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, 11th September 2024
6:30 PM
Wednesday, 11th September 2024
6:30 PM
End:
Wednesday, 11th September 2024
9:30 PM
Wednesday, 11th September 2024
9:30 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
11 Sep 2024
11 Sep 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
Reserve
Chair of the Human Resources Committee
Committee Member
Mayor
Officer
Assistant Planning Manager
Katherine Fitzherbert-Green
Expected
Officer
Lisa Souden
Expected
Officer
Sue Tarvit
Expected
Committee Member
Committee Member
Reserve
Leader of the Conservative Group
Agenda
1
Apologies for absence and substitutions
Minutes
Councillor Johnstone replaced Councillor Hussey
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 7th August 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 7th August 2024 30 Aug 2024
Minutes
The Chair confirmed that the minutes of the meetings held on the 7th August 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: Evingar, Tadley North, Kingsclere & Baughurst, Whitchurch, Overton & Laverstoke
Contact Officer: Planning and Development Manager
Wards Affected: Evingar, Tadley North, Kingsclere & Baughurst, Whitchurch, Overton & Laverstoke
Attachments:
- Document Report 30 Aug 2024
- Document Index 30 Aug 2024
- Document Applications 30 Aug 2024
- Document Front Sheet 30 Aug 2024
- Document Update 11.09.2024 30 Aug 2024
Minutes
The following Public Participation took place:
Interest
Name
Item No./Topic
Objector
Mr Theobald
Item 2 – 24/00837/RET
Support
Mrs Turner
Item 2 – 24/00837/RET
Support
Mr Eadie
Item 2 – 24/00837/RET
Application 1 - 23/02429/FUL: Siting of a single storey modular building comprising of two nursery classrooms, teacher training room, break-out space and ancillary accommodation. Creation of associated access, car parking, hardstanding, a play area and canopy. Site: Overton C Of E Primary School Court Drove Overton Hampshire
The Committee considered the report set out on pages 37 of 80 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and acknowledged that the application had been deferred from the Development Control Committee held on the 12th June 2024 for a submission of a Traffic Management Plan (TMP) for the movement of children through the site.
The TMP proposed a new pedestrian gate on the southern side of the access into the proposed parking area for the nursery. This access gate would then connect to a new footpath which would run to the south of the parking area towards the new nursery building, then heads northwards on the western side of the proposed building to then connect to existing footpaths.
After discussing the TMP and referring to the parish council objection, most Members were supportive of the application and believed that the addition of a new pedestrian gate and footpath ensured separation between pedestrian and vehicular routes, thereby enhancing safety within the site.
It was suggested that a TMP should be included with any planning applications for schools in the future.
RESOLVED that: the application be APPROVED subject to the conditions and informatives listed below.
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Drawing number PJT10290-MCA-XX-XX-D-A-9001
Drawing number PJT10290-MCA-XX-XX-D-A-9003
Drawing number PJT10290-MCA-GA-XX-D-A-9005
Drawing number PJT10290-MCA-GA-XX-D-A-9006
Drawing number PJT10290-MCA-GA-XX-D-A-9007
Drawing number PJT10290-MCA-149-RF-D-A-9008
Drawing number PJT10290-MCA-XX-XX-D-A-9009
Drawing number PJT10290-DID-XX-XX-D-C-5011
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the submitted plans and details hereby approved.
REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.
4 The premises to be used as a children's day nursery shall not open before 07:30 hours or remain available for use after 18:00 hours on Mondays to Fridays. The children's day nursery use shall not be in use on Saturdays, Sundays or any recognised Public Holidays.
REASON: In the interests of the amenity of neighbouring properties in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 The development hereby approved shall be carried out in line with the recommendations and procedures contained within Chapter 4 Conclusions, Impacts and Recommendations of the Ecological Walkover, Nesting Bird Check and Preliminary Roost Features Assessment dated 31/08/2023.
REASON: In order to avoid adverse impacts on protected species principally bats and nesting birds in line with recommendations under the Conservation of Habitats and Species Regulations 2019 (Amended) and the Wildlife and Countryside Act 1981 (Amended) and in order to meet with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029, in relation to preventing adverse impacts on key species.
