Basingstoke & Dean Borough Council Development Control Committee Meeting

There were no apologies for absence.

Councillor Gaskell declared that he was the Chairman of Newham Parish Council and he was pre informed but open minded on application number 24/00712/FUL.

Councillor Freeman declared that she knew the applicant on application number 24/00950/RET and stood down from the Committee for that item.

Councillor McCormick declared an interest in application number 24/00950/RET and stood down from the Committee for that item.

Councillor McCormick declared an interest in the Tree Preservation Order BDB/0719 Land at St Michaels Church as he was Member of St Michael’s Church and stood down from the Committee for that item.

There were no urgent matters.

The Chair confirmed that the minutes of the meetings held on the 11^th September 2024 confirmed by the Committee as a correct record.

The following Public Participation took place:

1 Application - 23/01052/FUL: Erection of dwelling and garage with ancillary residential floorspace above. Creation of new access. Following demolition of existing stable block.  Site: Threeways  Millgreen Lane Mill Green Headley

The Committee considered the report set out on pages 27 of 61 of the agenda and other matters discussed at the meeting.

The Committee discussed the proposed application and acknowledged that the application could only be determined on the current National Planning Policy Framework (December 2023).   Therefore, Members supported the Officers recommendation.

RESOLVED that:  the application be REFUSED subject to the expiry of the consultation period for the following reasons:

1.              The site is considered to be in an isolated and unsustainable location in relation to access to services and facilities. The proposed development would therefore not represent a sustainable form of development and is contrary to Policies 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 (December 2023). There is no justification for departing from the Development Plan or the National Planning Policy Framework (December 2023)

2.              The development would not promote opportunities to sustainable transport, improve accessibility to services and support the transition to a low carbon future. As such, the proposal would be at odds with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

3.              The site is in an area at risk of surface water 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 has also not demonstrated that it would be appropriately flood resilient and resistant. Furthermore, in the absence of an acceptable sequential test, it has not been demonstrated that development is proposed at an appropriate location and that there are no suitable available alternative sites at a lower risk. The application is therefore contrary to Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029, Policy HD4 of the Ashford Hill with Headley Neighbourhood Plan 2022-2029 and the National Planning Policy Framework (December 2023).

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; and

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

          In this instance:

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

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

2 Application - 23/03050/FUL: Erection of 1 no building with 4 no commercial units.   Site: Land At Manor Farm Yard Upton Grey Hampshire

The Committee considered the report set out on pages 62 of 89 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 expressed their concern about the detrimental impact to the Upton Grey Conservation Area, as well as the settings of the Grade II listed Manor House, Old Manor Lodge, Rose Cottage and the Grade II* Registered Park and Garden at the Manor House.

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

Reasons for Refusal

1        The proposed development is considered unacceptable in principle and would not meet all of the criteria contained within Policy EP4 of the Local Plan 2011-2029. The proposed development is not considered to be well designed and of a use and scale that is appropriate to the site and location, especially in regard to landscape and heritage impacts. The proposed is therefore contrary to Policy EP4 of the Local Plan 2011-2029 and paragraph 88 and 89 of the NPPF.

2        The proposed development, by virtue of introducing inappropriate commercial development into a countryside location, would not be sympathetic to, and would fail to respect and integrate with the character, visual amenity and scenic quality of the local landscape. The proposal would involve the erection of 1 building with 4 commercial business unit and associated cutting into the landscape which would change the rural and tranquil character of the area and landscape in which it is located. The rural setting of this landscape would be demonstrably impacted and would be considered unacceptable and contrary to Policy EM1 and EM10 of the Local Plan 2011-2029 and guidance contained within the Landscape, Biodiversity and Trees Supplementary Planning Document (2018), the Design and Sustainability Supplementary Planning Document (2018) and the National Planning Policy Framework (December 2023).

