Basingstoke & Dean Borough Council
Councillors:
54
Wards:
18
Committees:
22
Meetings (2025):
67
Meetings (2024):
72
Meeting
Development Control Committee - Basingstoke & Dean
Meeting Times
Scheduled Time
Start:
Wednesday, 7th August 2024
6:30 PM
Wednesday, 7th August 2024
6:30 PM
End:
Wednesday, 7th August 2024
9:30 PM
Wednesday, 7th August 2024
9:30 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
07 Aug 2024
07 Aug 2024
Location:
Council Chamber - Deanes
Council Chamber - Deanes
Webcast:
Available
Available
Meeting Attendees
Chair
Chair of the Development Control Committee
Committee Member
Vice-Chair of Human Resources Committee
Vice-Chair
Chair of the Investigating and Disciplinary and Standards Appeals Committee
Committee Member
Mayor
Reserve
Chair of the Human Resources Committee
Officer
Assistant Planning Manager
Katherine Fitzherbert-Green
Expected
Officer
Lisa Souden
Expected
Officer
Sue Tarvit
Expected
Reserve
Leader of the Conservative Group
Committee Member
Guest
Cabinet Member for Communities, Partnerships and Inclusion
Agenda
1
Apologies for absence and substitutions
Minutes
Councillor Minas-Bound replaced Councillor Miller.
Councillor J Jones sent his apologies.
Councillor J Jones sent his apologies.
2
Declarations of interest
Minutes
There were no declarations of interest.
3
Urgent matters
To consider any items of business, other than those shown on this agenda and which, by reason of special circumstances to be stated at the meeting, in the opinion of the Chairman, should be considered at the meeting as a matter of urgency
Minutes
There were no urgent matters.
4
Minutes of the meeting held on the 10th July 2024
The Chair will move that the minutes of the meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.
Attachments:
- Document Minutes of the meeting held on the 10th July 2024 29 Jul 2024
Minutes
The Chair confirmed that the minutes of the meetings held on the 10th July 2024 were confirmed by the Committee as a correct record.
5
Applications for planning permission and public participation thereon
This report details the planning applications to the Committee for consideration and decision.
Contact Officer: Planning and Development Manager
Wards Affected: Brighton Hill, Evingar, Oakley & The Candovers, Tadley North, Kingsclere & Baughurst
Contact Officer: Planning and Development Manager
Wards Affected: Brighton Hill, Evingar, Oakley & The Candovers, Tadley North, Kingsclere & Baughurst
Attachments:
- Document Report 29 Jul 2024
- Document Index 29 Jul 2024
- Document Applications 29 Jul 2024
- Document 07 08 2024 Update Frontsheet 29 Jul 2024
- Document Update 07 08 2024 29 Jul 2024
Minutes
The following Public Participation took place:
Interest
Name
Item No./Topic
Objector
Ms England
Item 1 – 23/01869/FUL
Support
Mr Pattie
Item 1 – 23/01869/FUL
Councillor
McKay
Item 1 – 23/01869/FUL
Support
Mr Battersby
Item 3 – 23/02415/RES
Support
Mr Jubb
Item 4 – 23/02923/OUT
Support
Mr Lawrence
Item 4 – 23/02923/OUT
Support
Mr Rhatigan
Item 4 – 23/02923/OUT
Support
Mr Pettitt
Item 5 – 24/00140/FUL
Support
Mr Rhatigan
Item 5 – 24/00140/FUL
Support
Mr Farrell
Item 5 – 24/00140/FUL
1. Application - 23/01869/FUL: Change of use of site for production of Lithium Chloride (LiCl) (Use Class Sui Generis) and works including a vehicular tanker offloading shelter with integral concrete bund; Bulk acid storage, consisting of 4 off proprietary self bunded tanks, located within a concrete bund; A fume scrubber and a process scrubber with a vent stack reaching 3m above the existing building roof height; A drivers WC; An electrical distribution & control room kiosk; Creation of mezzanine floors; Various associated works including pipes, pipe racks, instruments, valves and pump/motor sets. Site: 1 St Modwen Park Jays Close Basingstoke Hampshire
The Committee considered the report set out on pages 31 of 66 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.
Although there were concerns from residents of the potential issues in the future, the Committee were satisfied that all the objections had been answered within the report. In addition, the committee considered that all the required permits and hazardous substances assessments had been carried out and noted that the Environmental Agency and Fire Brigade had also been consulted and raised no objection, the Health and Safety Executive had confirmed that none of the substances utilised are considered hazardous and as such the Members were content all the criteria had been met.
On balance Members considered that the site was safe and there were no sufficient planning reasons to refuse the application.
Members requested an additional condition in relation to the hours of operation to be restricted to 6am to 9 pm Monday to Friday and an informative to establish a Liaison Panel.
RESOLVED that: the application be APPROVED subject to the following conditions and informatives: -
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
· Leverton Helm Bulk Storage Tanks Plan Site Location Plan - drawing no.1567-GAD-4002 Rev 3
· Leverton Helm Bulk Storage Tanks Plan Existing and proposed site - drawing no.1567-GAD-4004 Rev 5
· Leverton Helm Bulk Storage Tanks North Elevation View Exg and Proposed - drawing no.1567-GAD-4005 Rev 4
· Leverton Helm Bulk Storage Tanks East Elevation View Exg and Proposed - drawing no.1567-GAD-4006 Rev 4
· Leverton Helm Bulk Storage Tanks South Elevation View Exg and Proposed - drawing no.1567-GAD-4007 Rev 4
· Leverton Helm Bulk Storage Tanks West Elevation View Exg and Proposed - drawing no.1567-GAD-4008 Rev 4
· Leverton Helm Bulk Storage Tanks Plan Proposed site - drawing no.1567-GAD-4003 Rev 5
· Unit 1 - Building Layout - drawing no.17134 D1101 Rev D
· Mezzaninne Floor - drawing no HMF9745 Rev E
· MCC Kiosk - drawing no.2800x8000x3500 Rev0
· Steels Mains Toilet - drawing no. QF-716 Rev 0
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 production of electric vehicle (EV) batteries, batteries, cathode material or Lithium Metal shall take place on-site.
