Basingstoke & Dean Borough Council Development Control Committee Meeting

Councillor Falconer sent his apologies.

Councillor Court send his apologies.

Councillor Rhatigan advised that the agent for application number 23/02338/HSE used to be a client and therefore he stood down from the committee for that item.

The Planning and Development Manager advised that there had been a change to the National Planning Policy Framework (NPPF) on the 19^th December and the update paper provided a brief high level summary of some of those key points that had changed.

The changes included: re-emphasis on the importance of Local Plan preparation; implications for housing land supply requirements once a Regulation 18 Local Plan has been published; opportunities for “community-led development”; re-emphasis on the need for development to demonstrate beauty.  None of the changes fundamentally alter the assessments made within the agenda reports.

Any reference to the NPPF in planning conditions or reasons for refusal would therefore be updated to refer to the December 2023 NPPF prior to the decisions being issued.

In terms of the housing land supply position the update paper concluded that under new Paragraph 226 of the NPPF, once a local planning authority reached the stage of Regulation 18 local plan publication, effectively the 5 year housing land supply requirement would reduce to a 4 year.  

On 9 January 2024 the Cabinet decided to progress to Regulation 18 consultation on the Local Plan Update.  Until publication of the Regulation 18 Local Plan the current position of needing to demonstrate a 5 year supply of housing still applied.

The Chair confirmed that the minutes of the meetings held on the 22^nd November 2023 and the 6^th December 2023 were confirmed by the Committee as a correct record.

The following Public Participation took place:

1. Application - 22/00040/TDC:  Application for Technical Details Consent for the erection of 2 no. detached dwellings with associated parking, turning, landscaping, private amenity space and access; in accordance with Permission in Principle 20/01418/PIP.  Site: Land At Griffons Court Mount Close Highclere Hampshire.

The Committee considered the report set out on pages 79 to 102 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and considered the consultation responses and public objections which they believed had largely been overridden by the granting of the Permission in Principle or were immaterial for other reasons such as a boundary dispute which was not a planning consideration.

RESOLVED that:  the application be APPROVED subject to the applicant entering into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policy EM4 of the Basingstoke and Deane Borough Local Plan 1996-2011) between the applicant and the Borough to secure:

·       Woodland planting and future management as part of habitat enhancement (Biodiversity Net Gain)

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

On completion of the legal agreement(s) the Planning and Development Manager be delegated to grant planning permission subject to the conditions listed below.

Reasons for Approval

1        The principle of one dwelling in this location has been established through the granting of Permission in Principle (20/01418/PIP).  The proposed development, the details of which are submitted through this application for Technical Details Consent, would relate well to the surrounding development and would not result in significant impacts on the local landscape character or scenic quality of the area. As such, the proposal complies with the National Planning Policy Framework (2023), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Design and Sustainability Supplementary Planning Document (July 2018).

2        The proposed development would be of an appropriate design and relate to surrounding residential developments in a sympathetic manner and as such complies with the National Planning Policy Framework (2023); Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Appendix 13 of the Design and Sustainability Supplementary Planning Document.

3        The development would not cause an adverse impact on highway safety and adequate parking would be provided to serve the proposed development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4        The proposed development would not result in an undue loss of privacy or cause undue overlooking, overshadowing, overbearing or noise and disturbance impacts to neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

5        The proposal would overall, respect the environment for trees of high amenity value and as such would comply with Policy EM4 on the Basingstoke and Deane Local Plan 2011-2029 and guidance within the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

6        The proposal would conserve the biodiversity value and nature conservation interests of the site and as such the proposal would comply with the National Planning Policy Framework (2023) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

subject to the following conditions and informatives:-

Conditions

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

          Location Plan: 200229-01 

          Site Plan: 200229-02        

          Plot 1, Plans & Elevations: 200229-03   

          Plot 1, garage: 200229-05 

          Plot 2, Plans & Elevations: 200229-04   

          Arboricultural Plan: ARB-1252-02

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

2        The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.       

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

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

          REASON:  Details are required prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4        No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or operation of machinery 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 and not 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.

