Basingstoke & Dean Borough Council Development Control Committee Meeting

Councillor Bowes replaced Councillor Hussey

Councillor Minas Bound replaced Councillor Miller

There were no declarations of interest.

There were no urgent matters.

The Chair confirmed that the minutes of the meetings held on the 12^th June 2024 were confirmed by the Committee as a correct record.

The following Public Participation took place:

1.   Application - 20/03209/FUL: Erection of 2no. dwellings with associated parking.  Site Land At OS Ref 457545 162183 Brimpton Road Baughurst Hampshire

The Committee considered the report set out on pages 47 to 101 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 acknowledged and agreed with the robust reasons for refusal contained within the officer report.

RESOLVED that:  subject to the expiry of the consultation period with no new material planning matters being raised the application be REFUSED for the following reasons:

Reasons for Refusal

1        The proposed development would result in the erection of a new dwelling outside of the Settlement Policy Boundary, within the countryside and is not considered to represent a sustainable form of development.  The proposals are therefore contrary, Policies SD1, SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029 and Sections 2 and 5 of the National Planning Policy Framework (2023) (NPPF).

2        The proposed development would result in harm to Great Crested Newts which are protected species. The proposal would fail to meet the 3 derogations test set out in regard to obtaining a license from Natural England and would therefore be contrary to Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Conservation of Habitats and Species Regulations 2017.

3        The scale and siting of the proposed development does not respond well to the site and is likely to lead to the loss of trees which make a positive contribution to the local landscape. This is contrary to the National Planning Policy Framework (December 2023) which seeks to secure high quality design and good standard of amenity for all existing and future occupants of land and buildings. Accordingly, the proposal would be contrary to criteria (b) and (e) of Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and the aims of the National Planning Policy Framework (2023).

4        The proposal would not allow for a 20-metre biodiversity buffer between woodland and the proposed development. Accordingly, the proposal is contrary to the National Planning Policy Framework (December 2023), Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011- 2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

5        The biodiversity environments proposed under the Biodiversity Net Gain (BNG) would form part of the properties gardens and therefore there will be no mechanism to ensure that they are managed prescriptively or be secured in the long term.  As a result it is considered the development will not deliver the biodiversity net gain quoted.   Accordingly, the proposal is contrary to the National Planning Policy Framework (December 2023), Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029, and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

6        The siting of the proposed dwellings in relation to the adjacent trees immediately surrounding the plot would result in a level of daylight and sunlight reaching the rear of the proposed dwellings to fall below acceptable levels. This would result in poor quality private open space that would not be appropriate for the needs of future occupants. The proposal is contrary to the National Planning Policy Framework (December 2023), Policies EM10 of the Basingstoke and Deane Local Plan 2011-2029, and guidance contained within the Design and Sustainability Supplementary Planning Document (2018).

Informative(s):-

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

          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.

2. Application - 23/02798/FUL: Erection of a 3 bedroom dwellinghouse and garage on garden land.  Site: Alderbrook House Union Lane Kingsclere Hampshire

The Committee considered the report set out on pages 102 to 142 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 area of discussion was whether the proposal was in an isolated location within the countryside which resulted in mixed views.

Some Members were hesitant that the site was in an area at risk of flooding (surface water and historic flooding) due to their local knowledge.

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

Reasons for Refusal

1        The proposed development is in an isolated location within the countryside and fails to meet the criteria set out within the countryside exceptions policies, specifically Policy SS6a) and e) of the Basingstoke and Deane Local Plan 2011-2029. The proposal is therefore not considered to represent a sustainable form of development as set out in Policies SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029, K1 of the Kingsclere Neighbourhood Plan 2011-2029 and the National Planning Policy Framework (2023). There is no justification for departing from the Development Plan or the National Planning Policy Framework (2023).

2        The proposed development would, through the introduction of residential paraphernalia and built form on agricultural land, be overly prominent and out of keeping with the tranquil rural character of the area. The character of the area is sporadic development with large detached properties nearby in amongst open agricultural fields, and the introduction of a dwelling on this site would represent an incongruous form of development which would be seen within the open character of the area and compete with the existing dwelling on site, exacerbated by the bulk, scale and massing proposed. As such, the development would not be sympathetic nor enhance the rural character or visual amenities of the area and does not successfully integrate within the landscape and surrounds. The proposal would therefore negatively impact the landscape in which it would be contained which is considered to be a Valued Landscape. The proposed development is therefore contrary to, Polices EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, K4 of the Kingsclere Neighbourhood Plan 2011-2029, the Design and Sustainability Supplementary Planning Document 2018 and Sections 12 and 15 of the National Planning Policy Framework (2023).