REASON: In the interests of the amenities of the occupants of nearby premises and by Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
4 No development shall take place until a site-specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to:
· Procedures for maintaining good public relations including complaint management, public consultation and liaison.
· Arrangements for liaison with the Council's Environmental Protection Team.
· All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 0730 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and at no time on Sundays and Bank Holidays.
· Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.
· Mitigation measures as defined in BS 5528: Parts 1 and 2: (2009) Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.
· Procedures for emergency deviation of the agreed working hours.
· Control measures for dust and other air-borne pollutants.
· Measures for controlling the use of site lighting whether required for safe working or for security purposes.
The development shall be carried out in accordance with the approved Construction Environmental Management Plan.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
5 The drainage system shall be constructed in accordance with the approved documents:
· Drainage Strategy Technical Note (dated 26th May 2023) reference no. 23191-JUBB-XX-XX-RP-C-001 rev P1
· Source, Pathway, Receptor Assessment (dated 15.04.24) reference no. 22-001-RA-8001-004
Any changes to the approved documentation must be submitted to and approved in writing by Local Planning Authority. Any revised details submitted for approval must include a technical summary highlighting any changes, updated detailed drainage drawings and detailed drainage calculations. The development shall be carried out in accordance with any revised details approved by the Local Planning Authority.
REASON: To ensure the satisfactory maintenance of drainage systems and to ensure that there is no flood risk on or off site resulting from the proposed development, in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011- 2029 and the National Planning Policy Framework (December 2023).
6 The uses hereby permitted shall not operate unless the proposed odour abatement measures as set out in the odour assessment produced by Odour Consultants Kalaco Group Ltd titled 'Odour Assessment: Jays Close, Basingstoke' dated 17 November 2023 (reference ODC_P1020A_A1-1 rev 01) and detailed on the approved drawings as secured within Condition 1 have been installed in accordance with the manufacturer’s details.
REASON: In the interests of the amenities of the occupants of nearby premises and by Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
7 The proposed process scrubber stack 126500 hereby by approved shall be finished with a matt material.
REASON: In the interests of visual amenity and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
8 No additional mezzanine floors or additional floorspace shall be erected within the building without the prior written permission of the Local Planning Authority on an application made for that purpose.
REASON: To ensure satisfactory access, manoeuvring and parking in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Parking Supplementary Parking Document (2018).
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) no building, structure or other alteration permitted by Class H or J of Part 7 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, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
10 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) and whether or not development no storage shall take place on the site apart from inside the existing building (Unit one as shown on drawing Proposed Bulk Acid Tank Site Plan - drawing no.1567-GAD-4003 Rev 5) hereby approved.
REASON: To prevent the overdevelopment of the site in the interests of the amenity of the area and highway safety in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
11 No external lights shall be installed until details of any proposed lighting design plans have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall comply with the Institution of Lighting Professionals Guidance Note for the reduction of obtrusive light 2011 (or any such later version), have regard to lighting guidelines produced by the Bat Conservation Trust, comprise the minimum level of lighting needed for security and operational processes, and be designed to minimise pollution caused by glare and spillage. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Opportunities exist for bats to be using the site for commuting and foraging. These species are protected under the Wildlife and Countryside Act 1981 and are a material consideration under Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
12 Prior to first operation of the use hereby permitted, a Construction Statement detailing how the new building shall achieve a BREEAM 'excellent' standard for water consumption 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 and maintained thereafter.
REASON: In the absence of details being submitted to accompany the planning application, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.
13 Within 1 month of the use hereby approved being commissioned a post completion noise assessment shall be carried out and submitted in writing to the Local Planning Authority to verify that the cumulative rated noise level from the plant and equipment hereby approved is no greater than the existing background noise level at the most sensitive period when the plant will be operated (e.g. evening, nights and weekends).
A method statement shall be submitted to and approved by the Local Planning Authority prior to the survey being undertaken.
The noise assessment shall be carried out by a suitably qualified acoustic consultant/engineer and be undertaken in accordance with BS4142:2014+A1:2019.
Where the above criterion is not met it will be necessary to identify and install additional noise mitigation measures.
REASON: To ensure that acceptable noise levels within the neighbouring dwellings and within the curtilage of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policy EM12 of the adopted Basingstoke and Deane Borough Local Plan 2011-2029.
14 The premises shall not operate before 06:00 hours or remain open after 21:00 hours on Mondays to Fridays nor open at any time on Saturday, 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.
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:-
· 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.
In this instance:
· The applicant provided additional information during the course of the planning application to resolve outstanding matters.
· The imposition of 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 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 2 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. REASON: It is the responsibility of the developer to ensure the safe development of the site and to carry out any appropriate land contamination investigation and remediation works. The condition is to ensure the 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. It also ensures that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and promotes the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
5. BDBC encourages all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment.
6. It is advised that the applicant considers establishing a liaison panel to facilitate on going communication with the local community.
2.22/02992/FUL: Change of use of stable building and associated land to provide one residential dwelling, together with amenity garden, landscaping and parking/ bin storage. Site: Kennel Farm Beggarwood Lane Dummer Hampshire
The Committee considered the report set out on pages 67 of 120 of the agenda and other matters discussed at the meeting.