3        The proposed development would cause less than substantial harm to the special character, appearance and setting of the Upton Grey Conservation Area, as well as the settings of the Grade II listed Manor House, Old Manor Lodge, Rose Cottage and the Grade II* Registered Park and Garden at the Manor House and their significance. The proposed development would alter the identified rural characteristic and value and thus the significance of the assets. The introduction of commercial development at the identified site would seek to erode and undermine the identified heritage assets' open rural setting. Notwithstanding any proposed or retained landscaping, it would give rise to urbanizing creep which would diminish the prominent rural character of the area which is integral to its significance and appreciation. The benefits of the development would not sufficiently outweigh the less than substantial harm, and as such the proposal does not comply with the National Planning Policy Framework (2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance contained within the Heritage Supplementary Planning Document (2019).

Informative(s):-

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

          seeking further information following receipt of the application.

          In this instance:

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

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

3. Application - 23/03104/FUL: Change of use from hair and beauty salon to brewery including an eating and drinking establishment (Class Sui Generis) and associated internal refurbishment works. Installation and enlargement of replacement rear doors, alteration to rear step to provide wheelchair access, replacement of front shop windows, painting of company brand name on facades, removal of existing outside WC, erection of single storey outbuilding to the rear for use as a microbrewery, erection of new pergola and landscaping works.  Site: 7 High Street Overton Hampshire RG25 3HB

The Committee considered the report set out on pages 90 of 136 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and the main area of discussion was whether the proposal would increase traffic generation and potential parking issues in the village.

Some Members believed that the proposal would attract people from outside of Overton and were concerned about extra traffic and parking. 

Whereas other Members referred to The Highway Authority’s comments that the scheme would not result in any significant increase in traffic generation when compared to the previous use and due to its central location, convenient access to public transport facilities, and the presence of surrounding public car parking in the area it was considered that the development would have no detrimental impact in terms of undue additional pressure upon parking resources or highway safety and as such was in accordance with Policy CN9 of the Local Plan.

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:         

          Existing and Proposed Site Plan - drawing no. 329_PR000 Rev.D  

          Existing and Proposed Site Section - drawing no. 329_PR300 Rev.D         

          Proposed Site Plan - drawing no.329_PR001   

          Proposed Outbuilding Elevations - drawing no.329_PR203 Rev.C   

          Existing and Proposed Ground Floor Plans - drawing no.329_PR100 Rev.A Existing and Proposed First Floor Plans - drawing no.329_PR101 Rev.A       

          Existing and Proposed Elevations - drawing no.329_PR200 Rev.B 

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

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

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

3        The use, hereby approved, shall not commence until a site-specific Noise Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall demonstrate the adoption and use of the best practicable means to reduce the effects of noise. The plan shall include, but not be limited to, details of:          

          Management Control - effective and responsible management of the premises, detailing:

          Roles of Managers, staff and stewards in control of noise at the premises

          Instruction, training and supervision of those employed or staff and stewards/ SIA staff to manage noise.

The installation and operation of a sound limiting device*      

          Maintenance of any physical controls - e.g. ensuring windows and doors are kept closed/ managing acoustic lobbies. **  

          Mechanical ventilation/cooling to avoid the need to open doors and windows during warmer periods.**         

          Consideration of the choice, location & orientation of speakers.*     

          Rules for the control of patrons, staff and traffic arriving and leaving at the premises.         

          Use of signs to encourage patrons to leave premises quietly / respect neighbours.  

          Controls concerning deliveries/ waste collections and disposal of refuse e.g. bottles.  

          Liaison with public transport providers.  

          Public/ resident liaison - including details of communication with local residents and a complaints management process.     

          The approved plan shall be adhered to when the premises are operational.            

          Advice of an acoustic consultant shall demonstrate the following criteria will be achievable with control measures for amplified music/speech indoors in place:     

          *The noise control shall be designed so that the background noise level (L 90,15min Linear for the one third octave band levels of 50 to 160 Hz and the overall linear noise level), as measured at one metre outside the nearest affected façade of the nearest affected premises with the amplified music and/or vocals switched off, shall not be increased when the music or vocals are played at the typically highest level and a measurement is repeated in L 90 Linear at the same position over any 5 minute period, with the music, vocals and current background noise measured together.   

          **In the case of amplified music and speech break-out from premises, the insulation of the premises and volume and bass setting inside must be adequate to avoid causing disturbance. This will also require an adequate mechanical ventilation system to supply sufficient fresh air for patrons in the warmest weather, thus ensuring that sound proofed doors and windows remain closed. The fitting of a limiter device to control the bass and overall noise levels at source shall also be required.      