3        The site is in an area at risk of flooding (surface water and historic flooding) and insufficient information has been provided to demonstrate that the proposal would represent an acceptable form of development having regard to flood risk at the site.  The application is therefore considered contrary to Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.  It would also fail to accord with paragraphs 159 and 162 of the National Planning Policy Framework (2023) which state that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas of highest risk and that the sequential test should steer new development to areas with the lowest risk of flooding from any source.

Informative(s):-

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

          seeking further information following receipt of the application.

          In this instance:

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

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

3.   Application - 24/00191/FUL: Land At Wolverton Road Baughurst Hampshire.  Site: Erection of a self-build dwelling with associated landscaping and biodiversity enhancements

The application had been withdrawn prior to the meeting.

RESOLVED that:  the application be WITHDRAWN by the applicant prior to the meeting.

4.       Application - 24/00202/ROC:  Variation of conditions 18 and 31 of 22/00437/ROC to allow amendments to the opening hours.  Site: Sungrove Farm, Abbey Wells Road East End Hampshire

The Committee considered the report set out on pages 190 to 237 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 which resulted in mixed views.

Members highlighted the importance of the site viewing for the application and it demonstrated how narrow the roads were.  However, it was suggested that the residents use the roads without incident and the extension of the hours of operation was to give the diners additional time to enjoy their food and not to necessarily increase footfall.

It was established that there were no speakers on the patio to cause any noise disturbance and the bins were also located away from the neighboring properties.

Some concern was expressed that the original application had been for a daytime venue which was now creeping into the evenings, and it could be intrusive and have an adverse impact on a quiet rural area.

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

Conditions

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

          Site Location Plan - drawing no PP3      

          Proposed Replacement Accommodation Plans (TRS121_DW_GA_100)   

          Proposed Replacement Accommodation Elevations (TRS_121_DW_GA_200)

          Proposed Main Building Plans (TRS121_MB_GA_100)        

          Proposed Main Building Elevations (TRS121_MB_GA_200)

          Proposed Site Plan (TRS121_SITE_GA_001)  

          Proposed Plan Horticultural Barn Ground Floor Plan (TRS121_HB_GA_100)    

          Proposed Horticulture Barn Elevation - Sheet 01 (TRS121_HB_GA_200)    

          Proposed Horticulture Barn Elevation - Sheet 02 (TRS121_HB_GA_201)    

          Proposed Livestock Barn Floor Plan (TRS121_LB_GA_100)

          Proposed Livestock Barn Elevations - Sheet 01 (TRS121_LB_GA_200)          

          Proposed Livestock Barn Elevations - Sheet 02 (TRS121_LB_GA_201)          

          Proposed Acoustic Screen - received 02 September 2020    

          Landscape Masterplan - drawing no. 3 Rev K  

          Landscape Context - drawing no. 4 D    

          External Lighting Plan - drawing no 5 Rev D    

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

2        The development shall be carried out in accordance with the Tree Planting Plan approved by the Local Planning Authority on 18/11/2021 under 21/02357/CONDN and thereafter maintained in accordance with the details so approved.    

          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, Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and Policies NE1 and NE5 of the East Woodhay Neighbourhood Plan 2022-2029. 

3        The development shall be carried out in accordance with the surface water drainage scheme approved by the Local Planning Authority on 18/11/2021 under 21/03448/CONDN and thereafter maintained in accordance with the details so approved.

          REASON:   To ensure that sustainable drainage systems are used to prevent flooding in in accordance with the National Planning Policy Framework and Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011- 2029.

4        The development shall be carried out in accordance with the Arboricultural Method Statement details approved by the Local Planning Authority on 18/11/2021 under 21/02357/CONDN.

          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, Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and Policies NE1 and NE5 of the East Woodhay Neighbourhood Plan 2022-2029.