The Committee discussed the proposed application and were content with the proposal.
RESOLVED that: The applicant be invited to enter into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policy CN6 of the Basingstoke and Deane Borough Local Plan 1996-2011) between the applicant and the Borough Council to secure:
· A Deed of Variation to remove the restriction on use of the Stable building an Paddock to be used for private equestrian use and no other purpose
Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons.
On completion of the legal agreement(s) the Planning and Development Manager be delegated to grant planning permission subject to the following conditions and informatives:
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Site location plan – drawing no 485 P01 Rev C
Proposed site layout plan – drawing no 485 P03 Rev A
Proposed Plans and Elevations – drawing no 485 P10 Rev A
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 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: Details are required in the absence of accompanying the application and in the interests of the visual amenities of the area and in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.
4 Notwithstanding information shown on the submitted drawings, no works shall commence on site until full working details of windows and external doors to be incorporated into the development hereby approved, have been submitted to and approved in writing by the Local Planning Authority. Details shall include annotated elevations, sections and plans which are referenced to the approved plans. These details shall illustrate the nature of materials and finishes, framing members, glazing, glazing units, glazing bars, and methods of opening. They shall also include details of new openings and modifications to existing openings and shall clearly show the nature and relationship of new and retained/modified elements of construction. Details shall be at a minimum scale of 1:20 and 1:5. The works shall be carried out and thereafter maintained strictly in accordance with the approved details.
REASON: Details are required prior to commencement because insufficient detail was submitted with the application to ensure preservation of the special historic interest of the non-designated heritage asset in accordance with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Section 16 of the National Planning Policy Framework (December 2023).
5 Notwithstanding the approved plans no soft landscaping works shall commence on site above slab level until a scheme of landscaping which shall specify:
· species, planting sizes, spacing and numbers of trees/shrubs to be planted.
· use of native plants for proposed hedgerows
· a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting.
has been submitted to and approved in writing by the Local Planning Authority. The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building or when the use hereby permitted is commenced. 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 EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance contained within Sections 12 and 16 of the National Planning Policy Framework (December 2023).
6 Notwithstanding the approved plans no hard landscaping works shall commence on site above slab level until details of the materials to be used for hard paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining building is first occupied and thereafter retained and maintained in accordance with the details so approved.
REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity and in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance contained within Sections 12 and 16 of the National Planning Policy Framework (December 2023).
7 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 first 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 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 and the guidance contained within the National Planning Policy Framework (December 2023).
8 No part of the development shall be occupied until refuse storage and collection facilities have been provided in accordance with detailed drawings to be first 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).
9 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.
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 Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
11 Prior to occupation of the dwelling hereby approved, a Construction Statement detailing how the new dwelling 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 prior to occupation.
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.
12 The development hereby approved shall be carried out in accordance with the recommendations and procedures set out within Chapter 16 Discussion and Recommendations of the Ecological Impact Assessment by Darwin Ecology dated 05/02/2022. This includes that the design and installation of any external lighting scheme shall be overseen by a qualified bat licenced ecologist and should have due regard to the information sheet Barns and Lighting included within the submitted assessment.
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.
13 The new dwelling hereby approved shall not be occupied until the 'Rawatec Solido Smart SBR' treatment plant has been installed to service the proposed dwelling. The treatment plant shall thereafter be retained and maintained in accordance with the submitted Package Treatment Plan Management and Maintenance document received 17 February 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 of a replacement shall be submitted and approved in writing in accordance with the requirements of condition 14. The replacement of the Package Treatment Plant shall be carried out in accordance with the approved timeline for its replacement.
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.
14 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 upon an application submitted for that purpose that demonstrates that the mitigation demonstrated in this application can be achieved or bettered.
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 accordance with the Conservation of Habitats and Species Regulations 2017 and 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.
15 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.
16 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, Policy EM4 of the Basingstoke and Deane Borough Council 2011- 2029 and in accordance with the National Planning Policy Framework (December 2023).
17 Prior to occupation of the dwelling hereby approved, parking provision in accordance with the details shown on the drawing titled Proposed Site Layout Plan (drawing no 485 P03 Rev A) shall be laid out and shall be retained thereafter for such purposes.
REASON: To ensure adequate onsite car parking provision for the approved development in accordance with Policies CN9 and EM10 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 Class A; AA; B; C; D; or E; of Part 1; of Schedule 2 or any gates, walls or other means of enclosure permitted by Class A of Part 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 and the heritage of the building and area, in accordance with Policies EM1, EM11 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
19 Prior to the first occupation of the dwelling hereby approved a plan indicating the positions, design, materials and type of fences to be erected on the western edge of the rear garden of the property identified as Barley House on the approved plans shall be submitted to the Local Planning Authority. Once approved in writing the fence shall be installed prior to the first occupation of the dwelling hereby approved.
REASON: Details are required as insufficient information has been submitted with the application in this regard, in the interests of the amenities of neighbouring residents and of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s): -
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. 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.
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 844844 or email gmsteam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.
5. If during development works any contamination of the land is encountered or suspected then this shall be fully assessed in accordance with the Contaminated Land Guidance for Developers. The developer must contact the Local Planning Authority as soon as possible and any action should be agreed in writing by the Local Planning Authority.
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.
7. In relation to condition 8, which secures further details of waste storage and collection points, the Applicant is requested to consider the comments of the Joint Waste Client Team which state that bins will need to be collected from the nearest adopted highway which is Garlic Lane.
