Basingstoke & Dean Borough Council Development Control Committee Meeting

Councillor Harvey sent his apologies

Councillor Godesen sent his apologies

 

There were no declarations of interest.

There were no urgent matters.

The Chair confirmed that the minutes of the meetings held on the 29^th March 2023 and the 12^th April 2023 were confirmed by the Committee as a correct record.

 

The following Public Participation took place:

 

Interest	Name	Item no./Topic
Parish Councillor	Mr Jones	Item 1 – 21/01197/FUL
Objector	Ms Gill	Item 1 – 21/01197/FUL
Objector	Mr Jones	Item 1 – 21/01197/FUL
Councillor	Taylor	Item 1 – 21/01197/FUL
Support	Mr Lasseter	Item 3 – 20/00962/ROC
Parish Councillor	Mr Bell	Item 5 – 23/00032/FUL
Support	Ms Jubb	Item 5 – 23/00032/FUL
Support	Mr Olayiwola	Item 6 – 22/02076/HSE
Objector	Mr Cottrell	Item 7 – 22/02564/FUL
Councillor	Sllimin	Item 7 – 22/02564/FUL
Parish Councillor	Mr Flooks	Item 9 – 22/03032/ROC

 

 

 

1. Application -21/01197/FUL: Construction of 2 no. gypsy and traveller pitches, both independently serviced with an amenity building, large trailer and touring caravan with parking and landscaping and engineering associated works (in connection with outline permission 15/04503/OUT).Site: Land At Hounsome Fields Junction Of Winchester Road And Trenchard Lane Trenchard Lane Dummer Hampshire

 

The Committee considered the report set out on pages 91 to 134 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 the main concern raised was the location of the pitches which they believed would be isolated and not successfully integrate the travellers and settled communities and contrary to Basingstoke and Deane Local Plan Policy CN5.

 

It was acknowledged that there was a need for gypsy and traveller pitches in the Borough and that the Council had under delivered the required provision within the Local Plan. 

 

Some Members considered that it was a small site and could not envisage any difficulties and therefore were supportive of the proposal.

 

Other Members disagreed and although they believed that there should be a provision of traveller pitches within the development, the current proposal was not suitable due to its enclosed nature relevant to the wider development.

 

Some Members were disappointed that the traveller community had not been consulted on the application to obtain their views on the internal design of the site and the location.

 

 

 

 

 

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

 

Reasons for Refusal

 

1          The proposed development would not successfully integrate the travelled community with the settled community.   The proposal turns its back upon the emerging new community development, and provides no links to it to allow any integration or connectivity, including to access services, without primary reliance upon the private motor car.  Furthermore, the proposal is entirely enclosed with high fencing and creates a sense of screening and segregation to the settled community and emerging community.  As such, the proposed development would not deliver acceptable gypsy and traveller provision and is contrary to Policies SD1, CN5 (d and g) of the Basingstoke and Deane Local Plan 2011-2029., the National Planning Policy Framework (July 2021) and the National Planning Policy for Traveller Sites (2015).

 

2          A legal agreement is necessary to secure the obligations set out within the section 106 of application 15/04503/OUT in respect of gypsy and traveller pitches.  Without completion of the legal agreement, the proposal is contrary to Policies CN5, CN6, and does not deliver traveller pitches as anticipated and required by Policy SS3.12 (b) of the Basingstoke and Deane Local Plan 2011-2029 and planning permission 15/04503/OUT.

 

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. Application - 19/02536/FUL: Erection of 3 no. detached dwellings including associated parking, turning, landscaping, private amenity space and access arrangements. Site: Land At Breach Farm House Egbury Road St Mary Bourne Hampshire

 

The Committee considered the report set out on pages 135 to 174 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

 

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

 

Reasons for Approval

 

1.         In the absence of an up-to-date development plan, the proposed development would deliver housing which would contribute towards mitigating against the overall shortfall of supply as well as providing economic, social and environmental benefits.  In the planning balance, and applying a presumption in favour of sustainable development, it is not considered that the impact of the development would significantly and demonstrably outweigh the benefits when the policies of the National Planning Policy Framework (July 2021) as a material planning consideration are taken as a whole. The proposal is considered to represent a sustainable form of development. The proposal is therefore in accordance with the National Planning Policy Framework (July 2021) and Policy SD1 of the Basingstoke and Deane Local Plan 2011-2029.

 

2.         The proposed development would be of an appropriate design and siting, would relate to surrounding development and would not result in significant impacts on the local landscape character, scenic quality of the area or wider North Wessex Downs Area of Outstanding Beauty. As such the proposal complies with Section 15 of the National Planning Policy Framework (July 2021), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policies P5 and P7 of the St Mary Bourne Neighbourhood Plan 2016-2029 and the Design and Sustainability Supplementary Planning Document (2018).

 

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

 

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

 

5.         The proposed development would not cause any adverse impacts to biodiversity and would provide for biodiversity net gains, as such the proposal is considered to be in accordance with the National Planning Policy Framework (July 2021), Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029, Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).

 

6.         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, Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

 

7.         The development would have a likely significant effect in combination with other developments and river catchments that flow into The Solent, leading to a cumulative increase in eutrophication and a deterioration in water quality, which in turn impacts upon the conservation interests of the designated European Sites.  The likely significant effect is to be mitigated to achieve a 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, 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:-

 

Conditions

 

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

                       

            Site Location Plan - drawing no 190639-01 received February 2023

            Block Plan - drawing no 190639-106 dated January 2023.     

            Site Plan - drawing no 190639-100 dated January 2023.        

            Plot 1 - Design Scheme - drawing no 190639-101       

            Plot 2 - Design Scheme - drawing no 190639-102       

            Plot 3 - Design Scheme - drawing no 190639-103 Revision A           

                       

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

 

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

 

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

 

3          No development or other operations (including site preparation and any groundworks) shall commence on site 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 1800 Hours on Mondays to Fridays and 0800 and 1300 Hours on Saturdays and; at no time on Sundays and Bank or Public 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.  

                       

            The development shall be carried out in accordance with the approved Construction Environmental Management Plan. 

           

            REASON:  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 and in the interests of residential amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029. Details are required in the absence of accompanying the planning application. 

 

4          No development or other operations (including site preparation and any groundworks) shall commence on site until a Construction Method Statement that demonstrates safe and coordinated systems of work affecting or likely to affect the public highway and or all motorised and or non-motorised highway users, has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period.         

            The Statement shall include for:  

                       

            i.          means of direct access (temporary or permanent) to the site from the adjoining maintainable public highway;       

            ii.         the parking and turning of vehicles of site operatives and visitors off carriageway (all to be established within one week of the commencement of construction works (including ground works) pursuant to the development hereby approved);        

            iii.        loading and unloading of plant and materials away from the maintainable public highway;       

            iv.        storage of plant and materials used in constructing the development away from the maintainable public highway;       

            v.         wheel washing facilities or an explanation why they are not necessary;      

            vi.        the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

            vii.       measures to control the emission of dust and dirt during construction;        

            viii.      a scheme for recycling and disposing of waste resulting from construction work; and the management and coordination of deliveries of plant and materials and the disposing of waste resulting from construction activities so as to avoid undue interference with the operation of the public highway, particularly during the Monday to Friday AM peak (06.30 to 09.30) and PM peak (16.00 to 18.30) periods.  

            ix.        the routes to be used by construction traffic to access and egress the site so as to avoid undue interference with the safety and operation of the public highway and adjacent roads, including construction traffic holding areas both on and off the site as necessary.

                       

            REASON:  In the absence of details being provided to accompany the planning application, details are required to ensure that the construction process is undertaken in a safe and convenient manner that limits impact on local roads and the amenities of nearby occupiers, the area generally and in the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

 

5          No development or other operations (including site preparation and any groundworks) shall commence on site until tree protection has been installed in accordance with the Arboricultural Impact Assessment prepared by SJ Stephens Associates, reference 1383 and dated 12th September 2019.  The approved tree protection shall be retained and maintained in accordance with the approved details until completion of the development. No development or other operations (including ground protection, supervision, working procedures and special engineering solutions) shall take place other than in complete accordance with the Arboricultural Impact Assessment.

           

            REASON:   In the interests of local amenity and the enhancement of the development itself and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

6          No development or other operations (including site preparation and any groundworks) shall take place on site until 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:   To ensure that appropriate regard is had to trees and the character and appearance of the area from the proposed levels and level changes between Plots 1 and 2 in accordance Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies P5 and P7 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

7          No development or other operations (including site preparation and any groundworks) shall commence on site until a plan showing the location of all existing and proposed utility services in relation to the arboricultural constraints on the site has been submitted to and approved in writing by the Local Planning Authority. This shall include gas, electricity, communications, water and drainage. No development or other operations shall take place other than in complete accordance with the Utility Plan.         

 

            REASON:  Details are required prior to commencement of the development 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 (2021) and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

8          The site clearance and preparation shall be carried out in accordance with the precautionary approach detailed within the 'Preliminary Ecological Appraisal (PEA) and Preliminary Roost Appraisal (PRA) Report' (version 1.0) by ABR Ecology Ltd dated 9th September 2019.  Should evidence of protected species be found on site then all works on the site shall immediately stop and a Wildlife Protection and Mitigation Plan detailing measure to ensure that no harm arises to dormice shall be submitted to and approved in writing by the Local Planning Authority prior to works recommencing.  The development shall be carried out in accordance with the Wildlife Protection and Mitigation Plan. 

 

            REASON:  To minimise the impacts upon protected species in accordance with the National Planning Policy Framework (2021), Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029 having regard also to the Conservation of Habitats and Species Regulations 2017 (Amended) and The Wildlife and Countryside Act 1981.

 

9          No development above ground floor slab level shall take place until a Biodiversity Management Plan has been submitted to and approved in writing by the Local Planning Authority setting out:           

                       

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

            the methodology to be used to create the habitat/features; and        

            details of the long-term management proposed for the establishment and maintenance of the habitat/nature conservation feature.        

                       

            The Biodiversity Management Plan shall be informed by the biodiversity metric detailed within the 'Biodiversity Impact Assessment' (Version 1.1) by All Ecology dated November 2019 as well as the recommendations and procedures contained within Chapter 5 "Conclusions, of the Preliminary Ecological Appraisal (PEA) and Preliminary Bat Roost Appraisal Report by ABR Ecology Ltd dated 9th September 2019 and shall also consider the use of Swift Bricks.  The development shall be carried out and thereafter retained and managed in accordance with the approved Biodiversity Management Plan to achieve a minimum of 13.79% habitat gain and a 54.76% hedgerow gain.       

