Havant Borough Council Planning Committee Meeting

Apologies for absence were received from Councillor Milne.

RESOLVED that the minutes of the Planning Committee held on 1 and 15 December 2022 and 17 January 2023 be approved as a correct record and signed by the Chairman

There were no declarations of interests relating to matters on the agenda.

There were no matters to be considered for site viewing and deferment.

Proposal:          Application for approval of all Reserved Matters relating to Phase 1 (northern access route from Manor Lodge Road (B2149)) of the Havant Thicket Reservoir Project (Hybrid permission APP/20/00990) and approval of condition Nos: 2, 13, 20, 27, 28, 32, 36, 37, 38 and 39 also in relation to the northern access route.

The Committee considered the written report and recommendation from the Head of Planning to grant permission

The Committee received supplementary information, circulated prior to the meeting, which included a written deputation submitted on behalf of the applicant

The Committee noted that it was required to consider the application as submitted and not have regard to the Southern Water proposals and the reason consultation undertaken by Portsmouth Water Company relating to the route of the pipeline.

In response to questions from members of the Committee, the officers:

1.                  Reminded the Committee that the access from Swanmore Road was not the subject of this application.

The Committee discussed the application in detail together with the views raised in the submitted written statement.

A motion proposed by Councillor Fairhurst and seconded by Councillor Weeks to agree the recommendations was approved. Therefore it was

RESOLVED that application APP/22/00681 be granted permission subject to the following conditions (subject to such changes and/or additions that the Head of Planning considers necessary to impose prior to the issuing of the decision):

1.                  Event Management Plan

            Prior to first use of the site and first use of the Phase 1 Northern Access Route by the visiting public an Event Management Plan shall be submitted to and approved in writing by the Local Planning Authority to confirm how the additional movements will be managed whilst events are taking place at the reservoir. The agreed measures shall be carried out and managed in accordance with the approved details. Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats and to accord with the NPPF (2021) and Havant Borough Local Plan (Core Strategy) 2011 Policies CS11, DM8 and DM12.

2.                  Pedestrian Crossing Point

            Prior to the first use of the site Phase 1 Northern Access Route by the visiting public, details of the pedestrian crossing location along the northern access road shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and shall be implemented prior to the first public use of the Phase 1 Northern Access Route and retained thereafter. Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats and to accord with the NPPF (2021) and Havant Borough Local Plan (Core Strategy) 2011 Policies CS11, DM8 and DM12.

3.                  Reinstatement of Access Road

            Prior to first use of the Phase 1 Northern Access Route by the visiting public, details of how the access shall be reinstated post construction and prior to occupation to be of a suitable standard for use by the public, shall be submitted to and approved in writing by the Local Planning Authority. The reinstatement works shall be carried out in accordance with the approved details and shall be implemented prior to the first public use of the site Phase 1 Northern Access Route and retained thereafter.

Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats and to accord with the NPPF (2021) and Havant Borough Local Plan (Core Strategy) 2011 Policies CS11, DM8 and DM12.

4.                  Entrance Gate Details

Prior to first use of the Phase 1 Northern Access Route by the visiting public, details of the main northern access gate and entrance signage shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and shall be implemented prior to the first public use of the site Phase 1 Northern Access Route and retained thereafter. Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats and to accord with the NPPF (2021) and Havant Borough Local Plan (Core Strategy) 2011 Policies CS11, DM8 and DM12.

5.                  Woodland Management Plan

Prior to the first use of the Phase 1 Northern Access Route a Woodland Management Plan (in line with the advice contained within the DEFRA Guidance “Create a woodland management plan” 29 November 2022) shall be submitted to and approved in writing by the Local Planning Authority to confirm how the woodland and trees either side of the Northern Access Route will be managed, maintained and protected, to include but not limited to the following:

1. Ongoing management of the birch dominated ancient woodland to the east of the northern access routes to ensure it progresses to diverse ancient and semi-natural woodland designed to be resilient to climate change and the pressures placed on it by access route traffic.

2. Protection of the woodland from damage.

3. Management of the belt of largely mature trees along the boundary of Havant Thicket to maintain a diverse and resilient effect on both the wider landscape and the users of the Northern Access Route; and

4. Ongoing protection of the historic Park Pale (ancient woodbank) from adverse use such as ingress into Havant Thicket by cyclists and motorcycles.

The agreed measures shall be implemented and always managed following the bringing into use of the Phase 1 Northern Access Route in accordance with the approved details.