3. 23/02415/RES: Reserved matters application for the erection of 2 no. dwellings with detached garages, including appearance and scale (pursuant to outline planning permission reference 18/00778/OUT approved at appeal). Site: Carlton Harts Lane Burghclere Hampshire
The Committee considered the report set out on pages 121 of 152 of the agenda and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED 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 Layout, Location Plan and site photographs - drawing no.DP.200A (submitted 9.12.2023)
Site and Roof Plan - Plans and Elevations of Plots - drawing no. DP201A (submitted 9.12.2023)
REASON: For the avoidance of doubt and in the interests of proper planning
2 The development shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of screen walls/fences/hedges to be erected. The approved screen walls/fences shall be erected before the use dwellings hereby approved are first occupied and shall subsequently be maintained. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, details of which shall be agreed in writing by the Local Planning Authority before replacement occurs.
REASON: In the interests of the privacy of the occupiers of adjoining residential properties and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
3 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:
· Plot 1 - Oriel Window, Ensuites and bathroom
· Plot 2 - Oriel Window, Ensuites and bathroom
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.
4 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 and 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 amenity of the area in accordance with National Planning Policy Framework (2023) and Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 Development shall be undertaken in accordance with Chapter 5 - Impacts and Mitigation - as listed within the Preliminary Ecological Appraisal (dated April 2024).
REASON: In order to establish net gains for biodiversity in line with Policy EM4 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. The conditions with respect to Outline application 20/00370/OUT remain outstanding and are not hereby approved.
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: -
· proactively offering a pre-application advice (in accordance with paragraphs 39 - 46);
· seeking further information following receipt of the application.
In this instance:
· the applicant was updated on any issues after the initial site visit.
· Amended drawings were received.
· Update ecological appraisal.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
4. 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 GMSTeam@basingstoke.gov.uk 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 development hereby approved results in the requirement to make payments to the Council as part of the Community Infrastructure Levy (CiL) procedure. A Liability Notice setting out further details and including the amount of CiL payable will be sent out separately. You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the Council prior to the commencement of development. Failure to submit the Commencement Notice prior to the commencement of development will result in the loss of any exemptions claimed; the loss of any right to pay by instalments; and additional costs to you in the form of surcharges. Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy. Please note that all CiL related information, including completed CiL forms, should be sent to the following email address CILcharge@basingstoke.gov.uk.
8. Please note that all CiL related information, including completed CiL forms, should be sent to the following email address CILcharge@basingstoke.gov.uk.
4. 23/02923/OUT: Outline application for erection of one detached dwelling with access, with all matters reserved except for siting and access. Site: Land At Common Road Headley Hampshire
The Committee considered the report set out on pages 153 of 181 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 agreed with the Officers report and reasons for refusal.
RESOLVED that: the application be REFUSED for the following reasons:
Reasons for Refusal
1 The proposed development is located within a countryside location. It has not been demonstrated that the proposed development would fall within any of the exceptions to permit housing in a countryside location, specifically Policy SS6 e) and f) of the Basingstoke and Deane Local Plan 2011-2029. As such, the proposal fails to be considered an exception to the general restraint of housing within the countryside. The proposal is therefore not considered to represent a sustainable form of development as set out in Policies SD1, SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029, Policy HD1 of the Ashford Hill with Headley Neighbourhood Plan 2022-2029 and the National Planning Policy Framework (2023). There are no material considerations to justify departing from the Development Plan or the National Planning Policy Framework (2023) in this instance.
2 The introduction of residential development, along with the associated hardstanding, boundary treatments and domestic paraphernalia on agricultural land would out of keeping with the rural character of the area. The proposal would result in the urbanisation of the countryside in this location as a result of further loss of part of the field network which is a strong characteristic along Common Road, to the detriment of the intrinsic character and beauty of this part of the countryside. 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 proposed development is therefore contrary to Polices EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policy L1 of the Ashford Hill with Headley Neighbourhood Plan 2022-2029, the Design and Sustainability Supplementary Planning Document 2018 and Sections 12 and 15 of the National Planning Policy Framework (2023).
3 Through its direct siting, the proposed development would result in harm to the Common Road Paddock Site of Importance for Nature Conservation (SINC) and loss of a key habitat type. It has not been demonstrated that this harm cannot be avoided and there is no overriding public need for the proposal which outweighs the need to safeguard the biodiversity interests of the site. As such, the proposal is contrary to Policy EM4 (d) and (e) of the Basingstoke and Deane Local Plan 2011-2029, the Ashford Hill with Headley Neighbourhood Plan 2022 - 2029 and guidance contained within the National Planning Policy Framework (2023).
4 The site is located within an amber zone for Great Crested Newts. Insufficient information has been submitted to demonstrate the presence, or otherwise of Great Crested Newts as a protected species on site, or the effects that the development may have upon this species. The proposal fails to meet the 3 derogation tests set out in the Conservation of Habitats and Species Regulations 2017 and is contrary to Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Conservation of Habitats and Species Regulations 2017.
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 (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.
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. 24/00140/FUL: Erection of 1 no. detached dwelling; with associated parking, turning, landscaping, private amenity space and access. Site: Kingsclere Nursery Kingsclere Bypass Kingsclere Hampshire
The Committee considered the report set out on pages 182 of 214 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and referred to the planning history for the site. Planning permission had been granted for a single dwelling on the site through permission in principle 21/02996/PIP and technical detail consent 22/02614/TDC in November 2022 when the council could not demonstrate a 5-year housing land supply.
Some Members preferred the design of the proposed dwelling and believed it would not be out of place in the countryside. Other Members disagreed as the proposed development by virtue of its scale, bulk, and it would represent an incongruous and suburban form of development that did not correspond with the rural character of the area. 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.