5        No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays and not on Sundays or recognised public holidays.      

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

6        Development should be carried out in line with recommendations and procedures contained within Chapter 3 (Results) of the BNG Preliminary Design Stage Report dated September 2023 by All Ecology and in conjunction with Chapter 4 (Development Constraints and Recommendations) of the Ecology Report, also carried out by All Ecology dated November 2023.  

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

7        Prior to the commencement of development, a Biodiversity Enhancement & Management Plan (BEMP) shall be submitted to and approved in writing by the Local Planning Authority. The BEMP will include the recommendations set out in section 4 of  the Ecology appraisal, All Ecology dated November 2023 and the following:      

          a) Description and evaluation of features to be managed and enhanced          

          b) Extent and location/area of proposed enhancement works on appropriate scale maps and plans to include species/faunal enhancement measures   

          c) Ecological trends and constraints on site that might influence management          

          d) Aims and Objectives of management

          e) Appropriate management Actions for achieving Aims and Objectives          

          f) An annual work programme (to cover an initial 5-year period)      

          g) Details of the specialist ecological management body or organisation responsible for responsible for implementation of the Plan    

          h) For each of the first 5 years of the Plan, a progress report sent to the LPA reporting on progress of the annual work programme and confirmation of required Actions for the next 12-month period         

          i) The Plan will be reviewed and updated every 5 years and implemented for perpetuity The Plan shall include details of the legal and funding mechanisms by which the long-term implementation of the Plan will be secured by the developer with the specialist ecological management body or organisation responsible for its delivery.        

          The Plan shall also set out (where the results from the monitoring show that the Aims and Objectives of the BEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the Objectives of the originally approved Plan. The approved Plan will be implemented in accordance with the approved details.   

          REASON: In order to provide long term net gains for biodiversity in line with the Environment Act 2021, Section 15 of the National Planning Policy Framework (2023) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

8        The development hereby approved shall be implemented in accordance with the submitted  Arboricultural Report, including tree protection measures which shall be erected prior to any site activity commencing and maintained until the area is to be landscaped. No development or other operations shall take place other than in complete accordance with the Tree Protection Plan.                       

          REASON: to ensure that reasonable measure 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 (2023) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

9        The development shall not be brought into use until all areas indicated to be used for vehicles and pedestrians on the approved plan have been laid out with a drained surface. Provision shall be made to direct run-off water from the surface to a permeable or porous area or surface within the curtilage of the development. Such areas shall be retained as such for the lifetime of the development.

          REASON: To ensure adequate provision for surface water drainage and in the interests of highway safety and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

10      No development shall commence until details of a refuse collection point has been submitted to and approved in writing by the Local Planning Authority.  The dwelling shall be provided with a collection point for refuse not more than 25 metres carrying distance from a highway which is a carriageway.  The approved details shall be implemented before the first occupation of resultant dwelling hereby approved and shall be thereafter maintained.

          REASON:  Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to ensure convenience of arrangements for refuse collection in the interests of highway safety, in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

11      The development hereby approved shall be carried out in accordance with the submitted Landscape Implementation and Maintenance Plan by WH Landscape dated July 2023. The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced.  In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before development commences.  Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority.

          REASON: Details are required to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

12      The dwelling hereby approved shall not be occupied until a Construction Statement detailing how the new home shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details.         

          REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.

13      The development hereby permitted shall not be occupied until the property has provision within its curtilage for secure cycle parking facilities for 2 long and 1 short stay places, The cycle storage shall thereafter be retained and maintained in perpetuity.   

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

14      Before development commences details of the proposed foul and surface water 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 any other building work commences and shall be thereafter maintained.        

          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 in accordance with Policies EM6, EM7 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

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

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

16      The proposed side elevation windows at first floor level on the north and south elevations of both the proposed 'Plot 1' and 'Plot 2'; shall be glazed with obscured glass, to at least the equivalent of Pilkington level 4 standard.  The window and glazing shall be installed prior to occupation of the development and shall be permanently maintained in that condition.        