6 Prior to the commencement of development an Ecological Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority in line with the recommendations within Chapter 4 Conclusions, Impacts and Recommendations of the Ecological Walkover, Nesting Bird Check and Preliminary Roost Features Assessment dated 31/08/2023. The development shall be fully implemented in accordance with the approved details.
REASON: In order to provide enhancements and compensation for biodiversity impacts in line with Section 15 of National Planning Policy Framework (December 2023) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
7 No development shall take place, (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall include scaled drawings illustrating the provision for -
1) The parking of site operatives and visitors vehicles.
2) Loading and unloading of plant and materials.
3) Management of construction traffic and access routes.
4) Storage of plant and materials used in constructing the development.
5) Wheel washing facilities.
6) Measures to protect pedestrians during construction.
REASON: In the interests of highway safety in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
8 The development shall not be brought into use until the car parking area shown on the submitted plan has been provided, marked out and thereafter maintained for car parking for the lifetime of the development and used for no other purpose.
REASON: To ensure adequate space within the site for vehicle movements and parking provision in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
9 Prior to commencement on site a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the means of vehicular access to the site and associated highway works. The means of vehicular access to the site shall be implemented prior to occupation of the building.
REASON: To ensure a suitable access and layout in the interests of highway safety in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
10 Within one month of the commencement of development a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before development commences. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.
11 The development hereby permitted shall be implemented in strict accordance with the Tree Protection Plan (Barrell Plan Ref. 24047-1).
REASON: To ensure the retention of the trees in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).
12 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or internal painting or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
13 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 0900 nor after 1800 Monday to Friday, before the hours of 0730 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 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
14 No part of the development shall be occupied until cycle parking facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
15 No part of the development shall be occupied until the Travel Management Plan (Managing Traffic Safely on Site) dated February 2016 - Version 1 - updated July 2024, has been submitted to and approved in writing by the Local Planning Authority in consultation with Hampshire County Council Travel Plan Team. The approved Traffic Management Plan shall be implemented in full prior to the occupation of any part of the development hereby approved. The Plan shall provide for periodic review.
REASON: In order to promote safe access into the application site in accordance with the advice contained within the National Planning Policy Framework (December 2023) and Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
16 Prior to use of the building hereby approved, details of the fencing proposed around the new pedestrian footpath shall be submitted to and approved in writing by the Local Planning Authority. The approved fencing shall be fully erected prior to use of the building and associated parking area.
REASON: To ensure the safe entry and exit into the school in conjunction with the Traffic Management Plan in accordance with the advice contained within the National Planning Policy Framework (December 2023) and Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
seeking further information following receipt of the application;
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/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. The planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). Any works within the highway must be approved by S278 Agreement, details of which can be found at https://www.hants.gov.uk/transport/developers/constructionstandards.
5. In the event discoloured and/or odorous soils are encountered during foundations and other excavation works; or should any hazardous materials
(including asbestos) or significant quantities of made ground be found, then all development works shall be stopped and the Local Planning Authority contacted immediately. A scheme of works to investigate the risks and / or the adoption of any required remedial measures be submitted to, agreed and approved in writing by the Local Planning Authority prior to the recommencement of development works.
Application 2 - 24/00837/RET: Change of use of agricultural land to residential to facilitate the creation of private amenity space to The Chapel (retrospective). Site: Horse Paddock At Stoke Road St Mary Bourne Hampshire
The Committee considered the report set out on pages 81 of 109 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 had mixed views as to whether the proposal would have a negative impact on the rural character and scenic quality of the North Wessex DownsNational Landscape.
Members were concerned that the application site would fall within a Functional Floodplain (Flood Zone 3b) and that the development would not provide wider sustainability benefits to the community that outweighed the flood risk, contrary to part 1) of the exception test under the National Planning Policy Framework.
RESOLVED that: the application be REFUSED and enforcement action be taken for the following reasons:
Reasons for Refusal
1 The proposed development would, as a result of the unacceptable domesticated encroachment and loss of views into the open countryside and potential for residential paraphernalia, erode the rural character and setting of the St Mary Bourne Conservation Area, thereby resulting in harm to the significance of this heritage asset and to the ability to appreciate such significance. Such development would fail to preserve the character and appearance of the conservation area. In addition, the proposals would impact on the wider settings of the listed buildings, thereby harming their significance. Such harm would be within the less than substantial category, as set out in the National Planning Policy Framework (December 2023) and would not be outweighed by public benefits. The proposed development would therefore be in conflict with Section 16 of the National Planning Policy Framework (December 2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029, Policy P7 of the St Mary Bourne Parish Neighbourhood Plan 2016-2029, and the Heritage Supplementary Planning Document (2019).