There was support for the development of brownfield sites.
Lack of evidence and insufficient information had been provided to demonstrate that the proposal would represent an acceptable form of development having regard to flood risk at the site.
RESOLVED that: the application be REFUSED for the following reasons:
Reasons for Refusal
1 The proposed development is located within the countryside and fails to meet the criteria set out within the countryside exception policy for residential development, specifically Policy SS6 a) 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 SD1, SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029, Policy 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 by virtue of its scale, bulk, and appearance would represent an incongruous and suburban form of development that does not correspond with the rural character of the area. 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 an emerging and locally designated 'Valued Landscape' as defined within the Basingstoke and Deane Valued Landscape Strategy (February 2023). The proposed development is therefore contrary to Polices EM1 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029, Policy 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 the National Planning Policy Framework (2023) at paragraphs 159 and 162 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.
4 The site is located within a red risk zone for Great Crested Newts. Insufficient information has been submitted to demonstrate the presence, or otherwise of Great Crested Newts as a protected species on site, or the effects that the development may have upon this species. The proposal fails to meet the 3 derogation tests set out in the Conservation of Habitats and Species Regulations 2017 and is contrary to Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Conservation of Habitats and Species Regulations 2017.
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.
Interest
Name
Item No./Topic
Objector
Ms England
Item 1 – 23/01869/FUL
Support
Mr Pattie
Item 1 – 23/01869/FUL
Councillor
McKay
Item 1 – 23/01869/FUL
Support
Mr Battersby
Item 3 – 23/02415/RES
Support
Mr Jubb
Item 4 – 23/02923/OUT
Support
Mr Lawrence
Item 4 – 23/02923/OUT
Support
Mr Rhatigan
Item 4 – 23/02923/OUT
Support
Mr Pettitt
Item 5 – 24/00140/FUL
Support
Mr Rhatigan
Item 5 – 24/00140/FUL
Support
Mr Farrell
Item 5 – 24/00140/FUL
1. Application - 23/01869/FUL: Change of use of site for production of Lithium Chloride (LiCl) (Use Class Sui Generis) and works including a vehicular tanker offloading shelter with integral concrete bund; Bulk acid storage, consisting of 4 off proprietary self bunded tanks, located within a concrete bund; A fume scrubber and a process scrubber with a vent stack reaching 3m above the existing building roof height; A drivers WC; An electrical distribution & control room kiosk; Creation of mezzanine floors; Various associated works including pipes, pipe racks, instruments, valves and pump/motor sets. Site: 1 St Modwen Park Jays Close Basingstoke Hampshire
The Committee considered the report set out on pages 31 of 66 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.
Although there were concerns from residents of the potential issues in the future, the Committee were satisfied that all the objections had been answered within the report. In addition, the committee considered that all the required permits and hazardous substances assessments had been carried out and noted that the Environmental Agency and Fire Brigade had also been consulted and raised no objection, the Health and Safety Executive had confirmed that none of the substances utilised are considered hazardous and as such the Members were content all the criteria had been met.
On balance Members considered that the site was safe and there were no sufficient planning reasons to refuse the application.
Members requested an additional condition in relation to the hours of operation to be restricted to 6am to 9 pm Monday to Friday and an informative to establish a Liaison Panel.
RESOLVED that: the application be APPROVED subject to the following conditions and informatives: -
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
· Leverton Helm Bulk Storage Tanks Plan Site Location Plan - drawing no.1567-GAD-4002 Rev 3
· Leverton Helm Bulk Storage Tanks Plan Existing and proposed site - drawing no.1567-GAD-4004 Rev 5
· Leverton Helm Bulk Storage Tanks North Elevation View Exg and Proposed - drawing no.1567-GAD-4005 Rev 4
· Leverton Helm Bulk Storage Tanks East Elevation View Exg and Proposed - drawing no.1567-GAD-4006 Rev 4
· Leverton Helm Bulk Storage Tanks South Elevation View Exg and Proposed - drawing no.1567-GAD-4007 Rev 4
· Leverton Helm Bulk Storage Tanks West Elevation View Exg and Proposed - drawing no.1567-GAD-4008 Rev 4
· Leverton Helm Bulk Storage Tanks Plan Proposed site - drawing no.1567-GAD-4003 Rev 5
· Unit 1 - Building Layout - drawing no.17134 D1101 Rev D
· Mezzaninne Floor - drawing no HMF9745 Rev E
· MCC Kiosk - drawing no.2800x8000x3500 Rev0
· Steels Mains Toilet - drawing no. QF-716 Rev 0
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 production of electric vehicle (EV) batteries, batteries, cathode material or Lithium Metal shall take place on-site.
REASON: In the interests of the amenities of the occupants of nearby premises and by Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
4 No development shall take place until a site-specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to:
· Procedures for maintaining good public relations including complaint management, public consultation and liaison.
· Arrangements for liaison with the Council's Environmental Protection Team.
· All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 0730 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and at no time on Sundays and Bank Holidays.
· Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.
· Mitigation measures as defined in BS 5528: Parts 1 and 2: (2009) Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.
· Procedures for emergency deviation of the agreed working hours.
· Control measures for dust and other air-borne pollutants.
· Measures for controlling the use of site lighting whether required for safe working or for security purposes.
The development shall be carried out in accordance with the approved Construction Environmental Management Plan.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
5 The drainage system shall be constructed in accordance with the approved documents:
· Drainage Strategy Technical Note (dated 26th May 2023) reference no. 23191-JUBB-XX-XX-RP-C-001 rev P1
· Source, Pathway, Receptor Assessment (dated 15.04.24) reference no. 22-001-RA-8001-004
Any changes to the approved documentation must be submitted to and approved in writing by Local Planning Authority. Any revised details submitted for approval must include a technical summary highlighting any changes, updated detailed drainage drawings and detailed drainage calculations. The development shall be carried out in accordance with any revised details approved by the Local Planning Authority.