          REASON:   To protect the privacy of the adjacent properties and to prevent overlooking, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

17      No dwelling hereby permitted shall be occupied until provision for the turning of vehicles and the parking of 4 vehicles per dwelling has been made within the curtilage of that property 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.

Informative(s):-

1.        1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

           1.2  This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs.  This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

           1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/submit-a-planning-application . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2.        In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

           seeking further information following receipt of the application; *

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

           In this instance:

           the applicant was updated of any issues after the initial site visit.

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

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/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.

4.        The development hereby approved results in the requirement to make payments to the Council as part of the Community Infrastructure Levy (CiL) procedure.  A Liability Notice setting out further details and including the amount of CiL payable will be sent out separately from this Decision Notice following the receipt of CIL Form 2 (Assumption of Liability) (https://ecab.planningportal.co.uk/uploads/1app/forms/form_2_assumption_of_liability.pdf). You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the Council prior to the commencement of development.  Failure to submit the Commencement Notice prior to the commencement of development will result in the loss of any exemptions claimed; the loss of any right to pay by instalments; and additional costs to you in the form of surcharges.  You are advised to await acknowledgement of receipt of the Commencement Notice from the Charging Authority before commencing any works.  Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy .

5.        If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 845557 and email GMSTeam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.

6.        The applicant is reminded that there are trees within the development site protected by provisional Tree Preservation Order ARB-1252-02 and the consent of the Local Planning Authority is required for any works apart from those required to facilitate the development hereby permitted.

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

2. Application - 22/02233/HSE:  Erection of home workshop/office/playroom and new access arrangement . New entrance gates.  Site: 27 Southlea Cliddesden Hampshire RG25 2JN

The Committee considered the report set out on pages 103 to 118 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and were supportive of the Officer recommendation.

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

Reasons for Approval

1        The proposed development would be of an acceptable design and would not adversely impact on the streetscene or the character and appearance of the surrounding area. As such, the proposal would comply with the National Planning Policy Framework (September 2023), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Principles E2, E4 and E5 of the Design and Sustainability Supplementary Planning Document (2018).

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

3        Having regard to the duties of Section 72 of The Planning (Listed Buildings and Conservation Areas) Act 1990, the proposed development by virtue of its siting, height, size, scale and design would preserve the character and visual amenity of the Cliddesden Conservation Area. As such, the proposal would comply with the National Planning Policy Framework (September 2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Heritage Sustainability Supplementary Planning Document (2019).

4        The proposal is considered to be acceptable with regard to parking by virtue of sufficient parking spaces remaining to the front of the dwelling to continue to meet the needs of the dwelling.  As such, the proposal would comply with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).

subject to the following conditions and informatives:-

Conditions

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

          Proposed Block Plan and Site Location Plan Drawing No.: 2109-2-PL01(1b) Rev.: B Revision Date: 7th December 2023 - Date Received: 11th December 2023        

          Proposed Site Plan and Gate Elevation Drawing No.: 2109-2-PL04(1b) Rev.: C Revision Date: 21st November 2023 - Date Received: 11th December 2023     

          Proposed Plans and Elevations Drawing No.: 2109-2-PL02(1b) Dated: February 2023 - Date Received: 9th March 2023       

          Proposed Front Elevation and Site Photographs (Visualisation) Drawing No.: 2109-2-PL05(1b) Dated: February 2023 - Date Received: 9th March 2023      

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

2        The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.       

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3        No development above slab level shall commence on site until a schedule of materials and finishes to be used for the external walls and roof of the proposed building and gate, including details of the timber stain or finish to be used on the proposed building and gates, has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out and thereafter maintained in accordance with the details so approved.         

          REASON:  Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4        The accommodation hereby permitted shall be occupied solely for purposes incidental to the occupation and enjoyment of 27 Southlea  and shall not be sold off, sub-let or used as a separate unit of accommodation and shall not be used for any business, commercial or industrial purposes whatsoever.