 

            REASON:   In order to evidence that habitats can be delivered in perpetuity in line with the National Planning Policy Framework and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

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

                       

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

                       

            and, unless otherwise agreed in writing by the Local Planning Authority,    

                       

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

                       

            and, unless otherwise agreed in writing by the Local Planning Authority,    

                       

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

                       

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

                       

            The development shall be carried out in accordance with any approved remedial works and measures.  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 'Land Contamination Risk Management (LCRM). (https://www.gov.uk/government/publications/land-contamination-risk-management)The development shall be carried out in accordance with the approved remedial works. 

           

            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. 

           

11        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 10(b) that any remediation scheme required and approved under the provisions of condition 10(b) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise:     

                       

            -           as built drawings of the implemented scheme;  

            -           photographs of the remediation works in progress;      

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

                       

            Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 10(b).  

 

            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.

 

12        No development above ground floor slab level shall take place on site until a scheme for protecting the proposed dwellings from noise from operations at Breach Farm Garage has been submitted to, and approved in writing by the Local Planning Authority. Any proposed mitigation scheme shall have regard to the Basingstoke & Deane 'Noise assessments and reports for planning applications - Guidance note for developers and consultants'. Mitigation proposals will consider and utilise where possible, reduction in noise exposure achieved by effective site layout, building orientation, the use of physical barriers, utilising open space as a buffer, internal room configurations and any other available mitigation strategies.          

                       

            The following noise levels shall be achieved with mitigation in place.           

            a)         Internal day time (0700 - 2300) noise levels shall not exceed 35dB LAeq, 16hr for habitable rooms (bedrooms and living rooms with windows open*)  

            b)         Internal night time (2300 - 0700) noise levels shall not exceed 30dB LAeq with individual noise events not exceeding 45dB LAfMax (windows open*).       

            c)         Garden areas shall not exceed 55dB LAeq, 16hr,        

                       

            Where it is predicted that the internal noise levels specified above will not be met with windows open despite mitigation strategies, an alternative method of mechanical ventilation must be specified to supply outside air to habitable rooms with windows closed, and relieve the need to open windows. Background and passive ventilators, and system 3 extraction systems are not considered adequate for this purpose. Methods may include a system 4 MVHR system with cool air by-pass, or standalone mechanical units supplying outside air to each affected habitable room.      

 

            REASON:  Details are required in the absence of being provided to accompany the planning submission and in the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

 

13        The internal noise levels associated with any mechanical units and associated ductwork installed as mitigation to achieve satisfactory internal noise levels shall not exceed Noise Rating 25.  The ventilation system shall be designed to ensure that noise from external sources is not conducted into any habitable room.       

 

            REASON:   In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029. 

 

14        No dwelling shall be occupied until:        

                       

            a)         all the works which form part of the scheme for protecting the proposed dwellings from operations at Breach Farm Garage as approved by the Local Planning Authority under Condition 12 have been completed, and            

            b)         a post completion noise survey has been undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in condition 12. A method statement should be submitted to and approved by the Local Planning Authority prior to the survey being undertaken. 

                       

            If the noise levels set out in Condition 12 are exceeded, additional noise mitigation measures (where necessary to ensure the appropriate noise levels can be met) shall be submitted to an approved in writing by the Local Authority and implemented in accordance with the approved details prior to the first occupation. The approved scheme shall be thereafter maintained in accordance with the approved details.   

 

            REASON:  To ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029. 

 

15        No development above ground floor slab level shall commence on site until full details of the types, textures and colours of all external materials to be used 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 the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029 and Policy P7 of the St Mary Bourne Neighbourhood Plan 2016-2029.  Details are required in the absence of being provided to accompany the planning submission. 

 

16        No external lighting shall be installed unless this has been first submitted to and approved in writing by the Local Planning Authority.  The external lighting scheme shall include full lighting specifications and address the cumulative effects of all external lighting sources upon the rural location and nocturnal animals sensitive to external lighting (principally bats) and be informed by the details contained within the Preliminary Ecological Appraisal and Preliminary Bat Roost Appraisal Report by ABR Ecology Ltd dated 9th September 2019.  The lighting shall be operated and maintained in accordance with the approved scheme.         

 

            REASON:  In the interests of the amenities of the area and potential impact upon foraging bats in accordance with Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

17        The development hereby permitted shall not be occupied or the approved use commence, whichever is the sooner, until the properties have provision within each curtilage for refuse and recycling storage (prior to disposal) with a collection point not more than 15 metres carrying distance from a highway which is a carriageway, the surface materials from the carriageway to the waste container collection point shall be smooth and shall not hinder the movement of waste containers to the collection vehicle, have been provided for 1 number 240ltr refuse Wheelie bin, 1 number 240ltr recycling Wheelie bin and 1 number glass recycling box, and the areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling and shall be thereafter retained and maintained.        

 

            REASON:   In the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029 and Policy P7 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

18        The entrances to each plot shall be constructed with a non-migratory surface material for a minimum distance of 6m measured from the nearside edge of the carriageway on the adjacent highway and will be maintained in that condition thereafter.          

 

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

 

19        The dwellings hereby permitted shall not be occupied until provision for the turning, loading and unloading, and the parking of vehicles and cycles has been made within the curtilage of the respective plots and the areas of land so provided shall not be used for any purpose other than for the turning, loading and unloading and parking of vehicles.   Details of cycle parking shall first be submitted to and approved in writing by the Local Planning Authority to show the position, design, materials and finishes.  Development shall be carried out, and thereafter maintained, in accordance with the approved details.       

 

            REASON:  To secure an adequate parking provision that discourages on street parking in order to provide safe and convenient access for all users in the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P7 of the St Mary Bourne Neighbourhood Plan 2016-2029. Details are required of the cycle parking in the absence of being provided to accompany the planning submission. 

 

20        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 08:00; nor after 1300; Saturdays nor on Sundays or recognised bank or 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.   

 

21        No work relating to the construction of the development hereby approved, including site preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised bank or 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.   

 

22        No development above ground floor slab level shall commence on site until a Construction Statement detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day (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) shall be submitted to and approved in writing by the Local Planning Authority. 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.

 

23        No development above slab level shall occur until landscaping details have been provided, setting out the following as a minimum:  

                       

            Hard landscape details shall include the design, type, position and scale of boundary treatments, boundary treatment materials (including finishes) and hardsurfacing materials.           

            Soft landscape details shall include full planting plans, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants to include trees, noting species, planting sizes and proposed numbers /densities where appropriate.             

            Tree planting schedule to include the details of the new tree genus and species with use of native woodland species where appropriate as well as tree sizes and pit rooting details following advice contained within BS:8545: 2014 Trees: From nursery to independence in the landscape - Recommendations.   

            An implementation programme.   

            A maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting.     

                       

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

            REASON:  Details are required 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, Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

 

24        Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no additional openings shall be inserted at the first floor level in the south east and north west elevations of Plots 2 and 3 without the prior permission of the Local Planning Authority on an application made for the purpose.    

 

            REASON:  To protect the amenity and privacy of the occupiers of adjoining property in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

25        No development or other operations (including site preparation and any groundworks) 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 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 Policy EM4 of the Basingstoke and Deane Borough Council 2011- 2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

26        The development hereby approved shall not be occupied until the Package Treatment Plant serving each property has been installed.  Prior to installation the position of the Package Treatment Plant shall be confirmed in writing to the Local Planning Authority.  Thereafter the Package Treatment Plant shall be operated, monitored and maintained in accordance with the approved Technical Note 2: Package Treatment Plan Maintenance and Monitoring Plan prepared by Colin Drew Associates dated 27 September 2022 in perpetuity.         

 

            REASON:  To mitigate against the 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), Policy EM4 of the Basingstoke and Deane Borough Council 2011- 2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

27        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 Classes A and E of Part 1 of Schedule 2 of the Order shall be erected without the prior written permission of the Local Planning Authority on an application made for that purpose.        

 

            REASON:  In the interests of the amenity of the area, to ensure adequate residential amenity and to safeguard trees that stand in the North Wessex Downs Area of Outstanding Natural Beauty and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan 2016-2029.

 

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 per request or £36 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 paragraphs 186 and 187 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

            

             seeking further information following receipt of the application;

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

             In this instance:

             the applicant was updated of any issues after the 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 Applicant is advised to have regard to the accessibility and adaptability standards set out within Parts M4(2) or M4(3) of the Building Regulations 2015 or any subsequent government standard.

 

4.         Birds nests, when occupied or being built, receive legal protection under the Wildlife and Countryside Act 1981 (as amended).  It is highly advisable to undertake clearance of potential bird nesting habitat (such as hedges, scrub, trees, suitable outbuildings etc.) outside the bird nesting season, which is generally seen as extending from March to the end of August, although may extend longer depending on local conditions.  If there is absolutely no alternative to doing the work in during this period then a thorough, careful and quiet examination of the affected area must be carried out before clearance starts.  If occupied nests are present then work must stop in that area, a suitable (approximately 5m) stand-off maintained, and clearance can only recommence once the nest becomes unoccupied of its own accord.

 

5.         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. 

 

6.         If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 845557 and email [email protected] to commence the process. Details can be found on the council's website.

 

7.         Cycle parking shall be in accordance with the quantum and dimensions set out within the Parking Supplementary Planning Document (2018).

 

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

 

9.         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.

 

10.       Nothing connected with the development or its future use should have an adverse effect on the right of way, which must remain available for public use at all times.   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 Countryside Area Access Manager on the completion of the build.  No builders or contractor's vehicles, machinery, equipment, materials, scaffolding or anything associated with the works should be left on or near the PROW so as to obstruct, hinder or provide a hazard to walkers.

 

11.       The applicant's attention is drawn to the location within the North Wessex Downs Area of Outstanding Natural Beauty therefore consideration should be given to ensuring minimum light spillage upon the dark night skies.  Further guidance on minimising light spill can be found at  Lighting_Guide_07-05_MEDRES.pdf (northwessexdowns.org.uk).

 

12.       The applicant is advised that any gates demarcating the boundary of the site from the adjacent access above 1m in height will require planning permission.

 

 

3. Application – 20/00962/ROC: Variation/removal of conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Planning Permission 19/00370/FUL. Site: Berry Court Farm Bramley Road Little London Hampshire

 

The Committee considered the report set out on pages 175 to 217 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

 

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

 

 

 

 

Reasons for Approval

 

1          The proposed development would cause harm to the character and appearance of the area but that is balanced with the benefit of delivering economic development and with the imposition of conditions would comply with National Planning Policy Framework and Guidance (July 2021), Polices EP4, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).

 

2          The proposal would preserve the special architectural or historic interest of historic buildings in the area and known archaeology in accordance with the National Planning Policy Framework (July 2021) and Guidance and Policy EM11 of the Basingstoke and Deane Local Plan 2011 - 2029 and the Heritage Supplementary Planning Document (March 2019).

 

3          With the imposition of conditions, the proposed development would not cause any adverse impact on highway safety and therefore complies with the National Planning Policy Framework (July 2021) and Guidance and Policies EP4, CN9 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029 and the Parking SPD (July 2018).