REASON: To ensure the satisfactory maintenance of drainage systems and to ensure that there is no flood risk on or off site resulting from the proposed development, in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011- 2029 and the National Planning Policy Framework (December 2023).
6 The uses hereby permitted shall not operate unless the proposed odour abatement measures as set out in the odour assessment produced by Odour Consultants Kalaco Group Ltd titled 'Odour Assessment: Jays Close, Basingstoke' dated 17 November 2023 (reference ODC_P1020A_A1-1 rev 01) and detailed on the approved drawings as secured within Condition 1 have been installed in accordance with the manufacturer’s details.
REASON: In the interests of the amenities of the occupants of nearby premises and by Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
7 The proposed process scrubber stack 126500 hereby by approved shall be finished with a matt material.
REASON: In the interests of visual amenity and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
8 No additional mezzanine floors or additional floorspace shall be erected within the building without the prior written permission of the Local Planning Authority on an application made for that purpose.
REASON: To ensure satisfactory access, manoeuvring and parking in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Parking Supplementary Parking Document (2018).
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) no building, structure or other alteration permitted by Class H or J of Part 7 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, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
10 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) and whether or not development no storage shall take place on the site apart from inside the existing building (Unit one as shown on drawing Proposed Bulk Acid Tank Site Plan - drawing no.1567-GAD-4003 Rev 5) hereby approved.
REASON: To prevent the overdevelopment of the site in the interests of the amenity of the area and highway safety in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
11 No external lights shall be installed until details of any proposed lighting design plans have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall comply with the Institution of Lighting Professionals Guidance Note for the reduction of obtrusive light 2011 (or any such later version), have regard to lighting guidelines produced by the Bat Conservation Trust, comprise the minimum level of lighting needed for security and operational processes, and be designed to minimise pollution caused by glare and spillage. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Opportunities exist for bats to be using the site for commuting and foraging. These species are protected under the Wildlife and Countryside Act 1981 and are a material consideration under Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
12 Prior to first operation of the use hereby permitted, a Construction Statement detailing how the new building shall achieve a BREEAM 'excellent' standard for water consumption 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 and maintained thereafter.
REASON: In the absence of details being submitted to accompany the planning application, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.
13 Within 1 month of the use hereby approved being commissioned a post completion noise assessment shall be carried out and submitted in writing to the Local Planning Authority to verify that the cumulative rated noise level from the plant and equipment hereby approved is no greater than the existing background noise level at the most sensitive period when the plant will be operated (e.g. evening, nights and weekends).
A method statement shall be submitted to and approved by the Local Planning Authority prior to the survey being undertaken.
The noise assessment shall be carried out by a suitably qualified acoustic consultant/engineer and be undertaken in accordance with BS4142:2014+A1:2019.
Where the above criterion is not met it will be necessary to identify and install additional noise mitigation measures.
REASON: To ensure that acceptable noise levels within the neighbouring dwellings and within the curtilage of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policy EM12 of the adopted Basingstoke and Deane Borough Local Plan 2011-2029.
14 The premises shall not operate before 06:00 hours or remain open after 21:00 hours on Mondays to Fridays nor open at any time on Saturday, 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.
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:-
· 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.
In this instance:
· The applicant provided additional information during the course of the planning application to resolve outstanding matters.
· The imposition of 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 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 2 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. REASON: It is the responsibility of the developer to ensure the safe development of the site and to carry out any appropriate land contamination investigation and remediation works. The condition is to ensure the 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. It also ensures that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and promotes the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
5. BDBC encourages all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment.
6. It is advised that the applicant considers establishing a liaison panel to facilitate on going communication with the local community.
2.22/02992/FUL: Change of use of stable building and associated land to provide one residential dwelling, together with amenity garden, landscaping and parking/ bin storage. Site: Kennel Farm Beggarwood Lane Dummer Hampshire
The Committee considered the report set out on pages 67 of 120 of the agenda and other matters discussed at the meeting.
The Committee discussed the proposed application and were content with the proposal.
RESOLVED that: The applicant be invited to enter into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policy CN6 of the Basingstoke and Deane Borough Local Plan 1996-2011) between the applicant and the Borough Council to secure:
· A Deed of Variation to remove the restriction on use of the Stable building an Paddock to be used for private equestrian use and no other purpose
Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons.
On completion of the legal agreement(s) the Planning and Development Manager be delegated to grant planning permission subject to the following conditions and informatives:
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Site location plan – drawing no 485 P01 Rev C
Proposed site layout plan – drawing no 485 P03 Rev A
Proposed Plans and Elevations – drawing no 485 P10 Rev A
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 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: Details are required in the absence of accompanying the application and in the interests of the visual amenities of the area and in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.
4 Notwithstanding information shown on the submitted drawings, no works shall commence on site until full working details of windows and external doors to be incorporated into the development hereby approved, have been submitted to and approved in writing by the Local Planning Authority. Details shall include annotated elevations, sections and plans which are referenced to the approved plans. These details shall illustrate the nature of materials and finishes, framing members, glazing, glazing units, glazing bars, and methods of opening. They shall also include details of new openings and modifications to existing openings and shall clearly show the nature and relationship of new and retained/modified elements of construction. Details shall be at a minimum scale of 1:20 and 1:5. The works shall be carried out and thereafter maintained strictly in accordance with the approved details.