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

4        The rating level of the noise emitted from any or all of the plant listed below located at the site shall not exceed 38dB at any premises used for residential purposes surrounding the site when assessed in accordance with BS 4142:2014+A1(2019).      

          o        Kitchen extraction system 

          o        Boiler

          o        Pumps         

          o        Chiller

          The use, hereby approved, shall not commence until a report from an Acoustic Consultant which demonstrates the above requirements have been satisfied has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved report and the plant shall be managed and maintained as approved.                

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

5        The external rear garden, as highlighted in blue and annotated on drawing: Proposed Site Plan - drawing no.329_PR001 shall not be used by visitors/patrons of the approved premises at any time.       

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

6        No outside seating, benches or tables shall be stored or used outside the building within the external rear garden as highlighted in blue on drawing Proposed Site Plan - drawing no.329_PR001 at any time.  

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

7        Notwithstanding information shown on the approved drawings, no relevant works or those above slab level, shall commence on site until details of materials, finishes and external plant have been submitted to and approved by the Local Planning Authority in writing. The submitted details should include physical samples, including on-site sample panels as applicable. The works shall then proceed in strict accordance with the approved details and maintained as such. These requirements include provision of information relating to:       

          the material, colour, finish, size and source of facing bricks for the plinth;

          combined with the above, the material, colour, finish, profile and source of jointing mortar;   

          materials, as to include mortar and render, to be used in the repair and making good of extant, but damaged fabric;     

          the material, size, texture, colour, profile, and source of all cladding material the material, size, texture, colour, profile, and source of roofing materials;     

          materials and finishes to be used in the detailing of valleys, hips, ridges, gables, parapets, eaves and verges;    

          the proposed rainwater goods     

          External plant, design, location and colour       

          REASON: Details are required prior to commencement of work/development to ensure preservation of the significance and/or setting of a heritage asset in accordance with the guidance contained within Section 16 of the National Planning Policy Framework (2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Basingstoke and Deane Heritage SPD.

8        Notwithstanding, and in addition to, the information shown on the approved drawings, no relevant works shall commence on site until full working details of all windows (including rooflights) and doors 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 elements, glazing, glazing units, glazing bars, and methods of opening. Drawings shall be at a minimum scale of 1:20 and with details at 1:5. The works shall then proceed in strict accordance with the approved details and the windows and doors shall be retained and maintained as approved.         

          REASON: Details are required prior to commencement of work/development to ensure preservation of the significance and/or setting of a heritage asset in accordance with the guidance contained within Section 16 of the National Planning Policy Framework (2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Basingstoke and Deane Heritage SPD.

9        No development above slab level shall commence on-site until details of a scheme for the storage (prior to disposal) and collection of refuse and recycling, provided within the curtilage of the site have been submitted to and approved in writing by the Local Planning Authority. The details shall include, but shall not be limited to, the location and design of the storage shelter and a method statement for the collection of waste. The approved details shall be fully implemented before the approved use commences and shall be thereafter retained and maintained in accordance with the approved details.  

          REASON: Details are required because the details are absent from the application and in the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policy CN9 and EM10 of the adopted Basingstoke and Deane Local Plan 2011-2029.

10      No development shall take place until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation and recording which has first been submitted to and approved in writing by the Local Planning Authority.     

          REASON: To ensure that the archaeological interest of the site is properly safeguarded and recorded in accordance with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029. Details are required prior to the commencement of works in the absence of being provided to accompany the planning submission and given the early stage at which archaeological mitigation will be required.

11      No development or other operations (including demolition, site preparation or groundworks) shall commence on site until a non-licenced bat mitigation method statement has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

          REASON: In order to undertake a precautionary approach to with regards to bats prior to works commencing in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029, the Conservation of Habitats and Species Regulations 2017 and the National Planning Policy Framework.