2 The proposal would introduce additional residential use and potential for residential paraphernalia within the countryside and North Wessex Downs National Landscape. The proposal would result in an unacceptable domesticated encroachment into the open countryside which would harm the rural character and scenic quality of the landscape and National Landscape. This urbanising effect would not conserve or enhance the landscape and scenic beauty of the intrinsic rural character of the wider area contrary to Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policies P5 and P7 of the St Mary Bourne Parish Neighbourhood Plan 2016-2029, North Wessex Downs Area of Outstanding Natural Beauty Management Plan 2019-2024, National Planning Policy Framework (December 2023) and guidance contained within the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).
3 The application site would fall within a Functional Floodplain (Flood Zone 3b), where 'more vulnerable' development, such as that proposed, should not be permitted. The development would not provide wider sustainability benefits to the community that outweigh the flood risk, contrary to part 1) of the exception test under the National Planning Policy Framework. The development would therefore conflict with Section 14 of the National Planning Policy Framework (December 2023), Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029, and the guidance contained within the Government's Planning Practice Guidance in relation to Flood Risk.
Enforcement action as defined in Section 171A of the Town and Country Planning Act 1990 (as amended), be initiated requiring:
· Removal of the fence.
· Reinstatement of land to previous condition.
Period of compliance - 4 months
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.
In this instance:
the applicant was updated of any issues after the initial site visit;
was provided with pre-application advice.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
2. Human Rights:
The decision to take enforcement action will have an impact on the Human Rights of the owner and/or occupiers. These private rights have to be weighed against the wider public interest as set out in the policies of the Development Plan and other material considerations set out above. There has been no information provided as to any human rights issues or other material considerations that the applicant may have that results in the conflict with the adopted Development Plan being acceptable in planning terms.
Moreover, these private rights are qualified in that they extend only so far as they accord with law and are necessary in a democratic society, applying the principle of proportionality. Given the planning policy context and the impact upon the landscape character and visual amenity of the area and impact on heritage, it is considered expedient to take enforcement action.
Application 3 - 24/01254/RET: Variation of conditions 1 and 4 of 23/00932/HSE (Erection of part ground/part two storey rear extension) to allow the installation of roof windows and a Juliet balcony tilt and turn window in rear elevation. Site: 2 Townsend Wolverton Tadley Hampshire
The Committee considered the report set out on pages 110 of 127 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED subject to the conditions and informatives listed below.
subject to the following conditions and informatives:-
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan and Site Plan Drawing No.: 656/01 Rev.: 0 Dated: 15th March 2023 - Date Received: 30th May 2024
Proposed Floor and Roof Plans Drawing No.: 656/06 Rev.: 1 Dated: 28th May 2024 - Date Received: 30th May 2024
Proposed Elevations Drawing No.: 656/05 Rev.: 2 Dated: 28th May 2024 - Date Received: 30th May 2024
Roof Space Floor Plan (Proposed) Drawing No.: 656/07 Dated: 27th August 2024 - Date Received: 29th August 2024
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building, the approved plans and the details within the submitted application form.
REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
3 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no additional openings shall be inserted at first floor level or higher in the east or west side elevations of the extension hereby approved without the prior permission of the Local Planning Authority on an application made for the purpose.
REASON: To protect the amenity and privacy of the occupiers of adjoining property in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
4 The development hereby permitted shall provide for the parking of 4 vehicles within the curtilage of the property and the areas of land so provided shall be retained as such and not be used for any purposes other than the loading and unloading and parking of vehicles and cycles.
REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (July 2018).
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:-
considering the imposition of conditions.