Reason: To protect and sustainably manage existing ecological habitats, trees, ancient woodland and natural heritage assets to accord with the NPPF (2021) and Havant Borough Local Plan (Core Strategy) 2011 Policies CS11 and DM8.

6.                  Approved Drawings

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

Phase 1 Application Site Location Plan (Page 1 and 2)

Highway design

HTR-ATK-AR-RE-DR-D-0017 B2149 General Arrangement Plan (To show Tie-in with Phase 1, for info only) (Sheet 1 of 4)

HTR-ATK-AR-RE-DR-D-0018 Phase 1 Northern Access General Arrangement (Sheet 2 of 4)

HTR-ATK-AR-RE-DR-D-0019 REV C03 Phase 1 Northern Access General Arrangement (Sheet 3 of 4)

HTR-ATK-AR-RE-DR-D-0022 Northern Access Road Pavement Layout (Sheet 2 of 3)

HTR-ATK-AR-RE-DR-D-0023 Northern Access Road Pavement Layout (Sheet 3 of 3)

HTR-ATK-AR-RE-DR-D-0024 B2149 Typical Cross Sections (To show Tie-in with Phase 1, for info only) (Sheet 1 of 1)

HTR-ATK-AR-RE-DR-D-0027 Northern Access Proposed Traffic Signs and Road Markings (Sheet 2 of 3)

HTR-ATK-AR-RE-DR-D-0029 Northern Access Proposed Traffic Signs and Road Markings (Sheet 3 of 3)

HTR-ATK-AR-RE-DR-D-0031 Swept Path at Passing Bays (Sheet 2-3) HTR-ATK-AR-RE-DR-D-0072 Phase 1 Northern Access - Typical Cross Sections (Sheet 1 of 1)

HTR-ATK-AR-RE-DR-D-0073 Pavement Build Up and Tie in Details (Sheet 1 of 1)

HTR-ATK-AR-RE-DR-D-0078 Northern Access Road Detailed Cross Sections (Sheet 3 of 8)

HTR-ATK-AR-RE-DR-D-0079 Northern Access Road - Detailed Cross Sections (Sheet 4 of 8)

HTR-ATK-AR-RE-DR-D-0080 Northern Access Road - Detailed Cross Sections (Sheet 5 of 8)

HTR-ATK-AR-RE-DR-D-0081 Northern Access Road - Detailed Cross Sections (Sheet 6 of 8)

HTR-ATK-AR-RE-DR-D-0082 Northern Access Road - Detailed Cross Sections (Sheet 7 of 8)

HTR-ATK-AR-RE-DR-D-0083 Northern Access Road - Detailed Cross Sections (Sheet 8 of 8)

Drainage design

HTR-ATK-AR-ZZ-SK-D-0018 B2149 North Access Junction Drainage Layout (to show tie-in with Phase 1) (Sheet 1 of 3)

HTR-ATK-AR-ZZ-SK-D-0019 Northern Access Drainage Layout (Sheet 2 of 3)

HTR-ATK-AR-ZZ-SK-D-0020 REV C03 Northern Access Drainage Layout (Sheet 3 of 3)

HTR-ATK-AR-ZZ-SK-D-0033 Check Dam Details (Sheet 3 of 3)

Landscape design

HTR-ATK-ZZ-ZZ-DR-L-0027 Landscape Plan Northern Access (Sheet 1 of 4)

HTR-ATK-ZZ-ZZ-DR-L-0028 Landscape Plan Northern Access (Sheet 2 of 4)

HTR-ATK-ZZ-ZZ-DR-L-0029 Landscape Plan Northern Access (Sheet 3 of 4)

HTR-ATK-ZZ-ZZ-DR-L-0030 REV C05 Landscape Plan Northern Access (Sheet 4 of 4)

HTR-ATK-ZZ-ZZ-DR-L-0046 Landscape Sections Northern Access (Sheet 1 of 3)

HTR-ATK-ZZ-ZZ-DR-L-0047 Landscape Sections Northern Access (Sheet 2 of 3)

HTR-ATK-ZZ-ZZ-DR-L-0048 Landscape Sections Northern Access (Sheet 3 of 3)

HTR-ATK-XX-ZZ-DE-L-0001 Landscape Tree Pit Detail (Sheet 1 of 1)

Tree/Vegetation Clearance

HTR-ATK-RZ-RE-DR-L-1141 B2149 North Access Junction Tree Works Plan (To show Tie-in with Phase 1, for info only) (Sheet 1 of 3)