 

4          With the imposition of conditions the proposed development is considered acceptable with regards to impacts on biodiversity and ecology in accordance with Government guidance contained within the National Planning Policy Framework (July 2021) and Guidance, and Policy EM4 of the Basingstoke and Deane Local Plan 2011 - 2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).

 

5          With the imposition of conditions, the proposal would have an acceptable impact on residential amenity and complies with the National Planning Policy Framework (July 2021) and Guidance, and Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029.

 

6          With the imposition of conditions, the proposed development would not increase the number of people or property at a high risk of flooding, nor would increase the risk or severity of flooding elsewhere and complies with the National Planning Policy Framework (July 2021) and Guidance, and Policy EM7 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:      

                       

            Site Location Plan PS/01A

                       

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

 

2          A natural buffer of 20m in width from the native linear tree belt which forms the western boundary of the site shall be provided. This buffer is to be measured out from the edge of the existing tree canopy and shall thereafter be retained and maintained in accordance with the details approved under condition 3.         

 

            REASON: In order to prevent adverse impacts on the linear tree belt and the benefits it has in relation to biodiversity, landscape character and visual amenity and amenity of users of the adjacent PROW in accordance with the National Planning Policy Framework (July 2021) and Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029 and Chapter 5 (Biodiversity) of the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

 

3          Within 3 months of the date of this permission a scheme of landscaping for the 20m natural buffer (identified in condition 2 above) which shall specify species, planting sizes, spacing and numbers of native 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 approval in writing of the approved scheme.           

            In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be included.           

            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: The application is speculative and these details are required in relation to the landscape character and visual appearance of the area and amenity of future occupants in accordance with the National Planning Policy Framework (July 2021) and Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029; Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

 

4          Within 3 months of the date of this permission waste storage to accommodate the need of the existing user shall be provided and retained until the user no longer is on the site.  Within 1 month of and other business / operator moving onto the site waste storage shall be provided to accommodate their needs and shall be retained until the user no longer is on the site.    

 

            REASON: The application is speculative and these details are required in relation to the visual appearance of the area and amenity of future occupants in accordance with the National Planning Policy Framework (July 2021) and Policies EM1, EM10 and CN9 of the Basingstoke and Deane Local Plan 2011 - 2029; Landscape, Biodiversity and Trees Supplementary Planning Document (2018); Parking Supplementary Planning Document (2018).

 

5          Notwithstanding the existing boundary treatments and within 3 months of the date of this permission a site plan (to a recognised metric scale not less than 1:250) shall be submitted demonstrating the following:         

                       

            20m buffer (required by condition 2 above);      

            Details of the field boundary between the western red line edge and the adjoining land (area of the native linear tree belt);        

            Removal of the southern bund within the 20m buffer;  

            Details of the location / materials / height / width of the boundaries of the proposed use;

            Specify species, planting sizes, spacing and numbers of trees/shrubs to be planted on any boundary (including replacement trees where appropriate).   

                                   

            The approved screen walls/fences shall be erected within 2 months of the date of the approval of the submitted details and shall subsequently be maintained.    

            Any planning shall be carried out in the first planting and seeding seasons following the approval in writing of the approved scheme.     

            In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of any planting, shall be included. 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: The application is speculative and these details are required in relation to the landscape character and visual appearance of the area and amenity of future occupants in accordance with the National Planning Policy Framework (July 2021) and Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029; Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

 

6          Whether or not development, prior to the installation of any lights a scheme detailing all external lighting to be erected on the site shall be submitted. Once approved in writing the lighting scheme shall be implemented and maintained in full accordance with the approved details. No other lighting shall be erected on the site.

           

            REASON: In order to prevent adverse impacts on biodiversity and landscape character and visual amenity in accordance with the National Planning Policy Framework (July 2021) and Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018)

 

7          Within 3 months of the date of this permission the following shall be submitted to the Local Planning Authority:-            

                       

            (a) a site investigation report (covering both the existing bunds / hardstanding and proposed hardstanding) documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the councils Environmental Health Team and in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice;       

            and,   

            (b) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed.     

                       

            Once approved in writing the any works will be carried out in full accordance with the approved details.     

 

            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. 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 Procedures for the Management of Land Contamination, CLR11'.     

 

            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.

 

8          Any verification by the competent person approved under the provisions of condition 7(b) that any remediation scheme required and approved under the provisions of condition 7(b) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation) shall be submitted to the Local Planning Authority within 1 month of the agreed timetable of works agreed under 7(b).  

                       

            Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise:      

            as built drawings of the implemented scheme;  

            photographs of the remediation works in progress;      

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

                       

            Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 7(b).    

 

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

 

9          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) the use of the site shall remain B8 and no change of use permitted by the aforementioned document shall take place on the application site unless approved in writing by the Local Planning Authority on an application made for such.    

 

            REASON: The application has been evaluated as a B8 use and any change of use permitted by the GDPO may not be acceptable to the Local Planning Authority, having regard to the site location and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

10        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 buildings, plant, machinery, structures, walls or fences of any kind shall be erected within the area outlined in red on the location plan unless approved in writing by the Local Planning Authority on an application made for such.

           

            REASON: To protect the amenities of the locality and to prevent overdevelopment of the site, in accordance Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

 

11        The parking space(s)/area hereby approved shall not be used for any purpose other than the parking of vehicles ancillary to the use of the site to the north (Berry Court Business Park) and the B8 storage use approved by this application.

 

            REASON: To ensure adequate on-site parking provision for the approved and in the interests of local amenity and highway safety and in accordance Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

12        No items, vehicles and materials shall be stacked or deposited to a total height exceeding 3m above ground level within the site.    

 

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

 

13        The site shall only operate between the following hours:        

                       

            Monday - Friday 07:30 hrs - 19:30 hours           

            Saturday 08:00 hrs - 13:00hrs      

            No opening on Sunday and Bank and Public Holidays           

                       

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

 

14        Within 3 months of the date of this decision details of surface water drainage together with a timetable for implementation; or shall be submitted to the Local Planning Authority. The approved scheme shall be implemented within 1 month of the approved detail and completed in accordance with it and thereafter maintained in accordance with the approved details.

 

            REASON: Details are required prior to commencement as insufficient detail was submitted within the application in this regard, in accordance with Policies EM6 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

 

15        Within 3 months of the date of this decision a detailed habitat enhancement scheme shall be submitted to the Local Planning Authority.         

            Once approved in writing the use hereby approved shall be maintained in accordance with the details so approved. The details shall include:       

                       

            Purpose, aims and objectives for the scheme, taking into account the site's existing biodiversity;  

            A method statement for implementation of the enhancement proposals; - Sources of habitat material (e.g. planting stock and its origin) if applicable;         

             Aftercare and long term management.  

                       

            REASON: As insufficient information was submitted with the application and to help maintain and enhance the biodiversity of the area in the long-term in accordance with in accordance with the National Planning Policy Framework and Policy EM4 of the Basingstoke and Deane Local Plan 2011 - 2029; Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

 

Informative(s):-

 

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

        

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

        

               1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought.  Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

 

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

            

             seeking further information following receipt of the application;

             considering the imposition of conditions

            

             In this instance:

            

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

            

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

 

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

 

4.         Any lighting scheme required by condition 6 shall demonstrate how it meets the guidelines set out under Guidance note 08/18 Bats and artificial lighting in the UK by The Bat Conservation Trust.

 

 

 

4. Application – 21/02589/OUT: Outline application for the erection of 1 no. dwelling and associated works Site: Land To Rear Of 80 Pardown Pardown Oakley Hampshire

 

The Committee considered the report set out on pages 218 to 254 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.

 

It was believed that although the properties in front of the proposal might be disadvantaged, it was highlighted that there was already a back land development in the vicinity.

 

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

 

 

 

 

Reasons for Approval

 

1          In the absence of an up-to-date development plan, the proposed development would deliver housing which would contribute towards mitigating against the overall shortfall of supply as well as providing economic, social and environmental benefits.  In the planning balance, and applying a presumption in favour of sustainable development, it is not considered that the impact of the development would significantly and demonstrably outweigh the benefits when the policies of the National Planning Policy Framework (July 2021) as a material planning consideration are taken as a whole. The proposal is not isolated and considered to represent a sustainable form of development. The proposal is therefore in accordance with the National Planning Policy Framework (July 2021) and Policy SD1 of the Basingstoke and Deane Local Plan 2011-2029.

 

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

 

3          The principle of the proposed development would relate to surrounding development and would not adversely impact on the character and appearance of the surrounding development and as such complies with the National Planning Policy Framework (July 2021), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan, Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029 and guidance contained within the Design and Sustainability Supplementary Planning Documents (July 2018).

 

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

 

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

 

6          The proposed development would not cause any adverse impacts to onsite biodiversity and as such the proposal is considered to be in accordance with the National Planning Policy Framework (July 2021), Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029, Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).

           

 

7          The proposed development would safeguard trees of amenity value on and adjacent to 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.

                 

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 (dwg. ref: 2020/13-01 P2 dated 03/03/2023)    

                       

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

 

2          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.

 

3          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.

 

4          Details of the appearance, landscaping, layout, scale and access (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 Policies EM1, EM10, EM12, and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

 

5          No development above ground slab level shall commence until details of the types and colours of external materials and finishes to be used in the construction of the dwellings, 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 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.

 

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

           

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

 

7          No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800, Monday to Friday, before the hours of 0800 nor after 1300, Saturdays nor on Sundays or recognised public holidays.       

 

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

 

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

 

            REASON: Details are required because insufficient information has been submitted with the application in this regard, to improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

9          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: Details are required in the absence of accompanying the application 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).

 

10        Prior to occupation of the dwelling hereby approved, a Construction Statement detailing how the new dwellings shall meet a water efficiency standard of 110 litres or less per person per day shall be submitted to and approved in writing by the Local Planning Authority. If this is not possible then it must be justified 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.

 

11        The development hereby approved shall be carried out in accordance with the recommendations and procedures set out within Chapter 14 Mitigation Recommendations of the submitted Extended Phase 1 Ecological Assessment and Phase 2 Reptile Survey by Phillips Ecology dated 5/2022.

           

            REASON:  In order to avoid impacts on key species to provide for ecological enhancements in order to meet with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

 

12        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 Plan shall deliver a minimum of 5.07 Habitat Units. The BEMP will include the results of the provided Biodiversity Metric, and species enhancements listed within Chapter 15 Enhancements within Extended Phase 1 Ecological Assessment and Phase 2 Reptile Survey by Phillips Ecology dated 5/2022 and the following:   

                       

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

            b) Extent and location/area of proposed enhancement works on 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: Further details are required prior to the commencement of development as insufficient information has been provided with the application, to minimise the impact on the existing biodiversity of the site and its surroundings and to provide long term net gains for biodiversity in line with the Environment Act 2021, Section 15 of National Planning Policy Framework (2021)  Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029.