          REASON:  The unit of accommodation is not in a satisfactory position and has insufficient private amenity space to be occupied separately from the main dwelling and in the interests of the visual amenities of the area in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

5        The ecological enhancements shall be created within the development in complete accordance with the details stated within the Environmental Report received on 3rd April 2023 prior to the occupation or first use of the outbuilding hereby approved.   

          REASON:  In order to enhance the site for breeding birds and roosting bats and achieve net gain for biodiversity in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

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

          REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (July 2018).

7        Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Environmental Report received on 3rd April 2023, as submitted by Simon Rollinson. Tree protection fencing and ground protection shall be erected prior to any site activity starting and maintained throughout the development. The development shall be carried out in complete accordance with the details within the Environmental Report.      

          REASON:  To ensure that the trees to be retained are in a safe and healthy condition to the benefit of the local amenities and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

1.       1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

           1.2  This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs.  This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

           1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/submit-a-planning-application . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2.        In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

           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 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/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.

3. Application - 23/00567/FUL:  Change of use of the existing barn and site to equestrian purposes and the replacement of a field gate onto Dummer Down Lane.   Site:  Land To The East Of Dummer Down Lane Dummer Down Lane Dummer Hampshire

The application was withdrawn prior to the meeting.

4. Application - 23/02338/HSE:  Erection of a single storey front and side extension and extension to existing basement.  Site: Oldwell House Up Street Dummer Hampshire

The Committee considered the report set out on pages 142 to 154 of the agenda and other matters discussed at the meeting.

The Committee discussed the proposed application and were content that as the ridge height remained the same, the views to the rear trees would still be visible.

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

Reasons for Approval

1.       The proposed development would be of an acceptable design and would not adversely impact on the streetscene or the character and appearance of the surrounding area. As such, the proposal would comply with the National Planning Policy Framework (September 2023), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Principles E2, E4 and E5 of the Design and Sustainability Supplementary Planning Document (2018).

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

3.       Having regard to the duties of Section 72 of The Planning (Listed Buildings and Conservation Areas) Act 1990, the proposed development by virtue of its siting, height, size, scale and design would preserve the character and visual amenity of the Dummer Conservation Area. As such, the proposal would comply with the National Planning Policy Framework (September 2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Heritage Sustainability Supplementary Planning Document (2019).

4.       The proposal is considered to be acceptable with regard to parking by virtue of sufficient parking spaces remaining to the front of the dwelling to continue to meet the needs of the dwelling.  As such, the proposal would comply with Policies EM10 and CN9 of the        Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).

subject to the following conditions and informatives:-

Conditions

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

          Block and Location Plan, Drawing No: 23-024-01 Rev B       

          Proposed Plans and Elevations, drawing No: 23-024-03 Rev B       

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

2        The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.       

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

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

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

Informative(s):-

1.        1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

           1.2  This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs.  This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

           1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/submit-a-planning-application . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2.        In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

           Considering the imposition of conditions

           In this instance:

           The application was acceptable as submitted and no further assistance was required.

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

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

5. Application - 23/02520/PIP:  Permission in principle for a single residential dwelling.  Site:  Land At OS Ref 451959 162296 Harrow Drive Headley Hampshire

The Committee considered the report set out on pages 155 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 and referred to the previous planning history, in particular Permission in Principle 23/00329/PIP for a single residential dwelling which was refused by the Local Planning Authority and was currently at appeal where the final decision should be issued shortly.   It was recognised that it was a material consideration in determining the application, as the refused Permission in Principle (23/00329/PIP) was for the exact same proposal on the same site.

It was believed that a single dwelling would not contribute significantly to the housing land supply.

A discussion took place as to size of the site and the capacity for a larger development which resulted in mixed views.

Some Members believed that the proposal would not be detrimental to the visual amenity and scenic quality of the countryside.