HTR-ATK-RZ-RE-DR-L-1143 Northern Access Road Tree Works Plan (Sheet 2 of 3)

HTR-ATK-RZ-RE-DR-L-1144 REV C05 Northern Access Road Tree Works Plan (Sheet 3 of 3)

Tree Protection Plans

HTR-ATK-RZ-RE-DR-L-1145 B2149 North Access Junction Tree Protection Plan (To show Tie-in with Phase 1, for info only) (Sheet 1 of 3) HTR-ATK-RZ-RE-DR-L-1146 Northern Access Tree Protection Plan (Sheet 2 of 3)

HTR-ATK-RZ-RE-DR-L-1147 REV C5 Northern Access Tree Protection Plan (Sheet 3 of 3)

Documents

HTR NAR Stage 1 and 2 Response Report dated 23/11/2022 Prepared by Atkins Global (reference HTR-ATK-AR-RE-RP-D-0005 Rev C01).

HTR NAR Stage 1 and 2 Response Report dated 23/11/2022 Prepared by Atkins Global (reference HTR-ATK-AR-RE-RP-D-0005 Rev C01).

Swept path analysis of each passing bay (drawing HTR-ATK-AR_RE-DR-D-0031).

Planning Supporting Statement, Atkins, June 2022 (HTR-ATK-RZ-RE-RP-Z-0012)

Arboricultural Impact Assessment Addendum and Arboricultural Method Statement, Atkins, June 2022 (HTR-ATK-ZZ-ZZ-RP-Z-0167)

Drainage Management Plan, Atkins, October 2022 RevC04 (HTR-ATK-XX-ZZ-RP-Z-0004)

Ecological Mitigation, Compensation and Enhancement Measures, Atkins, June 2022 (HTR[1]ATK-XX-ZZ-RP-Z-005)

Framework Soil Management Plan, Atkins, June 2022 (HTR-ATK-ZZ-ZZ-RP-Z-0166)

Reason - To ensure provision of a satisfactory development.

Proposal:      Variation of Condition 2 of Planning Permission APP/21/01376 relating to revised drawing references - 1) approved Site Layout Plan and 2). Plot 5 elevations/floorplans. 2 The development hereby permitted shall be carried out in accordance with the following approved plans: Plans Site Layout Plan – 01M Plot 1 - Plans & Elevations - Drawing No. 02A Plot 2 - Plans & Elevations - Drawing No. 03C Our Ref: APP/21/01376 Plots 3 & 4 - Plans & Elevations Drawing No. 04D Plot 5 - LC-P5-NMA Plots 6 & 7 - Drawing No. 06B Plots 8 & 9 - Drawing No. 07B Site Section from South to North (plot 4) D-D - Drawing No. 10C Site Elevation from Long Copse Lane - Drawing No. 09 d Street Scene Drawing.

The Committee considered the written report and recommendation from the Head of Planning to grant permission.

In response to questions from members of the Committee, the officers stated that there has been no information regarding the level of external lighting and the type of lighting in this application. A condition to control lighting was covered by a condition.

The Committee discussed the application in detail.

A motion proposed by Councillor Fairhurst and seconded by Councillor Bowdell to agree the recommendations set out in the report was approved. It was therefore

RESOLVED that application APP/21/01376 be granted permission subject to the following conditions:

1.         General

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

            Plans

            Location Plan - Drawing No. LO2 F

            Site Layout Plan – 01M

            Plot 1 - Plans & Elevations - Drawing No. 02A

            Plot 2 - Plans & Elevations - Drawing No. 03C

            Plots 3 & 4 - Plans & Elevations - Drawing No. 04D

            Plot 5 - Drawing No. LC-P5-NMA

            Plots 6 & 7 - Drawing No. 06B

            Plots 8 & 9 - Drawing No. 07B

            Site Section from South to North (plot 4) D-D - Drawing No. 10C

            Site Elevation from Long Copse Lane - Drawing No. 09 d

            Street Scene Drawing.

        Documents

        Arboricultural Implications Assessment and Method Statement dated 3/2/2022 by Barrie Draper

        Ecological Appraisal by WYG dated November 2021

        Reptile Survey by WYG dated November 2021

        Long Copse Management Plan by WYG dated 26 May 2020

        Technical Note by Tetra Tech dated 17/8/21

        Planning Statement dated November 2021 by Nova Planning

        Drainage Strategy and Flood Risk Statement dated 3/2/2022 by Aqua Callidus

        Road Safety Audit Report dated December 2020 by Fenley

        Transport Statement dated November 2021 by Nick Culhane

        Swept Paths Analysis Using 11.2m Refuse Freighter Vehicle – Drawing No. NJC-001 C

        Reason: - To ensure provision of a satisfactory development.