5        The development shall be carried out in accordance with the Tree Planting Plan approved by the Local Planning Authority on 18/11/2021 under 21/02357/CONDN and thereafter maintained in accordance with the details so approved.    

          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, Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and Policies NE1 and NE5 of the East Woodhay Neighbourhood Plan 2022-2029.

6        The development shall be carried out in accordance with the Contaminated Land report and Remediation Scheme approved by the Local Planning Authority on 20/01/2022 under 21/02344/CONDN.  

          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.

7        The development shall be carried out in accordance with the Biodiversity Management Plan approved by the Local Planning Authority on 18/11/2021 under 21/02357/CONDN and thereafter maintained in accordance with the details so approved.

          REASON:  To secure the protection of species protected under The Conservation of Habitats and Species Regulations 2017, The Wildlife and Countryside Act 1981 and in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy NE4 of the East Woodhay Neighbourhood Plan 2022-2029.        

8        The development shall be carried out in accordance with the recommendations and procedures contained within the following:   

          - Chapter 4 "Evaluation and Recommendations" of the Great Crested Newt Survey by HDA dated September 2019.  

          - Chapter 5 "Recommendations" of the Bat Survey Report by HDA dated September 2019.    

          - Chapter 5 Recommendations" of the Dormouse Survey Report by HDA dated December 2019.       

          - Chapter 5 Recommendations" of the Reptile Survey Report by HDA dated September 2019.    

          REASON:  In order to undertake a precautionary approach to site clearance, to provide mitigation and enhancements for protected species and ensure the delivery of measurable net gains for biodiversity, in accordance with the Conservation of Habitats and Species Regulations 2017, the National Planning Policy Framework, Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029 and Policy NE4 of the East Woodhay Neighbourhood Plan 2022-2029.

9        The development shall be carried out in accordance with the Reptile Mitigation Method Statement approved by the Local Planning Authority on 18/11/2021 under 21/02357/CONDN.         

          REASON:   In order to undertake a precautionary approach to vegetation clearance with regard to reptiles prior to works commencing and in order to present enhancements for reptiles, a key species, in accordance with the Conservation of Habitats and Species Regulations 2017, the National Planning Policy Framework, Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029 and Policy NE4 of the East Woodhay Neighbourhood Plan 2022-2029.

10      The development shall be carried out in accordance with the of the types and colours of external materials to be used approved by the Local Planning Authority on 23/09/2021 under 21/02395/CONDN and thereafter maintained in accordance with the details so approved.

          REASON:   In the interests of the visual amenities of the area and in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policies NE1, H01, H02, HE1 and HE2 of the East Woodhay Neighbourhood Plan 2022-2029. 

11      The development shall be carried out in accordance with the hard and soft landscaping plans approved by the Local Planning Authority on 18/11/2021 under 21/02357/CONDN and thereafter maintained in accordance with the details so approved.

          REASON:  To ensure the provision, establishment and maintenance of a high standard of landscape in accordance with the approved landscape masterplan, in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policies NE1, H01 and H02 of the East Woodhay Neighbourhood Plan 2022-2029.

12      The development shall be carried out in accordance with the landscape management and maintenance scheme approved by the Local Planning Authority on 18/11/2021 under 21/02357/CONDN and thereafter maintained in accordance with the details so approved.

          REASON:   To ensure that the landscaping is appropriately implemented to allow the successful establishment of planting and is maintained in perpetuity in the interests of the character and appearance of the area and to maintain an enhanced level of biodiversity in accordance with Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policies NE1, NE4, NE5, H01 and H02 of the East Woodhay Neighbourhood Plan 2022-2029.

13      The development shall be carried out in accordance with all recommendations outlined in the:          

          - Air Quality Statement - Revision E       

          - Lighting Impact Assessment 1401-DFL-LIA-001       

          - Noise Impact Assessment - Rev No.2 (dated 26 January 2024 Ref:13150.RP01.NIA.2)    

          - Noise Management Policy (received 15 April 2024). 

          REASON:   To ensure that the buildings, structures and plant are adequately sound proofed in the interests of the amenities of the occupants of nearby premises, in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policy NE3 of the East Woodhay Neighbourhood Plan 2022-2029.