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

Reasons for Refusal

1        The proposed development would introduce an inappropriate contrived form of residential development into a countryside location, which would not be sympathetic to, and would fail to respect and integrate with the character, visual amenity and scenic quality of existing development and the local landscape. As such the development is considered to be detrimental to the character of the area contrary to Sections 12 and 15 of the National Planning Policy Framework (2023), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies L1, HD1 and HD3 of the Ashford Hill with Headley Neighbourhood Plan (2022-2029).

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:-

           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 at appeal a Liability Notice setting out further details and including the amount of CIL payable will be sent out separately with any subsequent Technical Details Consent. 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.

The Tree Officer introduced the report which was to carry out routine maintenance to a line of protected trees (TPO/BDB/0076) growing alongside a block of industrial units.

The proposed, predominantly the shortening of lateral branches of a small number of trees within close proximity to the industrial units to obtain a 2m clearance.

It was confirmed that the proposed works were minor and no trees would be felled.

The Committee discussed the report and were satisfied that the proposed works were reasonable whilst protecting the structure of the trees.  

Paragraph 5 of the report was welcomed as the objections had been summarised and responded to by the Officer.

RESOLVED:  The application be APPROVED subject to the conditions listed below and for the following reasons.

Reasons for Approval

subject to the following conditions and informatives:-

Conditions

1                The work shall be carried out in accordance with the British Standard 3998:2010 Tree Work - Recommendations, employing target pruning technique. Climbing irons shall only be used on trees to be removed.         

          REASON:  To ensure the work carried out is to the long term well-being of the tree(s).

2                 The permitted work shall be completed within two years from the date of consent unless an extension is applied for and granted in writing by the Local Planning Authority.      

          REASON:  To ensure the work is completed within a reasonable time scale.

 3         Pruning of mixed tree belt behind Units L1, L2, L3, F1, F2, D, B to maintain a 2m clearance between trees and industrial buildings.     

          REASON: To help ensure the long term health of the trees

Informative(s):-

1.        Your application will determine whether the proposed tree works are acceptable in planning terms.  Please be aware that this will not automatically override your responsibilities under other legislation and in particular your attention is drawn to the Wildlife and Countryside Act 1981 as amended, the Countryside and Rights of Way Act 2000 and the Conservation of Habitats and Species Regulations 2017.  This legislation protects ALL wild birds, their nests (whether in use or being built) and eggs and other wild animals including bats and their roosts in or adjacent to trees.  In simple terms, you should make sure that there are no wild birds nesting in or bats roosting in or adjacent to the tree(s) that you are proposing to work on.  It is a criminal offence to harm or destroy any bird, its nest or its eggs or any bat or its roost (even if the roost is not occupied at the time).

2.       This decision notice, along with any observations that have been made on the application file, does not constitute a tree safety inspection. Neither does this decision indemnify the tree owner against any future damage caused by the tree(s). Where a site visit has been made, the tree has been assessed only as far as is necessary to determine the suitability of the proposed work. In the absence of any supporting technical evidence, submitted from an appropriate expert, which relates to the trees condition, the decision is based on the assumption that the tree is in good health and structural integrity. If you have concerns about the condition of the tree, you are advised to contact the Arboricultural Association at www.trees.org.uk for independent advice (a fee may be applicable).

The Assistant Planning Manager introduced the report which purpose was for Members to consider the removal of three section 52 agreements attached to planning permissions granted under reference BDB/16085, BDB/18527 and BDB/19427. Those permissions related to development at Catts Farm, Newbury Road, Headley, Hampshire. 

Planning permission was granted for the erection of equestrian and exhibition centre incorporating spectator shows demonstrations recreation facilities refreshments and restaurant; resiting of farm shop and provision of car lorry horse box parking and stabling under application BDB/16085. In addition, two further applications on the site were approved, including the erection of a waiting warm up & collecting area building on 0.17ha (under application reference BDB/18527) and the provision of exercise area for all weather use (under application reference BDB/19427).

RESOLVED: to agree the discharge the Section 52 agreements through a deed of discharge to also include prevention of further implementation of the planning permissions (BDB/16085, BDB/18527 and BDB/19427) on the land.