In this instance:
the application was acceptable as submitted and no further assistance was required.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
Interest
Name
Item No./Topic
Objector
Mr Theobald
Item 2 – 24/00837/RET
Support
Mrs Turner
Item 2 – 24/00837/RET
Support
Mr Eadie
Item 2 – 24/00837/RET
Application 1 - 23/02429/FUL: Siting of a single storey modular building comprising of two nursery classrooms, teacher training room, break-out space and ancillary accommodation. Creation of associated access, car parking, hardstanding, a play area and canopy. Site: Overton C Of E Primary School Court Drove Overton Hampshire
The Committee considered the report set out on pages 37 of 80 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and acknowledged that the application had been deferred from the Development Control Committee held on the 12th June 2024 for a submission of a Traffic Management Plan (TMP) for the movement of children through the site.
The TMP proposed a new pedestrian gate on the southern side of the access into the proposed parking area for the nursery. This access gate would then connect to a new footpath which would run to the south of the parking area towards the new nursery building, then heads northwards on the western side of the proposed building to then connect to existing footpaths.
After discussing the TMP and referring to the parish council objection, most Members were supportive of the application and believed that the addition of a new pedestrian gate and footpath ensured separation between pedestrian and vehicular routes, thereby enhancing safety within the site.
It was suggested that a TMP should be included with any planning applications for schools in the future.
RESOLVED that: the application be APPROVED subject to the conditions and informatives listed below.
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Drawing number PJT10290-MCA-XX-XX-D-A-9001
Drawing number PJT10290-MCA-XX-XX-D-A-9003
Drawing number PJT10290-MCA-GA-XX-D-A-9005
Drawing number PJT10290-MCA-GA-XX-D-A-9006
Drawing number PJT10290-MCA-GA-XX-D-A-9007
Drawing number PJT10290-MCA-149-RF-D-A-9008
Drawing number PJT10290-MCA-XX-XX-D-A-9009
Drawing number PJT10290-DID-XX-XX-D-C-5011
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the submitted plans and details hereby approved.
REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.
4 The premises to be used as a children's day nursery shall not open before 07:30 hours or remain available for use after 18:00 hours on Mondays to Fridays. The children's day nursery use shall not be in use on Saturdays, Sundays or any recognised Public Holidays.
REASON: In the interests of the amenity of neighbouring properties in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 The development hereby approved shall be carried out in line with the recommendations and procedures contained within Chapter 4 Conclusions, Impacts and Recommendations of the Ecological Walkover, Nesting Bird Check and Preliminary Roost Features Assessment dated 31/08/2023.
REASON: In order to avoid adverse impacts on protected species principally bats and nesting birds in line with recommendations under the Conservation of Habitats and Species Regulations 2019 (Amended) and the Wildlife and Countryside Act 1981 (Amended) and in order to meet with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029, in relation to preventing adverse impacts on key species.
6 Prior to the commencement of development an Ecological Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority in line with the recommendations within Chapter 4 Conclusions, Impacts and Recommendations of the Ecological Walkover, Nesting Bird Check and Preliminary Roost Features Assessment dated 31/08/2023. The development shall be fully implemented in accordance with the approved details.
REASON: In order to provide enhancements and compensation for biodiversity impacts in line with Section 15 of National Planning Policy Framework (December 2023) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
7 No development shall take place, (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall include scaled drawings illustrating the provision for -
1) The parking of site operatives and visitors vehicles.
2) Loading and unloading of plant and materials.
3) Management of construction traffic and access routes.
4) Storage of plant and materials used in constructing the development.
5) Wheel washing facilities.
6) Measures to protect pedestrians during construction.
REASON: In the interests of highway safety in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
8 The development shall not be brought into use until the car parking area shown on the submitted plan has been provided, marked out and thereafter maintained for car parking for the lifetime of the development and used for no other purpose.
REASON: To ensure adequate space within the site for vehicle movements and parking provision in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
9 Prior to commencement on site a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the means of vehicular access to the site and associated highway works. The means of vehicular access to the site shall be implemented prior to occupation of the building.
REASON: To ensure a suitable access and layout in the interests of highway safety in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
10 Within one month of the commencement of development a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before development commences. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.
11 The development hereby permitted shall be implemented in strict accordance with the Tree Protection Plan (Barrell Plan Ref. 24047-1).
REASON: To ensure the retention of the trees in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).