 

13        Notwithstanding the details submitted, the reserved matters application(s) shall include a tree survey. The tree survey shall inform an arboricultural implications assessment, and that in turn shall inform an arboricultural method statement. The arboricultural method statement shall outline how trees will be protected during the course of the development; including any engineering solutions deemed appropriate, and shall include an appropriately scaled tree protection site plan.            

            All arboricultural detailing shall be submitted to the local planning authority for approval, and shall be produced in accordance with BS5837 "Trees in Relation to Design, Demolition and Construction" and Basingstoke & Deane Borough Councils Landscape Biodiversity and Trees Supplementary Planning Documents.     

            No development or other operations shall take place other than in complete accordance with the approved arboricultural detailing.      

 

            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.

 

14        No development, including any demolition works, soil moving, temporary access construction and/or widening, or storage of materials shall commence on site until a detailed services layout has been submitted and approved in writing by the Local Planning Authority. All services shall be included including gas, electricity, foul and fresh water, drainage and telecommunications. If a particular service is not required, a statement shall be included to that effect. The layout shall respect landscape and wildlife protection and mitigation measures and in particular, ensure that its implementation does not require installation or future maintenance excavations to be made within protection zones.  The development and/or other operations shall be carried out and thereafter maintained in complete accordance with the approved service layout.   

 

            REASON: Details are required prior to commencement because insufficient detail was submitted with the application, to ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and landscape and wildlife features/areas and the enhancement of the development itself, in accordance with the National Planning Policy Framework (2021) and Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.

 

15        No development shall take place above ground 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 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: Further details are required because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

16        No development shall take place above ground slab level until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the dwellings are occupied and thereafter maintained.

           

            REASON:  Further details are required because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

17        No development shall commence until details of the proposed surface water drainage strategy has been submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter be carried out in accordance with the approved details 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 increased flood risk in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.

 

18        Prior to the commencement of development full details of the layout for the parking and manoeuvring on site of contractor's and delivery vehicles during the construction period shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the commencement of development and retained for the duration of the construction period.

           

            REASON: In the interests of highway safety and to prevent the obstruction of an interruption of the free flow of traffic throughout construction and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

 

19        No works pursuant to this permission shall commence 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 interests of the amenities of adjoining neighbours and character of the area in accordance with Policies EM1, EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

 

20        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 Borough Council 2011- 2029.

 

21        The new dwelling(s) hereby approved shall not be occupied until the 'Klargester BioDisc' treatment plant has been installed to service the proposed dwelling(s). The treatment plant shall thereafter be retained and maintained in accordance with the submitted Package Treatment Plan Management and Maintenance document by EDS (Doc. Ref J-2806-Rev.01  Dated January 2023). In the event that the Package Treatment Plant is not achieving the required level of output, details and a timeline for the necessary corrective measures shall be submitted to and approved in writing by the Local Planning Authority. Corrective measures shall thereafter be carried out within the timeline agreed. If the Package Treatment Plant has an irreparable fault, details and a timeline for its replacement shall be submitted to and approved in writing by the Local Planning Authority.   

 

            REASON: In order to avoid adverse impact on the Solent and Southampton Water Special Protection Area by way of additional nitrates emanating from the development in accordance with the Conservation of Habitats and Species Regulations 2017 and Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.

 

22        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any Order revoking or re-enacting that Order with or without modification, the approved Package Treatment Plant shall not be replaced without the prior written approval of the Local Planning Authority.

           

            REASON: To ensure that the site is maintained in accordance with the approved details which demonstrates that a Package Treatment Plant or other onsite wastewater treatment facility is required to secure effective mitigation in order to comply with Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.

 

23        The dwelling hereby approved shall not be connected to the mains for foul water drainage and disposal.           

 

            REASON: To ensure that the site is maintained in accordance with the approved details which demonstrates that a Package Treatment Plant or other onsite wastewater treatment facility is required to secure effective mitigation in order to comply with Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.

 

24        Notwithstanding the details submitted, the reserved matters application(s) shall include full details of the location of the proposed package treatment plant. Its proposed location, including its installation and for future maintenance, shall not interfere with the trees/hedges/vegetation to be retained or proposed landscaping and wildlife protection/enhancement areas.    

 

            REASON: Details are required prior to commencement because insufficient detail was submitted with the application, to ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and landscape and wildlife features/areas and the enhancement of the development itself, in accordance with the National Planning Policy Framework (2021) and Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.

 

Informative(s):-

 

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

        

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

        

             1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought.  Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

 

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

            

             proactively offering a pre-application advice (in accordance with paragraphs 39 - 46);

             seeking further information following receipt of the application;

             considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 55-58).

            

             In this instance:

            

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

             was provided with pre-application advice;

            

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

 

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

 

4.         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.

 

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

 

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

 

7.         The applicant is advised that the provision of a site foul drainage treatment plant may require an Environmental Permit from the Environment Agency. Please see the following details: https://www.gov.uk/permits-you-need-for-septic-tanks for further advice.

 

8.         The development site has an overhead power line crossing the site. The applicant is advised to contact Scottish and Southern Electricity Network to ensure that appropriate safety precautions are adopted for new development in proximity to these live overhead lines. Contact can be made at [email protected] or on 0800 0483516.

 

 

5. Application – 22/00744/FUL: Demolition of existing garage and bakery buildings, erection of a Class E commercial unit with 5 residential flats above and a pair of semi detached residential houses, change of use of land to residential use associated with Spring Fields, change of use of parts of residential curtilage of Spring Fields to form part of new development, associated car parking, servicing and landscaping.. Site: Bramley Garage  Sherfield Road Bramley Hampshire

 

The Committee considered the report set out on pages 255 to 303 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 were in general support of the redevelopment of the site which they believed needed updating.

 

Members discussed various conditions such as the categories of the E class of the commercial unit, drainage, construction management for the construction vehicles to be accommodated on site and footpath segregation.

 

A condition was requested that Class E be restricted to category E (a) and E (b) only to enable occupants such as a retail shop and sale of food and drink for consumption on the premises.

 

An amendment to condition 26 to include details of the boundary treatment to separate the car park and footpath.

 

A condition was requested that no occupation until drainage upgrades in the Bramley Wards.

 

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 deliver housing development on land within the Settlement Policy Boundary and within a residential area. The proposal therefore accords with Policies SD1 and SS1 of the Basingstoke and Deane Local Plan 2011-2029, Policy H1 and H2 of the Bramley Neighbourhood Plan 2011-2029 and the provisions of the National Planning Policy Framework (July 2021).

 

 

2.           The proposed development would deliver smaller homes needed within the area. As such the proposal would comply with Policy CN4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy H2 of the Bramley Neighbourhood Plan 2011-2029.

 

3.            The proposed development would be of an acceptable design and would not adversely impact on the character and appearance of the surrounding development and as such complies with the National Planning Policy Framework (July 2021), Policies D1 and D2 of the Bramley Neighbourhood Plan 2011-2029 and the provisions and guidance contained within the Design and Sustainability Supplementary Planning Documents (2018)

 

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

 

5.            The development would not cause an adverse impact on highway safety subject to conditions and adequate parking being provided.  As such the proposal would comply with the National Planning Policy Framework (July 2021), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policy T2 of the Bramley Neighbourhood Plan 2011-2029 and the Parking Supplementary Planning Document (2018).

 

6.           The development would not result in an adverse increase risk of flooding and as such the proposal would comply with National Planning Policy Framework, Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029 and Policy RE1 of the Bramley Neighbourhood Plan 2011-2029.

 

7.           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, the Landscape, Biodiversity and Trees Supplementary Planning Document (2018) and Policy RE3 of the Bramley Neighbourhood Plan 2011-2029.

 

8.            The proposal would provide biodiversity net gains and as such the proposal would comply with the National Planning Policy Framework (July 2021), Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy RE3 of the Bramley Neighbourhood Plan 2011-2029.

                             

subject to the following conditions and informatives:-

 

Conditions

 

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

                        Location Plan (drawing no. 001 rev PL00)         

                        Proposed Site Plan (drawing no. 011 rev PL07)

                        Proposed Block Plan (drawing no. 010 rev PL02)        

                        Proposed Site Sections (drawing no. 031 rev PL02)    

                        Proposed Perspective Views (drawing no. 030 rev PL02)       

                        Proposed Block A Section (drawing no. 032 rev PL02)

                        Proposed Block A Ground and First Floor Plans (drawing no. 012 rev PL02)         

                        Proposed Block A Second Floor Plan (drawing no. 013 rev PL04)    

                        Proposed Block A Elevations (drawing no. 020 rev PL01)      

                        Proposed Block B Ground and First Floor Plans (drawing no. 014 rev. PL01)        

                        Proposed Block B Elevations (drawing no. 021 rev PL01)      

                                   

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

 

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

 

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

 

3          No development above ground floor slab level shall commence on site until full details of the types, textures and colours of all external materials to be used 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 in the absence of being provided to accompany the planning submission. 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 and Policy D1 and D2 of the Bramley Neighbourhood Plan 2011-2029.

 

4            No development shall shall commence on site until a Biodiversity Enhancement & Management Plan (BEMP) is submitted to and approved in writing by the Local Planning Authority. The Plan shall deliver a minimum of 0.11 Habitat Units as stipulated in the Biodiversity Metric by Calyx dated 4/1/2023. The BEMP will include the results of the provided Biodiversity Metric 3.1 by Calyx dated 4/1/2023 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) Aims and Objectives of management

            d) Appropriate management Actions for achieving Aims and Objectives     

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

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

            g) For each of the first 5 years of the Plan, photographs will be issued to the Planning Authority showing how the habitats have been retained         

            h) 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 longterm 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.          

                       

            REASONS: In order to provide long term net gains for biodiversity in line with the Environment Act 2021, Section 15 of National Planning Policy Framework 2021 and Policy EM4 of the Basingstoke and Deane Local Plan 2011 - 2029 and Policy RE3 of the Bramley Neighbourhood Plan 2011-2029.

 

5          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 Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy T2 Bramley Neighbourhood Plan 2011-2029.

 

6          No development or other operations (including site preparation, demolition and any groundworks) shall commence on site until a Construction Method Statement that demonstrates safe and coordinated systems of work affecting or likely to affect the public highway and or all motorised and or non-motorised highway users, has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period.             