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

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

13      The premises (eating and drinking establishment) shall not open before:         

          1100 hours or remain open after 2200 hours on Mondays to Thursday          

          1100 hours or remain open after 2300 on Fridays;      

          0900 hours or remain open after 2300 hours on Saturday     

          1000 hours or remain open after 1700 hours on Saturday     

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

14      The operation of the microbrewery (including transfer pumps, boil kettles, mash tuns) shall not open before 0900 or remain open after 1600 on Monday to Friday.

          No brewing shall occur on Saturdays, Sundays or Public Bank Holidays.

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

15      The approved use shall not open for trade until a Delivery and Service Management Plan has been submitted to and approved in writing by the Local Planning Authority.  The Plan shall detail how deliveries to the site and the servicing of the building would be managed to minimise as far as reasonably practicable the impact of the delivery and servicing activities in addition to hours of operation.  The approved Delivery and Service Management Plan shall be fully implemented prior to the commencement of the use and shall thereafter be carried out and retained in accordance with the approved details.

          REASON: In the absence of full details being provided, details are required in order to ensure that the servicing of the site will operate without adverse interference to the highway network and would minimise noise impacts in accordance with Policies CN9, EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

16      Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no change of use permitted by Classes AA, JA and MA of Part 3 of Schedule 2 of the Order shall take place on the application site.

          REASON: The change of use permitted by Classes AA, JA, MA may not be acceptable to the Local Planning Authority, having regard to the site's location and in accordance with Policies EM1, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and The Overton Neighbourhood Plan 2016-2029.

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

          REASON: Details are required prior to commencement of work/development to ensure preservation of the significance and/or setting of a heritage asset in accordance with the guidance contained within Section 16 of the National Planning Policy Framework (2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Basingstoke and Deane Heritage SPD.

18      No development (excluding demolition and site clearance) shall commence on site until a detailed surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme shall be implemented and maintained as approved.      

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

19      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.         

          The development shall proceed only in accordance with the Construction Method Statement approved.      

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

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

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

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

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

22      Prior to commencement of the development of the outbuilding a plan or scheme indicating the positions, design, materials and type of screen walls/fences/hedges to be erected shall be submitted to, and approved by, the Local Planning Authority. The approved screen walls/fences shall be erected before the use hereby approved is first occupied and shall subsequently be maintained as approved. Any trees or plants which form part of that approved plan/scheme, 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: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of the amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

23      Prior to commencement of the development of the outbuilding, a scheme detailing the odour control measures to be provided for the kitchen/ microbrewery shall be submitted to and approved in writing by the Local Planning Authority.  Before the outbuilding is first used, the scheme shall be implemented in full and thereafter the system maintained as approved to prevent the transmission of odours to neighbouring premises.

          REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to ensure a satisfactory form of development and to protect the amenities of nearby occupiers and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

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

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

          1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission.  It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works.  A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition.  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.

          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.       The applicant is reminded that this approval does not give any indication of any consent necessary under the Town and Country Planning (Control of Advertisements) Regulations 1992 which may or may not be required nor any indication that such consent will be forthcoming.  The applicant is advised to contact the Head of Planning and Transport in this regard.

4. Application - 23/03105/LBC: Change of use from hair and beauty salon to brewery including an eating and drinking establishment (Class Sui Generis) and associated internal refurbishment works.  Installation and enlargement of replacement rear doors, alteration to rear step to provide wheelchair access, replacement of front shop windows, painting of company brand name on facades, removal of existing outside WC, erection of single storey outbuilding to the rear for use as a microbrewery, erection of new pergola and landscaping works.  Site: 7 High Street Overton Hampshire RG25 3HB

The Committee considered the report set out on pages 137 of 159 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.

Conditions

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

          Existing and Proposed Site Plan - drawing no. 329_PR000 Rev.D  

          Existing and Proposed Site Section - drawing no. 329_PR300 Rev.D         

          Propoed Site Plan - drawing no.329_PR001     

          Existing and Proposed Ground Floor Plans - drawing no.329_PR100 Rev.A Existing and Proposed First Floor Plans - drawing no.329_PR101 Rev.A       

          Existing and Proposed Elevations - drawing no.329_PR200 Rev.B 

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

2        The works to which this Listed Building Consent relate shall be begun before the expiration of 3 years from the date of the consent.