12 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or internal painting or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
13 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 0900 nor after 1800 Monday to Friday, before the hours of 0730 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 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
14 No part of the development shall be occupied until cycle parking facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
15 No part of the development shall be occupied until the Travel Management Plan (Managing Traffic Safely on Site) dated February 2016 - Version 1 - updated July 2024, has been submitted to and approved in writing by the Local Planning Authority in consultation with Hampshire County Council Travel Plan Team. The approved Traffic Management Plan shall be implemented in full prior to the occupation of any part of the development hereby approved. The Plan shall provide for periodic review.
REASON: In order to promote safe access into the application site in accordance with the advice contained within the National Planning Policy Framework (December 2023) and Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
16 Prior to use of the building hereby approved, details of the fencing proposed around the new pedestrian footpath shall be submitted to and approved in writing by the Local Planning Authority. The approved fencing shall be fully erected prior to use of the building and associated parking area.
REASON: To ensure the safe entry and exit into the school in conjunction with the Traffic Management Plan in accordance with the advice contained within the National Planning Policy Framework (December 2023) and Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
seeking further information following receipt of the application;
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/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. The planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). Any works within the highway must be approved by S278 Agreement, details of which can be found at https://www.hants.gov.uk/transport/developers/constructionstandards.
5. In the event discoloured and/or odorous soils are encountered during foundations and other excavation works; or should any hazardous materials
(including asbestos) or significant quantities of made ground be found, then all development works shall be stopped and the Local Planning Authority contacted immediately. A scheme of works to investigate the risks and / or the adoption of any required remedial measures be submitted to, agreed and approved in writing by the Local Planning Authority prior to the recommencement of development works.
Application 2 - 24/00837/RET: Change of use of agricultural land to residential to facilitate the creation of private amenity space to The Chapel (retrospective). Site: Horse Paddock At Stoke Road St Mary Bourne Hampshire
The Committee considered the report set out on pages 81 of 109 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 had mixed views as to whether the proposal would have a negative impact on the rural character and scenic quality of the North Wessex DownsNational Landscape.
Members were concerned that the application site would fall within a Functional Floodplain (Flood Zone 3b) and that the development would not provide wider sustainability benefits to the community that outweighed the flood risk, contrary to part 1) of the exception test under the National Planning Policy Framework.
RESOLVED that: the application be REFUSED and enforcement action be taken for the following reasons:
Reasons for Refusal
1 The proposed development would, as a result of the unacceptable domesticated encroachment and loss of views into the open countryside and potential for residential paraphernalia, erode the rural character and setting of the St Mary Bourne Conservation Area, thereby resulting in harm to the significance of this heritage asset and to the ability to appreciate such significance. Such development would fail to preserve the character and appearance of the conservation area. In addition, the proposals would impact on the wider settings of the listed buildings, thereby harming their significance. Such harm would be within the less than substantial category, as set out in the National Planning Policy Framework (December 2023) and would not be outweighed by public benefits. The proposed development would therefore be in conflict with Section 16 of the National Planning Policy Framework (December 2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029, Policy P7 of the St Mary Bourne Parish Neighbourhood Plan 2016-2029, and the Heritage Supplementary Planning Document (2019).
2 The proposal would introduce additional residential use and potential for residential paraphernalia within the countryside and North Wessex Downs National Landscape. The proposal would result in an unacceptable domesticated encroachment into the open countryside which would harm the rural character and scenic quality of the landscape and National Landscape. This urbanising effect would not conserve or enhance the landscape and scenic beauty of the intrinsic rural character of the wider area contrary to Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policies P5 and P7 of the St Mary Bourne Parish Neighbourhood Plan 2016-2029, North Wessex Downs Area of Outstanding Natural Beauty Management Plan 2019-2024, National Planning Policy Framework (December 2023) and guidance contained within the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).
3 The application site would fall within a Functional Floodplain (Flood Zone 3b), where 'more vulnerable' development, such as that proposed, should not be permitted. The development would not provide wider sustainability benefits to the community that outweigh the flood risk, contrary to part 1) of the exception test under the National Planning Policy Framework. The development would therefore conflict with Section 14 of the National Planning Policy Framework (December 2023), Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029, and the guidance contained within the Government's Planning Practice Guidance in relation to Flood Risk.
Enforcement action as defined in Section 171A of the Town and Country Planning Act 1990 (as amended), be initiated requiring:
· Removal of the fence.
· Reinstatement of land to previous condition.