                       

            The Statement shall include for:  

            i.          the parking and turning of vehicles of site operatives and visitors off carriageway (all to be established within one week of the commencement of construction works (including ground works) pursuant to the development hereby approved);        

            ii.         loading and unloading of plant and materials away from the maintainable public highway;       

            iii.        management of construction traffic and access routes;           

            iv.        storage of plant and materials used in constructing the development away from the maintainable public highway;       

            v.         wheel and chassis washing facilities of all HGV's, plant and delivery vehicles leaving the site and the means of keeping the site access road and adjacent public highway clear of mud and debris during site demolition, excavation, preparation and construction 

            vi.        measures to control the emission of dust and dirt during construction;        

            vii.       a scheme for recycling and disposing of waste resulting from construction work; and the management and coordination of deliveries of plant and materials and the disposing of waste resulting from construction activities so as to avoid undue interference with the operation of the public highway, particularly during the Monday to Friday AM peak (07.30 to 09.30) and PM peak (16.00 to 18.00) periods.  

                       

            The approved plan shall be adhered to during the demolition/construction period of the development and shall be in line with the approved Constructed and Environmental Management Plan under condition 22.   

                       

            REASON: In the absence of details being provided to accompany the planning application, details are required to ensure that the construction process is undertaken in a safe and convenient manner that limits impact on local roads and the amenities of nearby occupiers, the area generally and in the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy T2 Bramley Neighbourhood Plan 2011-2029.

 

7          The development shall not be brought into use until the car parking area shown on the submitted plan has been provided, marked out and thereafter maintained for car parking for the lifetime of the development and used for no other purpose.        

 

            REASON: To ensure adequate space within the site for vehicle movements and parking provision in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy T2 Bramley Neighbourhood Plan 2011-2029.

 

8          The development shall not be brought into use until turning facilities have been provided in accordance with the details shown on the approved plan. The turning facilities shall be available for use by vehicles and kept free from obstruction throughout the lifetime of the development.           

 

            REASON: In the interests of traffic safety and to achieve a satisfactory layout in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy T2 Bramley Neighbourhood Plan 2011-2029.

 

9          No development above slab level shall commence until a Servicing and Delivery Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be operated in accordance with the approved Servicing and Delivery Plan for the lifetime of the development.

           

            REASON: In the interests of highway safety in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy T2 Bramley Neighbourhood Plan 2011-2029.

 

10        The development shall not be brought into use untl the means of vehicular access to the site and extension to the footway shall be constructed in accordance with the approved plan.            

            REASON: In the interests of highway safety in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy T2 Bramley Neighbourhood Plan 2011-2029.

 

11        The dwellings hereby permitted shall not be occupied until provision for the parking of vehicles has been made within the curtilage of the respective plots and the areas of land so provided shall not be used for any purpose other than for the parking of vehicles. 

           

            REASON: To secure an adequate parking provision that discourages on street parking in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy T2 Bramley Neighbourhood Plan 2011-2029.

 

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

           

            REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

 

13        No development shall take place on site until details of a refuse storage have been submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof.  Development shall be carried out, and thereafter maintained, in accordance with the approved details.

           

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

 

14        With the exception of the demolition of existing buildings no works pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority:- 

                       

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

                       

            and, unless otherwise agreed in writing by the Local Planning Authority,    

                       

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

                       

            and, unless otherwise agreed in writing by the Local Planning Authority,    

                       

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

                       

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

                       

            The development shall be carried out in accordance with any approved remedial works and measures.    

                       

            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.

 

15        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 14(b) that any remediation scheme required and approved under the provisions of condition 14(b) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Such verification shall comprise: 

                       

            -           as built drawings of the implemented scheme;  

            -           photographs of the remediation works in progress;      

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

                       

            Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 14(b).  

                       

            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.

 

16        With the exception of the demolition of existing buildings, site clearance and below ground works, no development shall take place on site until a scheme for protecting the proposed dwellings from environmental noise has been submitted to, and approved in writing by the Local Planning Authority. Any proposed mitigation scheme shall have regard to the Basingstoke & Deane        

            'Noise assessments and reports for planning applications - Guidance note for developers and consultants'. Mitigation proposals will consider and utilise where possible, reduction in noise exposure achieved by effective site layout, building orientation, the use of physical barriers, utilising open space as a buffer, internal room configurations and any other available mitigation strategies.      

                       

            The following noise levels shall be achieved with mitigation in place.           

                       

            a) Internal day time (0700 - 2300) noise levels shall not exceed 35dB LAeq, 16hr for habitable rooms (bedrooms and living rooms with windows open*)  

            b) Internal nighttime (2300 - 0700) noise levels shall not exceed 30dB LAeq with individual noise events not exceeding 45dB LAfMax (windows open*)  

            c) Garden and external amenity areas shall not exceed 55 dB LAeq, 16hr.

                       

            *Where it is predicted that the internal noise levels specified above will not be met with windows open despite mitigation strategies, an alternative method of mechanical ventilation must be specified to supply outside air to habitable rooms with windows closed and relieve the need to open windows. Background and passive ventilators, and system 3 extraction systems are not considered adequate for this purpose. Methods may include a system 4 MVHR system with cool air by-pass, or standalone mechanical units supplying outside air to each affected habitable room.      

                       

            REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

 

17        The internal noise levels associated with any mechanical units and associated ductwork shall not exceed NR25. The ventilation system shall be designed to ensure that noise from external sources is not conducted into any habitable room.    

            REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

 

18        All new building services/mechanical plant serving the commercial unit must achieve a rating level no greater than 5dB below the existing background level at the most sensitive period when the plant will be operated (e.g., evening, nights and weekends) as assessed in accordance with BS4142: 2014 + A1 2019: Methods for rating and assessing industrial and commercial sound. 

 

            REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

 

 

19        No dwelling shall be occupied until all works which form part of the scheme for protecting the proposed dwelling from noise as approved by the Local Planning Authority under conditions (16, 17 and 18) have been fully implemented and post completion noise testing has been carried out by a suitably qualified and competent acoustic consultant to verify that the internal noise levels agreed in conditions (16, 17 and 18) have been achieved. The testing shall be carried out in accordance with a written protocol (as detailed in attached informative) details of which shall be submitted to and approved in writing by the Local Planning Authority before test is carried out. If the noise levels set out in Conditions [ 16, 17 and 18 ] are exceeded, additional noise mitigation measures, (where necessary to ensure the appropriate noise levels can be met), shall be submitted to an approved in writing by the Local Authority and implemented in full prior to the first occupation of the relevant phase.  

 

            REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029

 

20        The hours of loading and unloading goods vehicles (except for newspaper deliveries) at the commercial unit shall only take place between the hours of 0730-1900 hours Mon -Friday and 0800-1800 hours on Saturdays and not at any time on Sundays.

           

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

 

21        The commercial use hereby permitted shall not open to the public before 0730 hours or remain open after 2200 hours (Mondays to Sundays).

           

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

 

22        No development shall take place until a site- specific Construction Environmental Management Plan has been submitted to and been approved in writing by the LPA. 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: 

                       

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

            o Arrangements for liaison with the Council's Environmental Protection Team.      

            o 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 and 13 00 Hours on Saturdays and at no time on Sundays and Bank Holidays.     

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

            o 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.

            o Procedures for emergency deviation of the agreed working hours.

            o An undertaking to require all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment.     

            o Control measures for dust and other air-borne pollutants.   

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

                       

            The approved plan shall be adhered to during the demolition/construction period of the development and shall be in line with the approved Constructed Method Statement under condition 6.  

                       

            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

 

23        Prior to the commencement of the proposed commercial unit a scheme containing full details of arrangements for internal air extraction, odour control, and discharge to atmosphere from cooking operations, including any external ducting and flues, and necessary noise control            

            measures determined in accordance with the Control of Odour and Noise from Commercial Kitchen Exhaust Systems (EMAQ 2018) document, shall be submitted to and approved in writing by the local planning authority. The works detailed in the approved scheme shall be installed in their entirety before the use hereby permitted is commenced. The equipment shall thereafter be maintained in accordance with the manufacturer's instructions and always operated when cooking is being carried out.

           

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

 

24        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 08:00; nor after 1300; Saturdays nor on Sundays or recognised bank or 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.

 

25        No work relating to the construction of the development hereby approved, including site preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised bank or 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.

 

26        No development above slab level shall occur until landscaping details have been submitted to and approved in writing by the Local Planning Authority.  Such details should set out the following as a minimum:    

            Hard landscape details shall include the design, type, position and scale of boundary treatments, boundary treatment materials (including finishes), bollard details for footpath separation and hardsurfacing materials.

            Soft landscape details shall include full planting plans, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, planting sizes and proposed numbers /densities where appropriate. The landscaping scheme shall where reasonably practicable retain and enhance the existing boundary hedgerows.        

            Tree planting schedule for any trees to be created to include the details of the new tree genus and native species as well as tree sizes and pit rooting details following advice contained within BS:8545: 2014 Trees: From nursery to independence in the landscape - Recommendations;

            The specification of tree planting pits together with a method statement for their construction and 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 (including details of the location of external lighting) sufficient to demonstrate how the development is to be serviced without conflict to tree planting, with allowance for reasonable growth. Where applicable, tree pits shall utilise shared trenches and soil cells to allow adequate rooting area to extend underneath the proposed hard surfacing.     

            An implementation programme    

              A Landscape Management Plan setting out management responsibilities and maintenance schedules for all landscape areas (to include the area outside of residential curtilages) 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). 

                       

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

                       

            REASON: 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, Policy RE3 of the Bramley Neighbourhood Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018) and for reasons of safety of the users of the development and footpath in accordance with policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

 

27        Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural Impact Assessment Impact Assessment, Protection Plan and Method Statement prepared by Harrison Arboriculture (referenced 417-1588-8/2/2021).         

            REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (July 2021), Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and Policy RE3 of the Bramley Neighbourhood Plan 2011-2029.

 

28        Notwithstanding the details submitted, no development above ground slab level shall occur until the following drawings have been submitted to and approved in writing by the Local Planning Authority: 

                       

            Scaled drawings at a scale of 1:10 setting out architectural detailing such as, but not limited to, brick string courses, window cills and headers, the depth of window reveals, and the shop frontage.       

                       

            The development shall be carried out in accordance with the approved details and retained thereafter.     

                       

            REASON: In the absence of satisfactory details being submitted to accompany the reserved matters application, details are required in the interests of promoting high quality development in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies D1 of the Bramley Neighbourhood Plan 2011-2029.

 

29        Notwithstanding the details shown on the approved plans, the following windows shall be glazed with obscured glass, to at least the equivalent of Pilkington level 4 standard and shall be high level opening only:           

                       

                        Block A, first floor east side windows      

                        Block B, first floor east side window        

                       

            The windows 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.

 

30        No development above ground floor slab level shall commence on site until details setting out how a minimum of 15% of dwellings will be built to 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 to accord with the National Planning Policy Framework, Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and the Housing Supplementary Planning Document (2018)

 

31        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 or less per person per day shall be submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details.

 

            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.

 

32        With the exception of the demolition of existing buildings and site clearance, no development shall commence on site until full details of surface water drainage treatment shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out and thereafter maintained in accordance with the approved details.  