14      The development shall be carried out in accordance with the scheme for the arrangements for internal air extraction, odour control, and discharge to atmosphere from cooking operations, including any external ducting and flues, and external plant and machinery for heating, cooling and ventilation approved by the Local Planning Authority on 25/01/2022 under 21/03733/CONDN and thereafter maintained in accordance with the details so approved.        

          REASON:  To protect the residential amenity of nearby receptors and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

15      The rating level of sound emitted from any fixed plant, machinery or deliveries associated with the mixed-use building shall not exceed background sound levels between the hours of 0700-2200 (taken as a 15 minute LA90 at the nearest sound sensitive premises) and shall be no greater than 5dB below the background sound level between 2200-0700 (taken as a 15 minute LA90 at the nearest noise sensitive premises). All measurements shall be made in accordance with the methodology of BS4142: 2014 Methods for rating and assessing industrial and commercial sound and/or its subsequent amendments. Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property. Any deviations from the LA90 time interval stipulated above shall be agreed in writing with the Local Planning Authority.

          REASON:  To ensure that acceptable noise levels within the dwellings and amenity areas 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.

16      The approved visibility splays of 2.4m x 36m to the south and 2.4m x 41m to the north of the site access shall be retained, including the clearance of any structure and vegetation between 1m and 3m above the level of the adjacent carriageway. These splays shall be maintained in accordance with these requirements at all times thereafter.

          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 TT1 of the East Woodhay Neighbourhood Plan 2022-2029.

17      The gates or other obstruction to the passage of vehicles shall be retained and set back a minimum of 12m as measured from the nearside edge of the adjacent highway. Any gates shall remain in this position at all times thereafter.     

          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 TT1 of the East Woodhay Neighbourhood Plan 2022-2029.  

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 change of use permitted by Classes A, C, D, G, H, J, M, Q, R, S and V of Part 3 of Schedule 2 of the Order shall take place on the application site.   

          REASON:  The change of use permitted by Classes A, C, D, G, H, J, M, Q, R, S and V may not be acceptable to the Local Planning Authority, having regard to the site's location and in accordance with Policies EM1, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policies NE1, H02, HE1 and HE2 of the East Woodhay Neighbourhood Plan 2022-2029.

19      The occupation of the replacement dwelling hereby approved shall be limited to a person solely or mainly working, or last working, in the locality in agriculture as defined in Section 336(1) of the Town and Country Planning Act 1990, or a widow or widower of such a person, and to any resident dependants.

          REASON:   The site is in an area where new dwellings are not normally permitted except where there is an overriding need in the interests of agriculture or forestry in accordance with the advice contained within the National Planning Policy Framework (Dec 2023) and Policy SS6 of the Basingstoke and Deane Local Plan 2011-2029.

20      The development shall be carried out in accordance with the scheme for the storage (prior to disposal) and collection of refuse and recycling, provided within the curtilage of the site, for the dwelling and mixed-use building approved by the Local Planning Authority on 18/11/2021 under 21/02549/CONDN and thereafter maintained in accordance with the details so approved.         

          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 Policy CN9 and EM10 of the adopted Basingstoke and Deane Local Plan 2011-2029 and Policy TT1 of the East Woodhay Neighbourhood Plan 2022-2029.

21      The development shall be carried out in accordance with the details of the long and short stay cycle store facilities approved by the Local Planning Authority on 18/11/2021 under 21/02549/CONDN 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 promoting sustainable modes of transport in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy TT1 of the East Woodhay Neighbourhood Plan 2022-2029.         

22      The replacement dwelling shall be carried out in accordance with the Construction Statement which details how it meets a water efficiency standard approved by the Local Planning Authority on 20/07/2021 under 21/02345/CONDN and thereafter maintained in accordance with the details so approved.

          REASON:   To ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.

23      The car parking facilities shall be retained in accordance with the site plan approved under 19/02956/FUL (drawing no 6 C). The car parking provided shall thereafter be kept available at all times for the intended use.   

          REASON:  To ensure the permanent availability of sufficient parking and manoeuvring area within the development in the interests of highway safety and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy TT1 of the East Woodhay Neighbourhood Plan 2022-2029.