REASON: Details are required prior to commencement because insufficient detail was submitted with the application to ensure preservation of the special historic interest of the non-designated heritage asset in accordance with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Section 16 of the National Planning Policy Framework (December 2023).
5 Notwithstanding the approved plans no soft landscaping works shall commence on site above slab level until a scheme of landscaping which shall specify:
· species, planting sizes, spacing and numbers of trees/shrubs to be planted.
· use of native plants for proposed hedgerows
· a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting.
has been submitted to and approved in writing by the Local Planning Authority. The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building or when the use hereby permitted is commenced. 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 EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance contained within Sections 12 and 16 of the National Planning Policy Framework (December 2023).
6 Notwithstanding the approved plans no hard landscaping works shall commence on site above slab level until details of the materials to be used for hard paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining building is first occupied and thereafter retained and maintained in accordance with the details so approved.
REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity and in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance contained within Sections 12 and 16 of the National Planning Policy Framework (December 2023).
7 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 first 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 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 and the guidance contained within the National Planning Policy Framework (December 2023).
8 No part of the development shall be occupied until refuse storage and collection facilities have been provided in accordance with detailed drawings to be first 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).
9 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.
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 Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
11 Prior to occupation of the dwelling hereby approved, a Construction Statement detailing how the new dwelling 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 prior to occupation.
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.
12 The development hereby approved shall be carried out in accordance with the recommendations and procedures set out within Chapter 16 Discussion and Recommendations of the Ecological Impact Assessment by Darwin Ecology dated 05/02/2022. This includes that the design and installation of any external lighting scheme shall be overseen by a qualified bat licenced ecologist and should have due regard to the information sheet Barns and Lighting included within the submitted assessment.
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.
13 The new dwelling hereby approved shall not be occupied until the 'Rawatec Solido Smart SBR' treatment plant has been installed to service the proposed dwelling. The treatment plant shall thereafter be retained and maintained in accordance with the submitted Package Treatment Plan Management and Maintenance document received 17 February 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 of a replacement shall be submitted and approved in writing in accordance with the requirements of condition 14. The replacement of the Package Treatment Plant shall be carried out in accordance with the approved timeline for its replacement.
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.
14 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 upon an application submitted for that purpose that demonstrates that the mitigation demonstrated in this application can be achieved or bettered.
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 accordance with the Conservation of Habitats and Species Regulations 2017 and 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.
15 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.
16 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, Policy EM4 of the Basingstoke and Deane Borough Council 2011- 2029 and in accordance with the National Planning Policy Framework (December 2023).
17 Prior to occupation of the dwelling hereby approved, parking provision in accordance with the details shown on the drawing titled Proposed Site Layout Plan (drawing no 485 P03 Rev A) shall be laid out and shall be retained thereafter for such purposes.
REASON: To ensure adequate onsite car parking provision for the approved development in accordance with Policies CN9 and EM10 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 Class A; AA; B; C; D; or E; of Part 1; of Schedule 2 or any gates, walls or other means of enclosure permitted by Class A of Part 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 and the heritage of the building and area, in accordance with Policies EM1, EM11 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
19 Prior to the first occupation of the dwelling hereby approved a plan indicating the positions, design, materials and type of fences to be erected on the western edge of the rear garden of the property identified as Barley House on the approved plans shall be submitted to the Local Planning Authority. Once approved in writing the fence shall be installed prior to the first occupation of the dwelling hereby approved.
REASON: Details are required as insufficient information has been submitted with the application in this regard, in the interests of the amenities of neighbouring residents and of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s): -
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. 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.
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 844844 or email gmsteam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.
5. If during development works any contamination of the land is encountered or suspected then this shall be fully assessed in accordance with the Contaminated Land Guidance for Developers. The developer must contact the Local Planning Authority as soon as possible and any action should be agreed in writing by the Local Planning Authority.
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.
7. In relation to condition 8, which secures further details of waste storage and collection points, the Applicant is requested to consider the comments of the Joint Waste Client Team which state that bins will need to be collected from the nearest adopted highway which is Garlic Lane.
3. 23/02415/RES: Reserved matters application for the erection of 2 no. dwellings with detached garages, including appearance and scale (pursuant to outline planning permission reference 18/00778/OUT approved at appeal). Site: Carlton Harts Lane Burghclere Hampshire
The Committee considered the report set out on pages 121 of 152 of the agenda and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED 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 Layout, Location Plan and site photographs - drawing no.DP.200A (submitted 9.12.2023)
Site and Roof Plan - Plans and Elevations of Plots - drawing no. DP201A (submitted 9.12.2023)
REASON: For the avoidance of doubt and in the interests of proper planning
2 The development shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of screen walls/fences/hedges to be erected. The approved screen walls/fences shall be erected before the use dwellings hereby approved are first occupied and shall subsequently be maintained. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, details of which shall be agreed in writing by the Local Planning Authority before replacement occurs.
REASON: In the interests of the privacy of the occupiers of adjoining residential properties and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
3 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:
· Plot 1 - Oriel Window, Ensuites and bathroom
· Plot 2 - Oriel Window, Ensuites and bathroom
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.
4 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 and 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 amenity of the area in accordance with National Planning Policy Framework (2023) and Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 Development shall be undertaken in accordance with Chapter 5 - Impacts and Mitigation - as listed within the Preliminary Ecological Appraisal (dated April 2024).
REASON: In order to establish net gains for biodiversity in line with Policy EM4 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. The conditions with respect to Outline application 20/00370/OUT remain outstanding and are not hereby approved.
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: -
· proactively offering a pre-application advice (in accordance with paragraphs 39 - 46);
· seeking further information following receipt of the application.
In this instance:
· the applicant was updated on any issues after the initial site visit.