2.         Development shall proceed in accordance with the ecological avoidance, mitigation, compensation and enhancement measures detailed within the submitted Ecological Assessment (WYG, November 2021), Reptile Presence/Likely Absence Survey (WYG, November 2021) and Ecological Management Plan (WYG), May 2020 approved under planning permission reference APP/21/01376, unless otherwise agreed in writing by the Local Planning Authority.

        Reason: To protect biodiversity in accordance with the Conservation Regulations 2019, Wildlife & Countryside Act 1981, the NERC Act (2006), NPPF and Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011.

3.         Notwithstanding the provisions of any Town and Country Planning General Permitted Development Order, no extension, or roof conversion shall be constructed within the curtilage of the site without the prior approval of the Local Planning Authority.

        Reason: In the interests of the amenities of the neighbouring properties, the protection of trees and to ensure adequate parking provision having due regard to policies CS16 and DM13 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

4.         Notwithstanding the provisions of any Town and Country Planning (General Permitted Development) Order 2015, prior to first occupation of the buildings hereby permitted the windows in the first floor on the side elevations facing west (Plots 1 and 5) and east (Plot 5) shall be fitted, to a height of no less than 1.7m above finished floor level, with non-opening lights and textured glass with an obscuration level of no less than Level 4 of the Pilkington Texture Glass scale (or equivalent) and retained as such thereafter. As to the windows in the roof of Plot 5 they shall be fitted to a height of no less than 1.7m above finished floor level and retained as such thereafter.

        Reason: In the interests of the amenities of the occupiers of nearby properties and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

5.         The car parking, servicing and other vehicular access arrangements approved under planning permission APP/21/01376 shall be made fully available for use of this development prior to the development being first brought into use and shall be retained thereafter for their intended purpose.

        Reason: In the interests of highway safety and having due regard to policy DM13 of the Havant Borough Local Plan (Core Strategy) 2011, Policy ENP M1 of the Emsworth Neighbourhood Plan 2021 and the National Planning Policy Framework.

6.         The construction method statement approved under planning permission reference APP/21/01376, shall be strictly complied with at all times, unless otherwise agreed in writing with the Local Planning Authority.

        Reason - In the interests of the amenity of the locality having due regard to Policy CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

7.         The Construction Environment Management Plan (CEMP) approved under planning permission reference APP/21/01376, which included details of measures to avoid harm to the natural environment and the roles and responsibilities of those persons responsible for implementing the agreed CEMP, shall be strictly complied with, unless otherwise agreed in writing with the Local Planning Authority.

        Reason: To protect biodiversity in accordance with the Wildlife & Countryside Act 1981, the NERC Act (2006), the National Planning Policy Framework and Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011.

8.         The Ecological Mitigation & Management Plan (EMMP) approved under planning permission reference APP/21/01376 shall be strictly complied with, unless otherwise agreed in writing by the Local Planning Authority. The approved EMMP measures accord with the detailed within the Ecological Assessment (WYG, November 2021), Reptile Presence/Likely Absence Survey (WYG, November 2021) and Ecological Management Plan (WYG, May 2020). All ecological compensation/enhancement measures shall be installed/implemented in accordance with the ecologist’s instructions and retained in a location and condition suited to their intended function.

        Reason: to protect and enhance biodiversity in accordance with the Conservation Regulations 2019, the Wildlife & Countryside Act 1981 (as amended), the NERC Act 2006, the National Planning Policy Framework and Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011.

9.         The foul and surface water drains and sewers proposed to serve the same, approved under planning permission reference APP/21/01376, shall be strictly complied with unless otherwise agreed in writing by the Local Planning Authority. The development hereby permitted shall not be brought into use prior to the completion of the implementation of all such drainage provision in full accordance with such plans and particulars as are thus approved by the Authority.

        Reason: To safeguard the amenities of the locality and ensure that all such drainage provision is constructed to an appropriate standard and quality and having due regard to policies and proposals CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

10.       The soft landscape scheme approved under planning permission reference APP/21/01376 shall be carried out in accordance with the approved details and in accordance with any timing / phasing arrangements approved or within the first planting season following final occupation of the development hereby permitted, whichever is the sooner. Any trees or shrubs planted or retained in accordance with this condition which are removed, uprooted, destroyed, die or become severely damaged or become seriously diseased within 5 years of planting shall be replaced within the next planting season by trees or shrubs of similar size and species to those originally required to be planted.

