as amended), the National Planning Policy Framework (2021) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

subject to the following conditions and informatives:-

1           The development hereby permitted shall be carried out in accordance with the following approved plans:

             Site Location Plan (Drawing No. P1-01 Rev B)

             Proposed Site Plan (Drawing No. P1-04 Rev F)

             Proposed Floor Plans - H1 (Drawing No. P2-01-H1)

             Proposed Elevations - H1 (Drawing No. P3-01-H1)

             Proposed Floor Plans (Drawing No. P2-01 Rev B)

             Proposed Elevations (Drawing No. P3-01)

             Proposed Garage Plans and Elevations (Drawing No. P3-02 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           Notwithstanding the submitted plans, 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           Notwithstanding the plans submitted, no development shall commence on site above slab level until details of the materials to be used for hard surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the dwellings are first occupied and thereafter maintained.  The details shall demonstrate compliance with the requirements of condition 15 below.

             REASON:  Details are required because insufficient information has been submitted with the application in this regard, in the interests of visual amenity and surface water management in accordance with Policies EM7 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

5           No development shall commence on site above slab level 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 and/or planted. The approved screen walls/fences/hedges shall be erected and/or planted before the dwellings hereby approved are 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 in the absence of accompanying the application and in the interests of the amenities of the area and in the interests of the privacy of the occupiers of adjoining residential properties, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6           No development shall commence above slab level 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 buildings 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 Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

7           The development hereby approved shall be carried out in accordance with recommendations and procedures contained within Chapter 5 Impacts and mitigation of the Ecological Assessment by Pro Vision dated May 2020.

             REASON: In order to provide mitigation for key species including bats, nesting birds. dormice and hedgehogs and provide ecological enhancements in line with The Conservation of Habitats and Species Regulations 2017, The Wildlife and Countryside Act 1981 and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

8           No development shall commence on site above slab level until a Biodiversity Management Plan (BMP) has been submitted to and approved in writing by the Local Planning Authority that provides (as a minimum):

·         Details of the habitats/conservation features to be retained/created /enhanced;

·         The methodology to be used to create the habitat/features;

·         Details of the long-term management proposed for the establishment and maintenance of the habitat/nature conservation features;

·         Future Ecological Monitoring of the Habitat.

             The BMP shall be derived from the provided biodiversity metric and be representative of those measures depicted on the provided plan.   The works set out in the Biodiversity Management Plan shall thereafter be carried out in accordance with the approved details prior to the first occupation of the dwellings hereby approved and shall be retained thereafter.

             REASON: Details are required in the absence of accompanying the application to ensure protected species enhancements are implemented and how they will be delivered as part of the overall biodiversity enhancements in line with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

9           Tree protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural Impact Assessment written by SJ Stephens Associates, ref:1452, 29 April 2020 and shall be retained for the duration of 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 and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.

10        The areas shown on the approved plan for the parking and manoeuvring of vehicles for each plot shall be provided prior to occupation of each respective property 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.

11        No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public 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.

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

13        The development hereby approved shall be carried out in accordance with the Construction Statement conducted by Darren Evans dated 06 August 2020 detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day.

             REASON:  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.

14        No development shall take place on site until a measured survey of the site has been undertaken and a plan prepared to a scale of not less than 1:500 showing details of existing and intended final ground levels and finished floor levels in relation to a nearby datum point which shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed and thereafter maintained in accordance with the approved details.

             REASON:   Details are required in the absence of accompanying the application to protect the privacy of the occupiers of adjacent properties in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

15        The development hereby permitted shall be carried out in accordance with the details of the works for the disposal of surface water within the Drainage Technical Note written by Stuart Michael Associates ref:TN01 Issue 7 07/01/2021. The dwellings shall not be occupied until the approved drainage details have been fully implemented in accordance with the approved plans.

             REASON: To ensure the proposal is provided with a satisfactory means of drainage and in order to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.

16        Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no building, structure or other alteration permitted by Class A, AA, B, C, D, E and F 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 amenity of the area, to safeguard the amenities of the adjoining properties and surface water management, in accordance with Policy EM10 and EM7 of the Basingstoke and Deane Local Plan 2011-2029.