 

            REASON: Details are required as insufficient detail was submitted within the application in this regard, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

33        The development shall be built in accordance with the Drainage Assessment (dated 26th February 2022 prepared by Simon Jones-Parry) and the Technical Note (dated 7th April 2022 prepare by Simon Jones-Parry) and therefore maintained as such in perpetuity)    

 

            REASON: To ensure there is adequate drainage to support the development in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029.

 

34        Notwithstanding the approved plans, the lowest level of the rooflights shown on the east elevation of the proposed Block A shall be constructed at a minimum of 1.7m above finished floor level. The rooflights 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.

 

35        Notwithstanding the provisions of Regulation 13 of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (or any Order revoking and re-enacting that Order with or without modification), the ground floor of Block A shown on the Proposed Site Plan Drg No 011 Rev PL07 shall be used only for uses falling within parts (a) and (b) of Schedule 2 Part A, Class E.          

 

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

 

36        No development above the damp proof course shall commence on site until details of the works for the disposal of foul drainage have been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water.     

            The dwellings shall not be occupied until the approved foul drainage details for the development, and necessary upgrade works for Bramley to ensure that there is capacity for the additional load, have been fully implemented.        

            The development works at the site shall be maintained thereafter in accordance with the approved details.

           

            REASON: In the absence of sufficient and precise details of the proposed foul water drainage mechanism and connections within the planning submission, and in the absence of capacity within the network, and the improper functioning of the network, it is necessary for further information to be submitted which ensures the proposal is provided with a satisfactory means of foul drainage that will not cause wider harm. The information for on-site works is requested in order to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policies CN6, EM6, EM7 and EM12 of the Basingstoke and Deane Local Plan 2011-2029, Policy RE1 of the Bramley Neighbourhood Plan 2011-2029 and the National Planning Policy Framework (July 2021).  Any lack of sufficient provision on site, or to the wider network could otherwise result in the need for tankers to service the development to pump waste which could cause significant disruption and amenity impacts to neighbours contrary to policy EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029, and would otherwise result in an increased impact to the load of the current system.

 

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 accordance with paragraphs 55-58).

            

             In this instance:

            

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

            

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

 

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

 

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

 

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

 

6.         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

 

7.         The acoustic testing shall seek to demonstrate compliance with the noise criteria as per condition 19 of the planning approval. Tests must be carried out prior to the occupation of any dwelling(s) identified as requiring noise mitigation measures within the development.

             The plots for testing shall be agreed with the Environmental Health team and approved in writing by the Local Planning Authority in advance of the testing.

             The acoustic testing will be undertaken in general accordance with the Association of Noise Consultants' publication "ANC Guidelines: Noise Measurement in Buildings: Part2: Noise from External Sources".

             If the site is subject to a high level of construction noise during the daytime, then any affected periods shall be discounted from the analysis. In this event it would be possible to use historical noise graphs for the site to estimate the daytime noise levels in the absence of the construction noise to a reasonably high degree of accuracy.

             Noise levels shall be monitored at a single location in each test room, with the measurement microphone positioned at a height of 1.2m above floor level and a distance at least 1.5m from any external wall/window.

             The measuring equipment shall be "Type 1", as defined in BS EN 61672:2003.

             The calibration of the measuring equipment shall be checked prior at the start of the survey using a hand-held calibrator compliant with BS EN 60942:2003 (IEC 60942:2003), Class 1. The calibration will be checked upon completion of the survey.

 All measurement and calibration equipment shall hold current laboratory calibration certificates, traceable to national standards and measured at a UKAS approved laboratory.

             The measurement instrumentation shall be configured to record the LAeq,T and LAmax,fast sound levels over consecutive 1 minute intervals. Contemporaneous measurements to a higher (1 second) resolution shall also be undertaken.

             The equipment shall be installed for a period covering three weekday nights, to obtain representative information regarding any variation in night-time noise events.

             Where noise measurements are undertaken in unfinished and unfurnished rooms, the reverberation time in the test room shall be measured in accordance with BS EN ISO 3382-2; "Acoustics. Measurement of room acoustic parameters. Reverberation time in ordinary rooms". The measurement results shall be adjusted accordingly to account for the change in reverberation time between the tested condition and future reverberation time within the room when furnished.

Measurements shall be taken with windows open unless MVHR is installed. Where MVHR is installed measurements shall be undertaken with windows closed and the MVHR whole house supply and extract system operating.

        

         The report shall present the following information:

        

         date and time of measurements;

             location: i.e. name of building, floor, room name or number;

             description of noise source(s);

             details of all equipment used, i.e. manufacturer and model, serial numbers;

             results of calibration checks;

             measurement positions;

             description of the room finishes, etc. at the time of testing;

             measured reverberation times, if relevant, and any correction used to adjust measured noise levels;

             noise monitoring results;

             recommendations for additional mitigation measures/repairs where the monitoring shows that the noise standards have not been complied with.

 

8.         Demolition and vegetation clearance work should be ideally undertaken outside of bird nesting season (March to August inclusive) in order to prevent impacts on nesting birds. If clearance or demolition is undertaken during this period then areas should be checked first by a qualified ecologist. Should signs of nesting be located then works in that area should cease until nesting has finished and fledglings have left the nest.

 

           

6. Application – 22/02076/HSE:  Erection of a timber single storey granny annexe for ancillary use to the main dwelling Site: 52 Reading Road Chineham Hampshire RG24 8LT

 

The Committee considered the report set out on pages 304 to 317 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

 

RESOLVED that:  the application was 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 character and appearance of the surrounding development and as such complies with the National Planning Policy Framework (July 2021), Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and guidance contained within the Design and Sustainability Supplementary Planning Document (2018) and Heritage Supplementary Planning Document (2019)

 

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

 

 3         The proposed development respects the character of its surroundings in terms of street pattern, plot size, layout and form and as such complies with the National Planning Policy Framework (July 2021) and Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

 4         The proposed development would be acceptable in terms of parking provision and as such complies with the National Planning Policy Framework (July 2021), Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and guidance contained within the Parking Standards SPD (2018).

 

 

 

subject to the following conditions and informatives:-

 

Conditions

 

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

                       

            Location Plan & Existing Block Plan; 2022.06.22.3 Rev. 2     

            Proposed Block Plan; 2022.06.22.4 Rev. 2        

            Proposed Footprint; 2022.06.22.1 Rev. 2           

            Proposed Elevations; 2022.06.22.2 Rev. 2        

            Proposed Section; 2022.06.22.2 Rev. 2 

                       

            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 submitted plans and supporting documents.      

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

 

 4         The annexe building hereby approved shall be retained and used solely for purposes ancillary to the enjoyment of the private dwelling house known as '52 Reading Road' and shall not be sold off, sub-let or used as a separate unit of accommodation, nor used in connection with any trade, business, profession or commercial enterprise.

            REASON: The outbuilding used as a separate dwelling would result in an unacceptable form of development which shall not be occupied separately from the main dwelling in the interest of local amenity and highway safety, in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

 5         The proposed rear facing window on the northern elevation of the annex hereby approved 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.

 

 

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 and or the completion of a s.106 legal agreement (in accordance with paragraphs 55-58).

        

         In this instance:

        

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

           

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

 

 3.     The 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.

 

 

7. Application – 22/02564/FUL: Erection of a new single storey dwelling.  Site:  Longacres New Road Little London Hampshire

 

The Committee considered the report set out on pages 318 to 348 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.

 

The Committee discussed the proposed application and the relationship between the annexe and the Grade II listed Berry Court Farm which they agreed would cause no harm to the listed building.

 

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

 

Reasons for Approval

 

1.            The proposed development, by virtue of the design standard, and design approach, to deliver a low single-storey bungalow, would reduce the impact to the setting of the listed Berry Court Farmhouse, which, together with the limited intervisibility would ensure that there is no harm to heritage assets.  The proposal, therefore, complies with policy EM11 of the Basingstoke and Deane Local Plan 2011 – 2029.

 

2.            The proposed buffer to Bow Brook, whilst less than would ordinarily be expected, as set out within the Landscape, Biodiversity and Trees SPD, is, in this instance, considered acceptable, by virtue of the mitigation proposed and also the wider biodiversity net gain, and offers a significant improvement to the existing intensive grazing use of the land, which has reduced the biodiversity value of the buffer.  The proposal is therefore a significant enhancement overall, and thus accords with policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

 

3.           The proposal would not cause harm to the wider countryside, and the site is not isolated.  The proposal is for a two bedroom bungalow, which given the council lack of five year housing land supply, is considered to be a significant benefit that outweighs the impact of development.  As such the proposed development is in accordance with policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the policies contained within the National Planning Policy Framework as a whole.

          

 

subject to the following conditions and informatives:-

 

Conditions

 

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

                       

            AS_01 Rev A - Location Plan       

            AB_01 Rev A - Proposed Site Plan         

            AB_02 Rev A - Proposed Elevations      

            AB_03 Rev A - Proposed Elevations      

            AB_04 Rev A - Proposed Floor Plan and Roof Plan    

                       

            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 approved plans, no development above ground floor slab level shall commence until details of materials and finishes, including samples where appropriate have been submitted to and approved by the Local Planning Authority in writing. The works shall then proceed in strict accordance with the approved submission. These requirements include provision of information relating to: - the size, texture, colour and source of bricks including specials; - the bonding and coursing of brickwork; - mortar mixes - the size, texture, colour, source of tiles or slates; - the material, colour, finish, size, profile and gauge of timber boarding; - the materials, colour, finish and size of window frames and doors; - rainwater goods, water supply and drainage pipework, flues, extract vent terminals and meter boxes.            

            REASON:  Details are required prior to commencement of related works because insufficient detail was submitted in this regard, with the application to ensure that the development achieves a suitably high quality finish, and to protect the special architectural / historic interest of nearby heritage assets in accordance with the guidance contained within Sections 12, 15 and 16 of the National Planning Policy Framework (July 2021), Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

 

4          Prior to installation a plan indicating the positions, design, materials and type of screen walls/fences/hedges to be erected, shall be submitted to and approved in writing by the Local Planning Authority. The approved screen walls/fences shall be erected before the dwelling hereby approved is first occupied and shall subsequently be maintained as approved. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.           

            REASON:  Details are required in the interests of the amenities of the area and in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

 

5          No hard landscaping works shall commence on site until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining buildings are first occupied and thereafter maintained.    

 

            REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity and in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

 

6          The development hereby approved shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before commencement of the landscaping works. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.      

 

            REASON:  Details are required in the absence of accompanying the application in order to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

 

7          All wildlife protection, mitigation and enhancement measures shall be carried out in accordance with Chapter 5 (Opportunities for Enhancement) of the Ecological Assessment prepared by The Ecology Co-op and dated 2nd August 2022. The development shall be carried out and thereafter maintained in accordance with the details of the approved report.            