        Reason: To ensure the appearance of the development is satisfactory and having due regard to policies CS11, CS16, DM8 and DM9 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

11.       Only those materials approved under planning permission reference APP/21/01376 shall be used in carrying out the development, unless otherwise agreed in writing by the Local Planning Authority.

        Reason: To ensure the appearance of the development is satisfactory and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011, Policy ENP D1 of the Emsworth Neighbourhood Plan 2021 and the National Planning Policy Framework.

12.       As approved under planning permission reference APP/21/01376, the approved tree protective measures, including fencing and ground protection, as shown on the approved Arboricultural Assessment & Method Statement by Barrie Draper dated 25 November 2021 and the Tree Protection Plan shall remain in place during the construction period, with no excavations, storage of materials or machinery, parking of vehicles or fires taking place within the tree protection areas. The development shall be carried out strictly in accordance with the approved submitted details.

        Reason: To safeguard the continued health and presence of such existing vegetation and trees and to protect the amenities of the locality and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

13.       As approved under planning permission reference APP/21/01376, the construction of the services and the final no dig surfacing shall be carried out in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

        Reason: To safeguard the continued health and presence of such existing vegetation and trees and to protect the amenities of the locality and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

14.       Prior to occupation

            The Energy Efficiency scheme, as approved under planning permission reference APP/21/01376, shall be carried out in accordance with the approved specification prior to occupation of any of the dwellings hereby approved, unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the energy efficiency of the residential development in accordance with Policy CS14 of the Havant Borough Local Plan (Core Strategy) and the National Planning Policy Framework.

15.       No part of the development shall be first occupied anywhere on the site until the road(s) serving that dwelling have been laid to at least base course.

        Reason: To avoid excess soil being deposited on the existing roads and having due regard to policy DM10 of the Havant Borough Local Plan (Core Strategy) 2011, Policy ENP D1 of the Emsworth Neighbourhood Plan 2021 and the National Planning Policy Framework.

16.       Prior to occupation, and notwithstanding the provisions of any Town and Country Planning General Permitted Development Order, fences or other means of enclosure at the road junction shall be set back to the sight lines shown on the approved Site Layout Plan drawing number 01M and these visibility splays shall be kept free of obstruction and thereafter maintained and retained.

        Reason: In the interests of highway safety and having due regard to policies CS16 and CS20 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

17.       Prior to the occupation of the development full details of the Electrical Vehicle Charging points shall be submitted to and approved in writing by the Local Planning Authority. The Charging Points shall be installed in accordance with the approved details prior to the occupation of each individual dwelling and retained at all times thereafter.

        Reason: To ensure the appearance of the development is satisfactory and having due regard to policies CS11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

18.       No part of the development shall be first occupied until the means of enclosure have been erected in accordance with the details approved under planning permission reference APP/21/01376. The structures shall thereafter be retained.

        Reason: To safeguard the amenities of the locality and future occupiers of the development having due regard to policy CS16 of the Havant Borough Local Plan (Core Strategy) 2011, Policy ENP D1 of the Emsworth Neighbourhood Plan 2021 and the National Planning Policy Framework.

19.       Prior to occupation the Swift and Bat boxes approved under planning permission reference APP/21/01376 shall be installed in full accordance with the approved details and retained thereafter, unless otherwise agreed in writing by the Local Planning Authority.

        Reason: In the interest of nature conservation and biodiversity net gain and having due regard to policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

20.       Post occupancy

            At all times following occupation of the development hereby approved, all measures necessary to meet the approved water efficiency calculations approved under planning permission reference APP/21/01376, shall be maintained so as to ensure that no more than 110 litres per person per day shall be consumed in the development in perpetuity.

        Reason: There is existing evidence of high levels of nitrogen and phosphorus in the water environment with evidence of eutrophication at some European designated nature conservation sites in the Solent catchment. The PUSH Integrated Water Management Strategy has identified that there is uncertainty as to whether new housing development can be accommodated without having a detrimental impact on the designated sites within the Solent. Further detail regarding this can be found in the appropriate assessment that was carried out regarding this planning application. To ensure that the proposal may proceed as sustainable development, there is a duty upon the local planning authority to ensure that sufficient mitigation is provided against any impacts which might arise upon the designated sites. In coming to this decision, the Council have had regard to Regulation 63 of the Conservation of Habitats and Species Regulations 201 and Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011.