17        Prior to first occupation, a "lighting design strategy for biodiversity" for the development shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall:

             a) identify those areas/features on site that are particularly sensitive for bats and barn owls and that are likely to cause disturbance along routes used to access key areas of their territory, for example, for foraging; and

             b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats and/or barn owls using their territory.

             All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.

             REASON: Bats and barn owls are known to be using the site for roosting and feeding. These species are protected under the Wildlife and Countryside Act 1981 and are a material consideration under Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029. Any heavy light spillage could have the potential to disturb them and prevent them from using the area post-development.

18        Notwithstanding the details shown on the approved plans, the development hereby permitted shall not be occupied or the approved use commence, whichever is the sooner, until refuse and recycling storage (prior to disposal) plus a collection point not more than 15 metres carrying distance from a highway which is a carriageway, have been provided within the curtilage of the site for 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 maintained.

             REASON:  In the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance set out within appendix 3 of the Design and Sustainability Supplementary Planning Document (2018).

19        A minimum of one of the dwellings hereby approved shall be built to accessible and adaptable standards. No development shall commence above slab level until details of which properties are to be built to such standards are submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

             REASON:  Details are required in the absence of accompanying the planning submission, to ensure an appropriate co-ordinated high-quality form of development and to enable people to stay in their homes as their needs change in accordance with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and the Housing Supplementary Planning Document (2018).

20        No development shall commence on site above slab level until a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately-owned, domestic gardens, has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out and thereafter maintained in accordance with the details so approved.

             REASON:  Details are required because insufficient information has been submitted with the application in this regard, to ensure that due regard is paid to the continuing enhancement and maintenance of amenity afforded by landscape features of communal public, nature conservation or historical significance the area in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

21        No development shall take place until confirmation has been submitted to and approved in writing by the Local Planning Authority which demonstrates that a mitigation package has been secured that addresses all of the additional nutrient input arising from the development and ensures that the additional nutrient loading will not have an adverse effect on the integrity of internationally protected Habitat Sites, having regard to the conservation objectives for those sites.

             REASON: In the absence of accompanying the planning application, details are required to demonstrate that suitable mitigation has been secured to address the likely significant effects of nutrients generated from the development upon internationally protected sites in accordance with the Conservation of Habitats and Species Regulations 2017 and in accordance with the National Planning Policy Framework (2021) and Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029.

 22       Before development commences details of the proposed foul drainage system shall be submitted to and approved in writing by the Local Planning Authority.  The drainage system shall be constructed in accordance with the approved details prior to occupation of the dwellings. 

             REASON:   Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to prevent pollution of the water environment and to ensure that suitable mitigation has been secured to address the likely significant effects of nutrients generated from the development upon internationally protected sites in accordance with the Conservation of Habitats and Species Regulations 2017, the National Planning Policy Framework (2021) and Policies EM4 and EM12 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;

·       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 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.  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.  Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy.  Please note that all CiL related information, including completed CiL forms, should be sent to the following email address [email protected].

4.         The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning-application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency. The development hereby approved results.

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 [email protected] to commence the process. Details can also be found on the Council's website.

4. Application – 22/02442/ROC: Variation of condition 3 of BDB/50375 to allow for extension to opening hours.  Site: Unit 3 Quidhampton Business Units Quidhampton Overton

The Committee considered the report set out on pages 270 to 286 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 for an additional 1 hour and 15 minutes Monday to Fridays and an additional 4 hours on Saturdays.  Some Members believed the extension of hours would be significant whilst other Members disagreed as they felt the distances to the neighbours were quite substantive and it was highlighted that there had been no previous noise complaints.

In the absence of a traffic generation impact statement contained within the report, they considered the number of cars would be minimal Monday to Friday between the additional hours of 20:00 to 21:15 and only slightly more on Saturdays but overall, the result would not significantly impact highway safety.

Some members agreed that the proposal would support the rural economy

RESOLVED that:  the application be APPROVED for the following reasons and conditions

Reasons for Approval

1          The proposed development would support the rural economy by retaining a commercial use within a suitable permanent building in accordance with the National Planning Policy Framework (2021) and Policy EP4 of the Basingstoke and Deane Local Plan 2011-2029.