24      The mixed-use building shall only be open during the following hours:                   

          Shall not open before 08:00 hours or remain open after 19:00 hours on Mondays;     

          Shall not open before 08:00 hours or remain open after 19:00 hours on Tuesdays;    

          Shall not open before 08:00 hours or remain open after 22:00 hours on Wednesdays;         

          Shall not open before 08:00 hours or remain open after 22:00 hours on Thursdays;   

          Shall not open before 08:00 hours or remain open after 22:30 hours on Fridays;       

          Shall not open before 09:00 hours or remain open after 22:30 hours on Saturdays;   

          Shall not open before 10:00 hours or remain open after 17:00 hours on Sundays.     

          The external terrace shall only be open during the following hours: 

          Shall not open before 08:00 hours or remain open after 19:00 hours on Mondays;     

          Shall not open before 08:00 hours or remain open after 19:00 hours on Tuesdays;    

          Shall not open before 08:00 hours or remain open after 20:00 hours on Wednesdays;         

          Shall not open before 08:00 hours or remain open after 20:00 hours on Thursdays;   

          Shall not open before 08:00 hours or remain open after 20:00 hours on Fridays;       

          Shall not open before 09:00 hours or remain open after 20:00 hours on Saturdays;   

          Shall not open before 10:00 hours or remain open after 17:00 hours on Sundays.     

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

25      No deliveries to the mixed-use building shall take place before 07:00 hours or after 19:00 hours Monday to Saturday.  There shall be no deliveries on a Sunday. 

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

26      The development shall be carried out in accordance with the Delivery and Service Management Plan approved by the Local Planning Authority on 02/12/2022 under 22/03211/CONDN and thereafter maintained in accordance with the details so approved.        

          REASON:   To ensure that the servicing of the site will operate without adverse interference to the highway network and would minimise noise impacts in accordance with Policies CN9, EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policy TT1 of the East Woodhay Neighbourhood Plan 2022-2029.

Informative(s):-

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

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

          1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . 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.        The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.

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

          considering the imposition of conditions;

          requesting revised information.

          In this instance:

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

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

5.        Application - 24/00631/ADV: Display of wooden cat sign on top of the fence.  Site: Cob Cottage Aldermaston Road Pamber End Hampshire

The Committee considered the report set out on pages 238 to 260 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 as the sign would now be situated on top of the fence rather than the grass verge Members were supportive of the proposal.

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

Conditions

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

          Location Plan Dated / Date Received: 18th March 2024       

          Block Plan Date Received: 17th April 2024      

          Site Plan Date Received: 17th April 2024         

          Proposed sign elevation image Date Received: 18th March 2024    

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

2        a)       Any advertisements displayed and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.  

          b)       Any hoarding or similar structure, or any sign, placard, board or device erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.        

          c)       Where any advertisement is required under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 to be removed, the removal thereof shall be carried out to the reasonable satisfaction of the Local Planning Authority.        

          d)       No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.        

          e)       No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military). 

          REASON:  As required by the provisions of the Town and Country Planning (Control of Advertisements) Regulations.

3        This consent shall be for a limited period of five years from the date of this notice.   

          REASON:   As required by the provisions of the Town and Country Planning (Control of Advertisements) Regulations.

4        The sign hereby consented shall not be illuminated.   

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

Informative(s):-

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

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

          1.3  The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

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

          seeking further information following receipt of the application;

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

          considering the imposition of conditions.

          In this instance:

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

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

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

The purpose of this report was for Members to consider the removal of a Section 52 (S52) legal agreement attached to the planning permission granted under reference BDB/28693 at The Cottage at Malthouse Farm, Ecchinswell Road, Ecchinswell, Newbury, Hampshire, RG20 4TT.  Planning permission was granted on the 18 April 1990 for the ‘Extensions and alterations to farmhouse and change of use of farm office to staff accommodation’.

The planning permission was subject to a Section 52 agreement which restricted the occupation of the building to staff employed in relation to Malthouse Farm only.  An application had subsequently been received to remove the Section 52 agreement on the basis that the legal agreement no longer serves a useful purpose, due to the approval of a certificate of lawful existing use demonstrating that the property had been occupied independently.

RESOLVED:  Subject to completion of a deed of discharge to remove the Section 52 legal agreement in its entirety which restricts the occupancy of the property to staff employed in relation to Malthouse Farm only.