 

            REASON:  In order to mitigate impacts on key habitats and species and to help maintain the biodiversity of the area in the long-term in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and in accordance with Section 15 of the National Planning Policy Framework (July 2021).

 

8          Notwithstanding the approved plans, prior to installation, details of an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with this plan. No other external lighting shall be erected within site, at any time, other than that approved.

           

            REASON: In the interests of the visual amenities of the area and to ensure that the development does not have an adverse impact upon protected species and there habitat in accordance with Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (July 2021).

 

9          Notwithstanding the approved plans, prior to occupation of the development hereby approved, a non-migratory surface shall have been provided a minimum of 6 metres from the nearside edge of the adjacent highway into the site (access road). Any gates or any other restriction to the passage of vehicles shall be provided a minimum of 6 metres from the nearside edge of the adjacent highway.

 

            REASON:  To ensure the free flow and safety of the surrounding highway network in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

10        Prior to occupation of the dwelling hereby approved, parking provision shall have been made within the site in accordance with the approved plans and shall be retained thereafter for such purposes.        

 

            REASON:  To ensure adequate on site car parking provision for the approved development in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

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

           

            REASON: Details are required prior to occupation because insufficient information has been submitted with the application in this regard, to improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance contained with the Parking Supplementary Planning Document (2018)

 

12        The development hereby approved shall not be occupied until details of refuse storage and collection facilities have been submitted to and approved in writing by the Local Planning Authority. 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, EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Appendix 3 of the Design and Sustainability Supplementary Planning Document 2018.

 

13        Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Harrison Arboriculture Arboricultural Impact Assessment and Method Statement ref: 8614186/29/2020 REV3 dated 08/08/2022, and Tree Protection Plan ref: 8614186/29/2020 AS TPP dated 08/08/2022. No development or other operations shall take place other than in complete accordance with such 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 Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and the National Planning Policy Framework (July 2021).

 

14        The development hereby approved shall be carried out in accordance with the mitigation measures contained within Chapter 6.0 of the submitted flood risk assessment prepared by UK Flood Risk Consultants ref: 1692/2229 v1, dated 25/08/2022. These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/phasing arrangements. The measures shall be retained and maintained thereafter throughout the lifetime of the development.

 

            REASON: To reduce the risk of flooding of the proposed development and future Occupants and to prevent flooding elsewhere in accordance with the National Planning Policy Framework (July 2021) and Policy EM7 of the Basingstoke and Deane Local Plan 2011- 2029.

 

15        No development including site clearance, demolition, ground preparation, construction/widening, material storage or construction works shall commence on site until a plan showing the location of all existing and proposed utility services in relation to the arboricultural constraints on the site has been submitted to and approved in writing by the Local Planning Authority. This shall include gas, electricity, communications, water and drainage. No development or other operations shall take place other than in complete accordance with the Utility Plan.  

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

 

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

 

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

 

17        No deliveries of construction materials or plant and machinery and no removal of any spoil from the site, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.         

 

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

 

18        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 Classes A, B, D, E and F of Part 1 and Class A of Part 2 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 protect the ecological value of the site, to limit flood risks, to prevent an overdevelopment of the site in the interests of amenity and to ensure that the nearby trees of value are protected in accordance with Policies EM1, EM4, EM7 EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and in accordance with the National Planning Policy Framework (July 2021).

 

19        The development herby approved shall not be occupied until a Construction Statement detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, 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.

 

Informative(s):-

 

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

        

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

        

            1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought.  Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

 

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

            

             proactively offering a pre-application advice (in accordance with paragraphs 39 - 46);

             seeking further information following receipt of the application;

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

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

            

             In this instance:

            

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

             additional information was sought from the applicant following receipt of the application;

             sets of amended plans were accepted during the course of the application;

             discussing the merits of the application with applicant throughout the process;

             the use of securing further information though appropriately worded conditions.

            

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

 

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

        

        

 

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

 

6.      The applicant is advised that this permission is only pursuant to the Town and Country Planning Act 1990 and is advised to contact the Planning and Development Manager with regard to the necessary consents applicable under the Building Regulations.

 

 

8. Application – 22/03032/ROC:Variation of conditions 1 and 3 of 21/03763/ROC to substitute drawings and revert to original finish.  Site: Pirates Cottage Tubbs Lane Highclere Newbury

 

The Committee considered the report set out on pages 349 to 368 of the agenda and other matters discussed at the meeting.

 

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

 

Reasons for Approval

 

1          The proposed development, the details of which were submitted and approved through the application reference, 21/03763/ROC - 'Variation of Condition 1 of 20/01664/TDC to amend plan numbers to allow for the addition of an oak frame glazed porch, increase of side extension from single to two storey and general update to design/fenestration', would relate to surrounding development and would not result in significant impacts on the local landscape character or scenic quality of the area. As such the proposal complies with the National Planning Policy Framework (July 2021); Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, and the Design and Sustainability Supplementary Planning Document (July 2018)

 

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

 

3          The development would not cause an adverse impact on highway safety, and adequate parking would be provided to serve the development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018)

 

4          The proposed development would not result in any undue loss of privacy or cause undue overlooking, overshadowing, or overbearing impacts to existing neighbouring properties and as such would comply with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document 2018

           

subject to the following conditions and informatives:-

 

Conditions

 

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

                       

            Location and Block Plan;   

            Proposed Site Plan; 524-P02-A   

            Proposed Floor Plans & Elevations; 524-P03-C

                       

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

 

2          The development hereby permitted shall be begun before 8th July 2025.   

 

            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 submitted plans and submitted schedule of materials.

           

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

 

4          The landscaping shall be installed in accordance with the details submitted and approved under 22/02548/CONDN. 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. These details should also include information on the loss of vegetation to enable the new access to the development and details on what will be planted to restore the vegetation and to ensure there is no visual impact to Tubbs Lane.   

 

            REASON: Details are required because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

5          Boundary treatments to be as details approved under 22/02548/CONDN. The approved screen walls/fences shall be erected before the dwelling hereby approved is 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: 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          Prior to the occupation of the dwelling hereby approved, a Construction Statement detailing how the new residential unit shall meet a water efficiency standard of 110 litres or less per person per day 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.

 

7          The development hereby approved shall be undertaken in adherence with recommendations and procedures stated within the Bat Emergence and Re-Entry Survey (ref R2515/a) by John Wenman Ecological Consultancy dated May 2020.      

 

            REASON: In order to provide precautionary mitigation for protected species including dormice, bats, reptiles and nesting birds and to provide ecological enhancements in order to deliver net gains for biodiversity in line with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

 

8          Prior to the commencement of works protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be installed in accordance with the Arboricultural Impact Assessment and Arboricultural Method Statement dated June 20 written by Stuart Roberts of Assure Trees Arboricultural Consultancy and be retained throughout the development.

           

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

 

9          The area shown on the approved site plan (drawing number P02 Rev A) for the parking and manoeuvring of vehicles for the dwelling shall be provided prior to occupation and reserved for these purposes at all times.

           

            REASON: To ensure adequate on-site car parking provision for the approved development in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

10        No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.

           

            REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 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, 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.

 

12        Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no additional openings shall be inserted in the first floor rear/south west elevation of the building without the prior permission of the Local Planning Authority on an application made for the purpose.      

            REASON: To protect the amenity and privacy of the occupiers of adjoining property in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

13        No part of the development shall be occupied until 2 long term and 1 short term cycle parking facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.

           

            REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

 

14        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 or 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 and to safeguard the amenities of the adjoining properties and trees, in accordance with Policy EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

15        The first 6m of the access track measured from the nearside edge of carriageway of the adjacent highway shall be surfaced in a non-migratory material and thereafter retained and maintained as such.

 

            REASON: To reduce the potential for migratory material entering the highway and to ensure highway safety in accordance with Policy 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:-

            

             proactively offering a pre-application advice (in accordance with paragraphs 39 - 46);

             seeking further information following receipt of the application;

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

             considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 55-58).

            

             In this instance:

            

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

             was provided with pre-application advice;

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

            

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

 

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

 

4.         As stated within the Bat Emergence and Re-entry Survey the property has features that may allow access by bats. As such it is recommended that a soft strip by hand of roof tiles is undertaken and should any evidence of bats be located works should cease immediately and a suitably qualified bat licenced ecologist contacted for advice

 

5.         The Bat Emergence and Re-entry Survey submitted for the Technical Detail Consent (20/01664/TDC) located no evidence of bat roosts and therefore mitigation can be limited to a precautionary approach to construction of stated within the above informative. It is recommended that an integral bat box is included within the new build in order to provide net gains for biodiversity in the terms of enhancements for bats.

 

6.         The applicant's attention is drawn to the provisions of the Wildlife and Countryside Act 1981; this makes it an offence to kill or harm birds or damage or destroy their eggs. To avoid contravening these provisions it would be advisable to avoid carrying out any work that might damage an active bird's nest during the bird breeding season (March to August inclusive).

 

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

 

 

9. Application – 22/03067/FUL: Formation of highway access and erection of 2no two-bed; 3no three-bed; and 1no four-bed houses with garaging, carports, landscaping and associated works.  Site: Land Adjoining Clift Surgery Minchens Lane Bramley Hampshire

 

The Committee considered the report set out on pages 349 to 368 of the agenda and other matters discussed at the meeting.

 

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

 

Some Members agreed with the Landscape Officer comments within the report.  The Officer had raised concerns with the development proposals, due to the density of the development in that edge of settlement location. In combination with the proposed layout, there were concerns that the development would result in an urban appearance.

 

The previous planning history was referred to, where application number 21/02588/TDC for Technical Details Consent was refused by the Development Control Committee on 13/05/22.  Although the appeal was dismissed, it was solely because there was not a signed S106 agreement in place to secure an offsite financial contribution towards the creation and maintenance of biodiversity habitat. 

 

However, The Inspector considered that matters in respect of Landscape and Highway Safety were acceptable. There was also a current signed legal agreement to secure an offsite financial contribution towards the creation and maintenance of biodiversity habitat.

 

RESOLVED that:  the application was APPROVED subject to the conditions listed below and in conjunction with the signed Legal Agreement between the applicant and the Borough Council which secures:

 

·         An offsite financial contribution towards the creation and maintenance of biodiversity habitat

 

 

 subject to the conditions listed below and for the following reasons.

 

Reasons for Approval

 

1          Although located outside of the Settlement Policy Boundary, the proposal would result in the erection of six dwellings in a location that is not considered to be 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 (July 2021) and Policy SD1 of the Basingstoke and Deane Local Plan 2011-2029.

 

2          The proposed development would relate to surrounding development and would not result in significant impacts on the local landscape character or scenic quality of the area. As such the proposal complies with the National Planning Policy Framework (July 2021); Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policies D1 and D2 of the Bramley Neighbourhood Plan (2011-2029) and the Design and Sustainability Supplementary Planning Document (July 2018).

