
Meeting
Planning Committee - Havant
Scheduled Time
Thursday, 14th November 2024
5:30 PM
Thursday, 14th November 2024
9:30 PM
Moved; Adjourned
14 Nov 2024
Hurstwood Room, Public Service Plaza, Civic Centre Road, Havant, Hampshire PO9 2AX

Mark Gregory
Expected
Ernest Lam
Expected


Councillor Simon Hagan
Apologies
Councillor Jonathan Hulls
Present, as expected

Councillor Elizabeth Lloyd (formerly known as Dianne)
Independent for Stakes
Present, as expected
View ProfileCouncillor Charles Robert
Apologies
Councillor Reuben Mychaleckyj
Present, as expected
Councillor Jason Horton
Present, as expected
Councillor Paul Tansom
Apologies
Councillor Michael Lind
Present, as expected

Lauren Maidens
Expected

Councillor Richard Brown
Present, as expected
Councillor Netty Shepherd
Not required
She confirmed that the Council’s Standing Orders were silent on this matter. There was no reference either way to a vote either being final or being able to be re-opened (on the basis of a misunderstanding or for any other reason). The Council’s standing orders were in line with other Council’s and this was not a matter that she would expect to be specifically referenced.
Therefore, she considered the matter on the wider legal principles of decision making.
She advised that as a matter of principle, a Council would not usually reconsider a matter once it has been determined by a vote. Indeed, Council Standing Orders had a rule in respect of motions confirming that decisions of the Council made within the last six months could not be changed, unless this provision was formally suspended.
It was possible for a Planning Committee to revisit an application up until a decision was issued, however this happened in instances where, for example, government policy or guidance brought about changes to material considerations (for example affordable housing and nitrates are two that spring to mind). This was to ensure that the decision made was sound because members had regard to all the proper material considerations when arriving at their decision. In this instance there had been no change to a material consideration which would call for reconsideration of the matter.
In this instance it was necessary to seek assurance that members made a reasonable and informed decision.
The Monitoring Officer had considered this matter, the content of the officers’ report, the site visit, the member briefing on 28th October and the Committee itself, and concluded that members had been adequately advised.
During the adjournment officers had discussed this matter with members of the Planning Committee. Members had confirmed that they understood the vote taken and the information provided to support that decision.
Therefore, the Monitoring Officer have formed an opinion on whether constitutionally, there were grounds for a revote. She had concluded not for the following reasons:
1. The Members had been adequately advised on what was been voted on
2. There had been no change to a material consideration which would call for reconsideration of the matter.
Therefore, the vote taken at the Planning Committee on 31 October 2024 on the first substantial item on the agenda, agenda item 5(a) APP/24/00312 - Havant Thicket, adjacent to Sir George Staunton Country Park, Middle Park Way, Havant stood.
Councillor Brown (Chairman)
Councillors Horton, Hulls, Keast (Vice-Chairman), Lind, Lloyd, Rason and Shimbart.
Apologies for absence: Councillor Diamond
Other Councillors:
Councillors Philippa Gray and Tansom
In response to questions from members of the Committee, officers stated that:
1. An additional condition requiring further information about the valve tower, pursuant to its access, could be attached to the application, and those details could be submitted prior to construction of tower.
2. They would request the applicant to submit further details on measures to reduce people from accessing the valve tower, along with risk assessments of those measures.
3. The Committee would not be able to attach an additional condition on the landscaping of main embankment of control tower on this application.
4. Condition 28 of the report could be discharged if Members were concerned about the mitigation and the screening of the application.
5. Condition 28 had already addressed the ecological impacts raised by Members.
6. The normal procedure of discharging conditions would be dealt through delegated powers to the officers.
7. Members would have the opportunity to engage in the details of the conditions before they were to be discharged.
The Committee discussed the application in detail and considered the change in the location of the valve tower, the number of housings around the Reservoir site, and the risk of drowning by accessing the valve tower.