· Amended drawings were received.
· Update ecological appraisal.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
4. 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 GMSTeam@basingstoke.gov.uk 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 development hereby approved results in the requirement to make payments to the Council as part of the Community Infrastructure Levy (CiL) procedure. A Liability Notice setting out further details and including the amount of CiL payable will be sent out separately. You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the Council prior to the commencement of development. Failure to submit the Commencement Notice prior to the commencement of development will result in the loss of any exemptions claimed; the loss of any right to pay by instalments; and additional costs to you in the form of surcharges. Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy. Please note that all CiL related information, including completed CiL forms, should be sent to the following email address CILcharge@basingstoke.gov.uk.
8. Please note that all CiL related information, including completed CiL forms, should be sent to the following email address CILcharge@basingstoke.gov.uk.
4. 23/02923/OUT: Outline application for erection of one detached dwelling with access, with all matters reserved except for siting and access. Site: Land At Common Road Headley Hampshire
The Committee considered the report set out on pages 153 of 181 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 agreed with the Officers report and reasons for refusal.
RESOLVED that: the application be REFUSED for the following reasons:
Reasons for Refusal
1 The proposed development is located within a countryside location. It has not been demonstrated that the proposed development would fall within any of the exceptions to permit housing in a countryside location, specifically Policy SS6 e) and f) of the Basingstoke and Deane Local Plan 2011-2029. As such, the proposal fails to be considered an exception to the general restraint of housing within the countryside. The proposal is therefore not considered to represent a sustainable form of development as set out in Policies SD1, SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029, Policy HD1 of the Ashford Hill with Headley Neighbourhood Plan 2022-2029 and the National Planning Policy Framework (2023). There are no material considerations to justify departing from the Development Plan or the National Planning Policy Framework (2023) in this instance.
2 The introduction of residential development, along with the associated hardstanding, boundary treatments and domestic paraphernalia on agricultural land would out of keeping with the rural character of the area. The proposal would result in the urbanisation of the countryside in this location as a result of further loss of part of the field network which is a strong characteristic along Common Road, to the detriment of the intrinsic character and beauty of this part of the countryside. 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 proposed development is therefore contrary to Polices EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policy L1 of the Ashford Hill with Headley Neighbourhood Plan 2022-2029, the Design and Sustainability Supplementary Planning Document 2018 and Sections 12 and 15 of the National Planning Policy Framework (2023).
3 Through its direct siting, the proposed development would result in harm to the Common Road Paddock Site of Importance for Nature Conservation (SINC) and loss of a key habitat type. It has not been demonstrated that this harm cannot be avoided and there is no overriding public need for the proposal which outweighs the need to safeguard the biodiversity interests of the site. As such, the proposal is contrary to Policy EM4 (d) and (e) of the Basingstoke and Deane Local Plan 2011-2029, the Ashford Hill with Headley Neighbourhood Plan 2022 - 2029 and guidance contained within the National Planning Policy Framework (2023).
4 The site is located within an amber zone for Great Crested Newts. Insufficient information has been submitted to demonstrate the presence, or otherwise of Great Crested Newts as a protected species on site, or the effects that the development may have upon this species. The proposal fails to meet the 3 derogation tests set out in the Conservation of Habitats and Species Regulations 2017 and is contrary to Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Conservation of Habitats and Species Regulations 2017.
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 (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.
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. 24/00140/FUL: Erection of 1 no. detached dwelling; with associated parking, turning, landscaping, private amenity space and access. Site: Kingsclere Nursery Kingsclere Bypass Kingsclere Hampshire
The Committee considered the report set out on pages 182 of 214 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and referred to the planning history for the site. Planning permission had been granted for a single dwelling on the site through permission in principle 21/02996/PIP and technical detail consent 22/02614/TDC in November 2022 when the council could not demonstrate a 5-year housing land supply.
Some Members preferred the design of the proposed dwelling and believed it would not be out of place in the countryside. Other Members disagreed as the proposed development by virtue of its scale, bulk, and it would represent an incongruous and suburban form of development that did not correspond with the rural character of the area. 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.
There was support for the development of brownfield sites.
Lack of evidence and insufficient information had been provided to demonstrate that the proposal would represent an acceptable form of development having regard to flood risk at the site.
RESOLVED that: the application be REFUSED for the following reasons:
Reasons for Refusal
1 The proposed development is located within the countryside and fails to meet the criteria set out within the countryside exception policy for residential development, specifically Policy SS6 a) 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 SD1, SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029, Policy 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 by virtue of its scale, bulk, and appearance would represent an incongruous and suburban form of development that does not correspond with the rural character of the area. 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 an emerging and locally designated 'Valued Landscape' as defined within the Basingstoke and Deane Valued Landscape Strategy (February 2023). The proposed development is therefore contrary to Polices EM1 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029, Policy 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 the National Planning Policy Framework (2023) at paragraphs 159 and 162 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.
4 The site is located within a red risk zone for Great Crested Newts. Insufficient information has been submitted to demonstrate the presence, or otherwise of Great Crested Newts as a protected species on site, or the effects that the development may have upon this species. The proposal fails to meet the 3 derogation tests set out in the Conservation of Habitats and Species Regulations 2017 and is contrary to Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Conservation of Habitats and Species Regulations 2017.
Informative(s):-
1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
seeking further information following receipt of the application.
In this instance:
the applicant was updated of any issues after the initial site visit.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
6
Exclusion of press and public
To consider whether, in view of the nature of the remaining items on the agenda, any of them are likely to involve the disclosure of exempt or confidential information within the terms of Schedule 12A of the Local Government Act 1972
7
Confidential/ exempt items for information
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