          REASON: To comply with Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended by Section 51(4) of the Planning and Compensation Act 2004) and to prevent an accumulation of unimplemented consents.

3        Notwithstanding information shown on the approved drawings, no relevant works or those above slab level, shall commence on site until details of materials, finishes and external plant have been submitted to and approved by the Local Planning Authority in writing. The submitted details should include physical samples, including on-site sample panels as applicable. The works shall then proceed in strict accordance with the approved details. These requirements include provision of information relating to:      

          the material, colour, finish, size and source of facing bricks for the plinth;

          combined with the above, the material, colour, finish, profile and source of jointing mortar;   

          materials, as to include mortar and render, to be used in the repair and making good of extant, but damaged fabric;     

          the material, size, texture, colour, profile, and source of all cladding materials;the material, size, texture, colour, profile, and source of roofing materials;   

          materials and finishes to be used in the detailing of valleys, hips, ridges, gables, parapets, eaves and verges;    

          the proposed rainwater goods     

          External plant, design, location and colour       

          REASON: Details are required prior to commencement of work/development to ensure preservation of the significance and/or setting of a heritage asset in accordance with the guidance contained within Section 16 of the National Planning Policy Framework (2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Basingstoke and Deane Heritage SPD.

4        Notwithstanding, and in addition to, the information shown on the approved drawings, no relevant works shall commence on site until full working details of all windows (including rooflights) and doors 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 elements, glazing, glazing units, glazing bars, and methods of opening. Drawings shall be at a minimum scale of 1:20 and with details at 1:5. The works shall then proceed in strict accordance with the approved details.   

          REASON: Details are required prior to commencement of work/development to ensure preservation of the significance and/or setting of a heritage asset in accordance with the guidance contained within Section 16 of the National Planning Policy Framework (2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Basingstoke and Deane Heritage SPD.      

5        Notwithstanding, and in addition to, the information shown on the approved drawings, no relevant works shall commence on site until full details of all fittings, services and external plant equipment to be affixed to the listed building 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, methods of fixing, service runs and relevant method statements as appropriate. Drawings shall be at a minimum scale of 1:20 and with details at 1:5. The works shall then proceed in strict accordance with the approved details.

          REASON: Details are required prior to commencement of work/development to ensure preservation of the significance and/or setting of a heritage asset in accordance with the guidance contained within Section 16 of the National Planning Policy Framework (2023), Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and the Basingstoke and Deane Heritage SPD.

6        No development or other operations (including demolition, site preparation or groundworks) shall commence on site until a non-licenced bat mitigation method statement has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

          REASON: In order to undertake a precautionary approach to with regards to bats prior to works commencing in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029, the Conservation of Habitats and Species Regulations 2017 and the National Planning Policy Framework.

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.

          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.       The applicant is reminded that this approval does not give any indication of any consent necessary under the Town and Country Planning (Control of Advertisements) Regulations 1992 which may or may not be required nor any indication that such consent will be forthcoming.  The applicant is advised to contact the Head of Planning and Transport in this regard.

5. Application - 24/00712/FUL: Erection of agricultural barn with hard surface apron and extended access track.  Site: Land East Of Naishes Barn Newnham Road Newnham Hampshire

The Committee considered the report set out on pages 160 of 183 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and were in general support of the erection of the barn for the use of equipment and storage for the agricultural operations and liked the applicant’s proposal for a portion of the site to include an orchard which would soften the development and provide produce.

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:         

          Location and Block Plan - Drawing No. AB_01 Revision C    

          Proposed Plans and Elevations - Drawing No. Peck   

          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 shall commence on site above slab level until details (including samples) of the types and colours of external materials to be used 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.  

          Details are required prior to commencement above slab level because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

4        No development shall take place on site above slab level, until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate) including boundary treatments, hard surfacing and a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting. The approved soft landscaping 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. The approved hard landscaping works shall be implemented prior to occupation of the dwelling. 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 above slab level because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029

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

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

6        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 Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

7        There shall be no deliveries to/collections from the barn when in operation before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays, unless otherwise agreed in writing by the Local Planning Authority.