2          The proposed development would not require any further alteration to the external appearance of the building therefore resulting in no change to the impacts of the unit on the local landscape character or scenic quality of the area.  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 Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.

3          The proposed development would not result in any undue loss of privacy or cause undue overlooking, overshadowing, or overbearing impacts to existing neighbouring properties, nor generate any adverse noise impacts harmful to residential amenity and as such would comply with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.

4          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 the National Planning Policy Framework (2021), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).          

Conditions

1          The premises of Unit 3 shall not open before 0730 hours or remain open after 2115 hours on Mondays to Fridays and 0800 hours to 1700 hours on Saturdays nor open at any time on Sundays or any recognised public holiday.  For the avoidance of doubt Unit 3 for the purpose of this permission is the shaded part of the building identified on the submitted location plan produced on 31st August 2022.   

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

2          No article of any description shall be manufactured, assembled, altered, repaired or stored outside the building(s) hereby approved.

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

3          The flood lighting shall be operated and maintained in accordance with the details approved pursuant to Condition 5 of planning permission BDB/50375 on the 7th August 2002.       

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

4          The storage (prior to disposal) of refuse, crates and packing cases shall be retained and maintained in accordance with the details approved pursuant to Condition 6 of planning permission BDB/50375 on the 7th August 2002.          

            REASON:  In the interests of visual and neighbour amenity and highway safety in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

5          Notwithstanding the provisions 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 vehicular or pedestrian access other than that shown on the approved plans pursuant planning permission BDB/50375 shall be formed to the site.         

            REASON:  In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

6          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) fences or other means of enclosure at road junctions shall be set back behind the sight lines shown on the approved plans pursuant to planning permission BDB/50375 and these visibility splays shall thereafter be permanently kept free of obstacles. 

            REASON:  In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

7          The provision for the turning of vehicles and the parking of 25 vehicles made within the curtilage of the premises under the approved scheme BDB/50375 and the areas of land so provided shall not be used for any purpose other than the turning and parking of vehicles.           

            REASON:  In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

8          Any gates provided shall be set back a distance of 6 metres from the edge of the carriageway of the adjoining highway.    

            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;

             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.

5. Application – 22/02613/FUL: The erection of 1no. single storey dwelling. Site: Land At Inhurst Lane Baughurst Hampshire

The Committee considered the report set out on pages 287 to 309 of the and other matters discussed at the meeting.

The Committee discussed the proposed application which resulted in mixed views.

Some Members favoured the proposal for a single storey dwelling and believed that the 14 dwellings in the near proximity had already had a visual impact on the countryside.

Other Members had an opposing view and agreed with the Officer recommendation for refusal as the development would have adverse impacts on the landscape character and visual amenity and would result in the urbanisation of the rural character of the area.

Members referred to application number 20/01217/FUL for the Erection of 1 no. 3 bed dwelling and new access refused by the Committee on 11 December 2020.   The application was subsequently dismissed at appeal on the impact to the character of the area and impacts on biodiversity.  In relation to biodiversity, the Inspector did not find sufficient cogent evidence to satisfactorily justify the proposed incursion into the 20m woodland buffer required by the Landscape, Biodiversity and Trees SPD.

It was suggested that regarding the 20m woodland buffer the Committee should be consistent with their decisions and it was noted that the SPD at Box 6 stated ‘When designing housing schemes close to woodland, housing must face onto the areas of existing woodland’; this was to maintain the buffers from residential creep and the impact of domestic living.  Given the orientation of the site, front buffer zones to the woodland were not possible at this site. 