 

3          The development would not cause an adverse impact on highway safety, and adequate parking would be provided to serve the development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (July 2018).

 

4          The proposed development would not result in any undue loss of privacy or cause undue overlooking, overshadowing, or overbearing impacts to existing neighbouring properties and as such would comply with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document (July 2018).

 

5          Adequate drainage (foul and surface water) can be provided for the development and can be adequately controlled through planning conditions and other legislation to ensure that there would be no risk to property or the environment.  The proposal accords with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029, Policy RE1 of the Bramley Neighbourhood Plan 2011-2029 and the National Planning Policy Framework (July 2021).

 

6          The provision of a Section 106 agreement ensures that the development provides adequate infrastructure to mitigate the impact of the development in relation to the biodiversity impacts of the development. The development therefore complies with the National Planning Policy Framework (July 2021); Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029; the Community Infrastructure Levy Regulations 2010 as well as the Council's adopted Landscape, Biodiversity and Trees Supplementary Planning Documents (December 2018).

                

subject to the following conditions and informatives:-

 

Conditions

 

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

                       

            L01 - Location Plan

            1941 01 - Proposed Site Layout  

            02 Rev A - Plots 1 & 2        

            03 Rev A - Plots 3 & 4        

            04 Rev A - Plot 5     

            05 Rev A - Plot 6     

            06 - Plot 5 Car Port

            07 - Plot 6 Garage  

            MPN MLB - Landscape Proposals           

                       

            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 and timber staining (where applicable), 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 the visual amenities of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies D1 and D2 of Bramley Neighbourhood Plan 2011-2029.

 

4          The development hereby approved shall be carried out in strict accordance with the submitted Landscape Design Statement and Landscape Proposals (dwg, no. MPN MLB dated July 2021) and 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. For the avoidance of doubt the details approved extend only to soft landscaping and planting and NOT hard landscaping.

 

            REASON:   In the interests of the amenities of the area and in accordance with the guidance contained within Sections 12 and 16 of the National Planning Policy Framework (July 2021) and Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies D1 and D2 of Bramley Neighbourhood Plan 2011-2029.

 

5          Notwithstanding the submitted information no soft landscaping works shall commence on site until 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. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.      

 

            REASON:   Details are required in the interests of the amenities of the area and in accordance with the guidance contained within Sections 12 and 16 of the National Planning Policy Framework (July 2021) and Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies D1 and D2 of Bramley Neighbourhood Plan 2011-2029.

 

6          Notwithstanding the approved plans no hard landscaping works shall commence on site until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining buildings are first occupied and thereafter maintained in accordance with the details so approved.          

            The details submitted shall accord with the details submitted and approved under condition 14 in relation to surface water drainage.

 

            REASON:  Details are required in the absence of accompanying the application and in the interests of visual amenity and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies D1 and D2 of Bramley Neighbourhood Plan (2011-2029).

 

7          The dwellings hereby approved shall not be occupied until provision for the parking and turning of vehicles, in accordance with the details illustrated on the approved plan (1941 01 - Proposed Site Layout) have been provided. The parking and turning areas shall thereafter be available for use by vehicles and kept free from obstruction throughout the lifetime of the development.           

 

            REASON:   In the interests of highway safety, to ensure convenience of arrangements for parking and turning and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Standards Supplementary Planning Document (July 2018).

 

8          The dwellings hereby approved shall not be occupied until cycle storage provision, in accordance with the details illustrated on the approved plan (1941 01 - Proposed Site Layout) has been provided. Thereafter the cycle storage areas shall be thereafter retained and maintained in accordance with the approved details.       

 

            REASON:  To ensure adequate cycle provision and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.                   

 

9          The dwellings hereby approved shall not be occupied until the refuse/recycling storage provision and collection points (in accordance with the details illustrates on the approved plan (1941 01 - Proposed Site Layout) have been provided. Thereafter the refuse/recycling storage and collection areas shall be thereafter retained and maintained in accordance with the approved details.          

 

            REASON:   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.

 

10        The development hereby approved shall be carried out in strict accordance with the protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions as set out within the Arboricultural Method Statement produced by A J Monk Consulting dated June 2021 and the Tree Constraints Plan dated September 2019.

           

            REASON:  To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (July 2021) and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and Policy RE3 of Bramley Neighbourhood Plan 2011-2029.            

           

11        Prior to the commencement of the development hereby approved, a Biodiversity Enhancement & Management Plan (BEMP) shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall deliver a minimum of 0.83 Habitat Biodiversity Units and 2.91 Hedgerow Biodiversity Units. The BEMP will include the results of the Biodiversity Metric by peach Ecology dated January 2022 and provision of enhancements for biodiversity as described within the Preliminary ecological assessment by Peach Ecology dated July 2021 in addition to 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 longterm 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 BEMP will be implemented in accordance with the approved details.

           

            REASON:   To help compensate for habitat loss resulting from the development and help to maintain the biodiversity of the area in the long term, in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029, Policy RE3 of Bramley Neighbourhood Plan 2011-2029 and the guidance contained within the National Planning Policy Framework (July 2021).

 

12        The development hereby approved shall be carried out in strict accordance with the recommendations and procedures contained within Chapter 5 Recommendations and Procedures of the Ecological Appraisal by Peach Ecology dated July 2021.

           

            REASON:   In order to prevent adverse impacts on protected species including bats, dormice, nesting birds and reptiles in line with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029, Policy RE3 of Bramley Neighbourhood Plan 2011-2029 and protection under the Conservation of Habitats and Species Regulations 2017 (Amended) and The Wildlife and Countryside Act 1981(Amended).

 

13        No development shall take place, (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall include scaled drawings illustrating the provision for :          

                       

            1) The parking of site operatives and visitors vehicles

            2) Loading and unloading of plant and materials          

            3) Management of construction traffic and access routes       

            4) Storage of plant and materials used in constructing the development     

            5) Wheel washing facilities           

                       

            REASON:   In the interests of highway safety, to ensure convenience of arrangements for parking and turning of contractor and operative vehicles throughout construction of the development and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

 

14        No development shall commence on site until details of the works for the disposal of surface water have been submitted to and approved in writing by the Local Planning Authority. The scheme shall demonstrate that the surface water WILL NOT be discharged to the public network.        

            The dwellings shall not be occupied until the approved surface water drainage details have been fully implemented in accordance with the approved plans. The development shall be maintained thereafter in accordance with the approved details.        

 

            REASON:  In the absence of sufficient and precise details of the proposed surface water drainage mechanism within the planning submission, it is necessary for further information to be submitted which ensures the proposal is provided with a satisfactory means of drainage. The information is requested prior to works commencing at the site in order to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029, Policy RE1 of the Bramley Neighbourhood Plan 2011-2029 and the National Planning Policy Framework (July 2021).

 

15        The development hereby approved shall be in accordance with the submitted flood risk provisions as recommended within the submitted Flood Risk Assessment produced by STM Environmental Consultants Ltd dated 22/06/2021 (reference: STM-2021-000085 Version 1.0).   

 

            REASON:   To ensure adequate provision has been taken in regard to flooding; and in accordance Policy EM7 of the Basingstoke and Deane Borough Local Plan 2011-2029 Policy RE1 of the Bramley Neighbourhood Plan 2011-2029 and the National Planning Policy Framework (July 2021).     

           

16        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 or less per person per day shall be submitted to and approved in writing by the Local Planning Authority. If this is not possible then it must be justified 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.     

             

17        A minimum of one of the dwellings hereby approved shall be built to accessible and adaptable standards. No development above slab level shall commence on site until details of which properties property are is 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.

 

18        No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays, unless otherwise agreed in writing by the Local Planning Authority.        

 

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

 

19        No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays, unless otherwise agreed in writing by the Local Planning Authority.

           

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

 

20        Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no building, structure or other alteration permitted by Class A; AA; B; C; D; or E; of Part 1; of Schedule 2 of the Order shall be erected on the application site.

 

            REASON:   To prevent the overdevelopment of the site in the interests of the visual amenity of the area and to safeguard the character of the local landscape, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies D1 and D2 of Bramley Neighbourhood Plan 2011-2029.

 

21        The ground floor and first floor windows in the side elevations of the development hereby approved, serving the bathrooms and WC's shall:       

            (a) be glazed with obscured glass, to at least the equivalent of Pilkington level 4 standard;            

            (b) be permanently fixed closed below a height of 1.7m above finished floor level,           

            and shall thereafter be retained in that form.     

 

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

 

22        No development shall commence on site until details of the works for the disposal of foul drainage have been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water.             

            The dwellings shall not be occupied until the approved foul drainage details have been fully implemented in accordance with the approved plans.

            The development shall be maintained thereafter in accordance with the approved details.

           

            REASON:  In the absence of sufficient and precise details of the proposed foul water drainage mechanism within the planning submission, it is necessary for further information to be submitted which ensures the proposal is provided with a satisfactory means of foul drainage. The information is requested prior to works commencing at the site in order to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policies CN6, EM6, EM7 and EM12 of the Basingstoke and Deane Local Plan 2011-2029, Policy RE1 of the Bramley Neighbourhood Plan 2011-2029 and the National Planning Policy Framework (July 2021).

 

Informative(s):-

 

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

        

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

        

             1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought.  Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

 

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

            

             proactively offering a pre-application advice (in accordance with paragraphs 39 - 46);

             considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 55-58).

            

             In this instance:

            

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

            

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

 

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

 

4.         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 be found on the council's website.

 

5.         The applicant is advised that where discharges are proposed to a public sewer, prior approval from Thames Water Developer Services will be required with further information available at https://developers.thameswater.co.uk/Developing-a-large-site/Apply-and-pay-for-services/Wastewater-services.

 

6.         Before undertaking any work which affects a public highway (including a public right of way) you must obtain specific written approval from the Director of Economy, Transport and Environment at Hampshire County Council and enter into or secure any necessary legal agreements or consents to enable the works on a public highway to proceed. It is an offence to carry out unauthorised works on a public highway. This requirement applies not only to the creation of new vehicle accesses involving excavation within a footway, verge or carriageway but also to the stopping of existing access(es) or other works on or to the public highway. For further information, please contact [email protected].

 

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

        

8.         Should any discoloured or odorous soils be encountered during development works or should any hazardous materials or significant quantities of made ground be found, then all development works should be stopped, the Local Planning Authority contacted and a scheme 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. Following the completion of development works and prior to the first occupation of the site, sufficient information must be submitted to demonstrate that any required remedial measures were satisfactorily implemented or confirmation provided that no unexpected contamination was encountered.

 

9.         With regard to condition 14 above the applicant is advised to review the comments made by Thames Water in relation to surface water drainage.