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

8        No development shall commece on site until a Construction Environmental Management Plan (CEMP) or other similar strategy that sets out reasonable avoidance measures to be taken to avoid impacts on great crested newt during the construction phase is submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall proceed in accordance with the approved details.           

          To prevent impacts on great crested newt protected under the Conservation of Habitats and Species Regulations 2017 and to meet with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 regarding prevention of adverse impacts on key species.

9        No external lighting shall be installed on site until details of any lighting have been submitted to and approved in writing by the Local Planning Authority. The equipment shall be installed before the development is first occupied/use commences and shall thereafter be operated and maintained in accordance with the approved scheme.

          REASON: Details are required prior to any lighting being installed because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area, in accordance with Policies EM1, EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

10      If the agricultural barn hereby permitted ceases to be used for agricultural purposes in relation to the agricultural use of the site, the agricultural barn shall be removed and the land restored to a condition to be agreed in writing with the Local Planning Authority within 3 months of the cessation of the use.  The land shall then be restored to the agreed condition within 3 months of the details being agreed in writing.         

          REASON:  In the interests of the visual amenity of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and to ensure there is an overriding need for the barn in the interests of agriculture in accordance Policy EP4 of Basingstoke and Deane Local Plan 2011-2029.

11      No development shall commence on site until details of surface water drainage have been submitted to and approved by the Local Planning Authority. The approved details shall thereafter be maintained in perpetuity.    

          In order to reduce the risk of surface water flooding in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

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

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

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

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

          seeking further information following receipt of the application;

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

          considering the imposition of conditions

          In this instance:

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

          the application was acceptable as amended 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.

4.        Great crested newt and their habitats are fully protected under law. Where great crested newt are discovered on site, all works should cease immediately and advice sought from a suitably qualified ecologist or Natural England. An enquiry can also be made to NatureSpace Partnership to explore use of the council's District Level Scheme post-planning.

6. Application - 24/00950/RET: Variation of condition 1 of 18/01394/FUL to allow the retention of the driveway from the shared forecourt to the area in front of the house (retrospective).  Site: Olive Lodge 17A Sainfoin Lane Oakley Hampshire

The Committee considered the report set out on pages 184 of 195 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and were perplexed as to why a backyard development didn’t already have permission for a vehicle access rather than a pedestrian footpath.

Members established that a refusal would not enforce the removal of the gravel.   So, on balance they believed the retention of the driveway would not adversely affect the neighboring properties.

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

Conditions

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

          Site Plan - drawing no. P02 Rev. G       

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

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:-

        considering the imposition of conditions

        In this instance:

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

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

7. Application - 24/01377/HSE: Erection of a shed.  Site: Bears Cottage Tubbs Lane Highclere Newbury

The Committee considered the report set out on pages 196 of 210 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.

Conditions

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

          Location and Block Plan - drawing no. P01 Rev. B     

          Proposed plan and elevations - drawing no. P02 Rev. B       

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

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

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

3        The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the submitted approved plans and application forms.

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

4        The digging in relation to the erection of the shed approved shall be by hand only, and should any tree roots be found the spacers shall be built over/around them.     

          REASON: To ensure that reasonable measures are taken in relation to the protection of the established trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (2023) and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and the Landscape, Biodiversity and Trees SPD (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:-

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

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

          In this instance:

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

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

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

The Principal Tree Officer introduced the report which advised that thespecific trees on this site were subject to two simultaneous applications (a notification within a Conservation Area and development application 24/00775/FUL).  In neither case did the applicant produce sufficient evidence or data to support the removal of a significant amenity tree, such that could be reasonably considered by the Planning Authority before the determination of the planning application.  The Council served TPO 0719 to retain the amenity impact on the landscape and protect the tree whilst the application was being determined.

RESOLVED: Tree Preservation Order BDB/0719 be confirmed.

The Tree Officer introduced the report which advised that the council made a Tree Preservation Order to protect a number of trees that were considered significant in the landscape. Whether or not those trees were removed was now dependent on the determination of the current planning application. This report summarised the background behind the making of TPO/BDB/0720 and set out the council’s reasons and basis upon which it was considered that the order should be confirmed (i.e. made

RESOLVED: Tree Preservation Order BDB/0720 be confirmed.