Period of compliance - 4 months
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.
In this instance:
the applicant was updated of any issues after the initial site visit;
was provided with pre-application advice.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
2. Human Rights:
The decision to take enforcement action will have an impact on the Human Rights of the owner and/or occupiers. These private rights have to be weighed against the wider public interest as set out in the policies of the Development Plan and other material considerations set out above. There has been no information provided as to any human rights issues or other material considerations that the applicant may have that results in the conflict with the adopted Development Plan being acceptable in planning terms.
Moreover, these private rights are qualified in that they extend only so far as they accord with law and are necessary in a democratic society, applying the principle of proportionality. Given the planning policy context and the impact upon the landscape character and visual amenity of the area and impact on heritage, it is considered expedient to take enforcement action.
Application 3 - 24/01254/RET: Variation of conditions 1 and 4 of 23/00932/HSE (Erection of part ground/part two storey rear extension) to allow the installation of roof windows and a Juliet balcony tilt and turn window in rear elevation. Site: 2 Townsend Wolverton Tadley Hampshire
The Committee considered the report set out on pages 110 of 127 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED subject to the conditions and informatives listed below.
subject to the following conditions and informatives:-
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan and Site Plan Drawing No.: 656/01 Rev.: 0 Dated: 15th March 2023 - Date Received: 30th May 2024
Proposed Floor and Roof Plans Drawing No.: 656/06 Rev.: 1 Dated: 28th May 2024 - Date Received: 30th May 2024
Proposed Elevations Drawing No.: 656/05 Rev.: 2 Dated: 28th May 2024 - Date Received: 30th May 2024
Roof Space Floor Plan (Proposed) Drawing No.: 656/07 Dated: 27th August 2024 - Date Received: 29th August 2024
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building, the approved plans and the details within the submitted application form.
REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
3 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no additional openings shall be inserted at first floor level or higher in the east or west side elevations of the extension hereby approved without the prior permission of the Local Planning Authority on an application made for the purpose.
REASON: To protect the amenity and privacy of the occupiers of adjoining property in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
4 The development hereby permitted shall provide for the parking of 4 vehicles within the curtilage of the property and the areas of land so provided shall be retained as such and not be used for any purposes other than the loading and unloading and parking of vehicles and cycles.
REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (July 2018).
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:-
considering the imposition of conditions.
In this instance:
the application was acceptable as submitted and no further assistance was required.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
6
Quarterly Planning Appeals Report
The purpose of the report is a summary analysis of the appeal decisions received from 1/5/2024 to 31/7/2024. This highlights some of the issues drawn out by the Inspectors in arriving at their decision and which should be taken into account when future decisions are made, but is by no means a summary of all the issues referred to in the Inspectors’ decision notices.
Contact Officer: Planning and Development Manager
Contact Officer: Planning and Development Manager
Attachments:
- Document Appeals Qtr Report 01 05 2024 - 31 07 2024 30 Aug 2024
Minutes
The Planning and Development Manager introduced the report which provided a summary analysis of the appeal decisions received from 1/5/2024 to 31/7/2024. It highlighted some of the issues drawn out by the Inspectors in arriving at their decision and which should be taken into account when future decisions are made, but was by no means a summary of all the issues referred to in the Inspectors’ decision notices.
He clarified that The Corner House application number 23/01145/HSE was a Committee decision and not delegated as shown in the report.
He referred to the Land At Cranesfield, Sherborne St John application number 22/01669/OUT for the erection of up to 26 dwellings and associated infrastructure. The main conclusions drawn was that the polices of the local plan were considered to be up to date and the council could demonstrate 4.1 years housing land supply.
RESOLVED: That the Members of the Development Control Committee note the outcomes of the appeal decisions and the reasons given for those decisions.
He clarified that The Corner House application number 23/01145/HSE was a Committee decision and not delegated as shown in the report.
He referred to the Land At Cranesfield, Sherborne St John application number 22/01669/OUT for the erection of up to 26 dwellings and associated infrastructure. The main conclusions drawn was that the polices of the local plan were considered to be up to date and the council could demonstrate 4.1 years housing land supply.
RESOLVED: That the Members of the Development Control Committee note the outcomes of the appeal decisions and the reasons given for those decisions.
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