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

Reasons for Refusal

1          The development would result in the urbanisation of the rural character of the area as a result of the built form and associated domestic paraphernalia, as well as adversely affecting the landscape setting of the soft western edge of the settlement of Baughurst. The proposed development would also have adverse impacts on visual amenity, particularly to users of Inhurst Lane and the adjacent bridleway. 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 Sections 12 and 15 of the National Planning Policy Framework (2021) and Policy EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

2          The proposed development would provide a rear and side garden area that borders the Heath End Copse woodland and as such falls within 20m of the adjacent woodland. Insufficient information has been provided to demonstrate that there would be no adverse harm to biodiversity to deviate from the required 20m buffer. As such, the proposed development is contrary to Section 15 of the National Planning Policy Framework (2021), Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029, and Principle B6 and Box B6 the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

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 (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 – 22/02935/TDC: Technical details consent relating to the design, access, landscape, services and scale of the barn in accordance with Permission in Principal ref 20/00009/PIP for conversion of agricultural building to 1 no. dwelling. Site: Nunnery House Tunworth Road Mapledurwell Hampshire

The Committee considered the report set out on pages 310 to 338 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 existing access track which had limited width for vehicles to pass the barn and was located on the roots of trees.  Members were concerned with the lack of information on the trees to demonstrate whether damaged would be caused by the construction traffic and vehicle use thereafter.

Concern was expressed to the location of the windows on the south side of the barn which would cause a negative impact in terms of the illumination which would make the building more domestic in its appearance beyond its existing rural character and would result in a detrimental impact to the conservation area.

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

Reasons for Refusal

1          The proposed access drive to the east of the building may have a detrimental impact on trees in a conservation area.  Insufficient information has been provided that demonstrates what trees will be impacted, what the scale of the impact would be and whether the impact would be from the construction of the drive, from its ongoing use or both.  As such the impact on the trees in the conservation area cannot be evaluated and as such the application is considered to be contrary to Policies EM1 and EM11 of the Basingstoke and Deane Local Plan (2011 - 2029) and the Heritage Sustainability Supplementary Planning Document (March 2019).

2          The proposed development is considered to have a detrimental impact on nearby neighbours as a result of the change in levels (the site being on higher ground than the dwellings on Tunworth Road) and the light pollution caused by the vehicles using the track and the area to the south of the building for parking and manoeuvring and the introduction of openings on the south elevation of the building.  As such the development is not considered to deliver high quality development and is considered contrary to Policy EM10 of the Basingstoke and Deane Local Plan (2011 - 2029) and the Design and Sustainability Supplementary Planning Document (July 2018).

3          The proposed development is considered to neither preserve or enhance the character and appearance of the conservation area due to the detrimental impact of the site being on higher ground than Tunworth Road and the elevated light pollution caused by the vehicles using the track and the area to the south of the building for parking and manoeuvring and the introduction of openings on the south elevation of the building.  As such the development is considered to be contrary to Policy EM11 of the Basingstoke and Deane Local Plan (2011 - 2029) and the Heritage Sustainability 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:-

·                    proactively offering a pre-application advice;

·                    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.

2.         Should the application be granted on appeal there will be a liability to pay Community Infrastructure Levy to the Council on commencement of development.  This charge would be levied in accordance with Basingstoke and Deane Borough Council's CIL Charging Schedule and Section 211 of the Planning Act 2008.

 3.        Please note that all CiL related information, including completed CiL forms, should be sent to the following email address [email protected].

The Planning and Development Manager introduced the report and advised that the purpose of the report was for Members to consider the removal of a Section 52 legal Agreement attached to the planning permission granted under reference BDB/19569 on land between High Meadows and Frankham Builders Yard, Green Lane, Ellisfield. Outline planning permission was granted on the 22 January 1986 for the ‘Erection of one dwelling and a garage on 0.08ha’.  

The planning permission was subject to a Section 52 Agreement which restricted the occupation of the building to only staff employed at the Builders Yard and prevented the sub-division of the site.  An application had subsequently been received to remove the Section 52 Agreement on the basis that the legal Agreement no longer serves a useful purpose.

Resolved:  To remove the SECTION 52 legal Agreement in its entirety which restricts the occupancy of the property to persons employed at the Builders Yard and prevents the sub-division of the plot.

The Planning and Development Manager introduced the report and advised that the Appendix A and B of the report was a summary analysis of the appeal decisions received from the 01/11/2022 to 31/01/2023.  This 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.

The Chair informed Members that the appeals could be reviewed in two categories.  He advised that 90% of the appeals that were delegated to Officers for determination were dismissed by the Inspector and 90% of decisions that the Committee had determined but overturned the Officers recommendation for approval were allowed by the Inspector.

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