RESOLVED that the Head of Planning be authorised to granted reserved matters approval to APP/24/00311, subject to the conditions set out below, and an extra condition requiring additional safety, including an additional risk assessment and mitigation measures, for access to the tower; the wording of this condition to be delegated to the Executive Head of Place after consultation with the Chairman.
(A) Permission having been first granted for Planning Application APP/24/00312 - Application under Section 73 of the Town and Country Planning Act 1990 in respect of Conditions 2 and 3 of the Hybrid permission planning reference APP/20/00990 dated 15th October 2021 for proposed changes to the size and alignment of the main reservoir embankment (under consideration elsewhere on this agenda); and
(B) 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):
Conditions:
1. Approved Drawings and Documents
Documents
· Covering letter
· Planning Statement
· Environmental Statement of Conformity (Main Reservoir Embankment, Culvert and Valve Tower)
Drawings:
HTR-GHD-ZZ-ZZ-DR-T-0021 Rev P02 Planning Strategy Key Plan;
HTR-GHD-ZZ-ZZ-DR-T-0019 Rev P03 Main Embankment Reserved Matters Application Area;
HTR-COF-EM-RE-DR-GE-4002 Rev P01 Main Embankment Proposed Site Layout ;
HTR-COF-EM-RE-DR-GE-4003 Rev P01 Main Embankment Cross-Sections;
HTR-GHD-ZZ-ZZ-DR-T-0013 Rev P04 Proposed Culvert and Valve Tower Site Layout;
HTR-GHD-ZZ-ZZ-DR-T-0020 Rev P07 Outlet Works Valve Tower & Culvert General Arrangement Plans and Sections;
HTR-GHD-ZZ-ZZ-DR-T-0015 Rev P04 Valve Tower General Arrangement Plan and Sections;
HTR-GHD-ZZ-ZZ-DR-T-0011 Rev P04 Main Embankment Landscape Plan;
HTR-GHD-ZZ-ZZ-DR-T-0018 Rev P02 Main Embankment Landscape Cross-Sections LA1-LA3;
HTR-GHD-ZZ-ZZ-DR-T-0040 Rev P01 Valve Tower Elevation
The development hereby permitted shall be carried out in accordance with the following approved plans and particulars:
Reason - To ensure provision of a satisfactory development.
- Document Minutes of Previous Meeting 22 Oct 2024
- Document Minutes of the Site Viewing Working Party 22 Oct 2024
Councillor Horton declared that although he had made comments prior to this meeting in relation to APP/24/00312 and APP/24/00311, he had not formed a conclusive view and would listen to all comments before deciding which way to vote on these applications.
- Document Apps for Dev Report 22 Oct 2024
Additional Documents
- Document S73 MAIN EMBANKMENT COMMITTEE REPORT FINAL HAVANT Final report 22 Oct 2024
- Document APPENDIX A - Planning Strategy Key Plan 22 Oct 2024
- Document APPENDIX B - RESERVOIR OUTLINE MASTERPLAN 22 Oct 2024
- Document APPENDIX C - LANDSCAPE PLAN CONTROL HOUSE 22 Oct 2024
- Document APPENDIX D - LANDSCAPE PLAN AVENUE STAIRCASE 22 Oct 2024
- Document APPENDIX E - LANDSCAPE PLAN GIPSIES PLAIN 22 Oct 2024
- Document APPENDIX F - LANDSCAPE PLAN VIEWING PLATFORM 22 Oct 2024
- Document APPENDIX G -MAIN EMBANKMENT SECTION A 22 Oct 2024
- Document APPENDIX H - MAIN EMBANKMENT SECTIONS B & C 22 Oct 2024
- Document APPENDIX I - MAIN EMBANKMENT SECTIONS D & E 22 Oct 2024
- Document APPENDIX J - ACCESS ROUTES VEHICLE ACCESS ROUTE SOUTH SHEET 1 22 Oct 2024
- Document APPENDIX K - ACCESS ROUTES VEHICLE ACCESS ROUTE SOUTH SWANMORE ROAD 22 Oct 2024
- Document APPENDIX L - MAIN EMBANKMENT PROPOSED SITE LAYOUT 22 Oct 2024
- Document APPENDIX M - MAIN EMBANKMENT CROSS SECTIONS 22 Oct 2024
- Document APPENDIX N - PROPOSED CULVERT AND VALVE TOWER SITE LAYOUT 22 Oct 2024
- Document APPENDIX O - OUTLET WORKS VALVE TOWER & CULVERT GENERAL ARRANGEMENT PLANS AND SECTIONS 22 Oct 2024
- Document APPENDIX P - VALVE TOWER PLAN AND SECTIONS GENERAL ARRANGEMENT 22 Oct 2024
- Document Havant Thicket update paper 1 22 Oct 2024
- Document HBC & EHDC Presentation S73 RMA Member Briefing 28th October 2024 22 Oct 2024
- Document HTR-FUW-P3-RC-TN-W-1803 - Valve Shaft Relocation Technical Note 22 Oct 2024
- Document Deputation_Planning Committee 31oct2024_TV 22 Oct 2024
- Document HTR.Deputation.31.10.24 22 Oct 2024
- Document Statement by the Applicant - Section 73 - 29102024 22 Oct 2024
- Document Havant Thicket update paper 2 22 Oct 2024
- Document Photos of Valve Towers at Reservoirs 22 Oct 2024
Proposal: Application under Section 73 of the Town and Country Planning Act 1990 in respect of Conditions 2 and 3 of the Hybrid permission planning reference APP/20/00990 dated 15th October 2021 for proposed changes to the size and alignment of the main reservoir embankment.
The Committee considered the written report and recommendation from the Head of Planning to grant planning permission subject to conditions.
The Committee received supplementary information, circulated prior to the
meeting, which included:
1. Three written submissions, submitted by the applicant’s agent, Ms Brooks, on behalf of Havant Climate Alliance and Havant Friends of the Earth, and Ms Viney.
2. Minutes of the Site Viewing Working Party held on 24 October 2024.
3. Two addendum updates, which contained the presentation provided at the officer briefing, responses to the queries made at the Site Viewing Working Party on 24 October 2024; and responses to questions arising from the officer briefing held on the 28 October 2024.
The Committee was addressed by:
1. Ms Brooks, who reiterated the issues set out in the written deputation submitted.
2. Mr Turner and Mr Hanson, the applicant’s agents, reiterated the issues set out in the written deputation submitted.
In response to questions from members of the Committee, Mr Turner and Mr Hanson stated that:
1. The detailed design process conducted by a panel of engineers, including external engineers highlighted the need to relocate the valve tower.
2. Fencing, signage, water, hostile architecture and the lack of handrails on the valve tower would prevent and deter intruders from gaining access to it.
3. At various points around the reservoir, there would be safety measures including signage that would provide an emergency contact telelphone number.
4. The safety risk assessment has concluded that it would be unacceptable to put the valve tower within the embankment of the reservoir as originally proposed.
5. All the pipework and valves within the valve tower would be designed to be accessed and maintained via the culvert.
6. The CDM risk assessment was one of many processes carried out before arriving at the current engineering solution of moving the valve tower.
7. Response (d) of the first addendum paper addressed the reasons for the relocation of the valve tower.
8. Page 7 of the second addendum paper had addressed how unauthorised personnel would be prevented from accessing the control house.
In response to a question raised by a Member of the Committee seeking clarification on the two applications submitted for consideration at the meeting, the officers advised that the Section 73 application does amend the original application.
The officers commented on the issues raised by public speakers and in the written submissions as follows:
· There would be a whole range of other legislations and regulations that operate outside of planning, which would govern the safety of the reservoir.
· It would be impossible to eradicate risk completely, particularly the risk of persons committed to getting into the reservoir. However, there would be a range of methods that could be implemented to minimize this risk.
· There were other similar valve tower designs elsewhere, and that such designs were quite common.
· Measures to address the risk of unauthorised access to the reservoir and drowing would be covered by condition 26 as set out in the report.
· Risks of drowning were considered at the outline stage of the application.
In response to questions from members of the Committee, officers stated that:
a. Condition 26 has not been discharged.
b. The risks posed by the Reservoir would not be so unacceptable to the level that it would warrant a refusal to the application.
c. There would be a further opportunity to reinforce the safety condition.
d. The variation on the actual embankment would be set out in page 30 of the report.
The Committee discussed the application in detail together with the views raised by deputees.
The Committee considered the visual aspects of the application, the valve tower’s relocation, the design and the look of the tower, the risks of the changes introduced by the application, and the wildlife corridor of the reservoir.
RESOLVED that application APP/24/00312 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
The development must be begun not later than five years beginning with the date of the original permission APP/20/00990 dated 15th October 2021.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2
No part of the development hereby approved in outline (as set out in the Development Specification, Table 2.2, enclosed below) shall be commenced, except for site clearance, set up and remediation works, and ground investigations until applications for written approval of the details of the siting, scale and external appearance of the development, and the landscaping of the site (herein after called "the reserved matters") have been submitted to and approved by the Local Planning Authority. Application(s) for approval of the matters reserved by this planning permission must be made not later than the expiration of 5 years from the date of the decision notice dated 15th October 2021; and Development must be begun not later than the expiration of 2 years from the final approval of reserved matters for the relevant phase, or, in the case of approval on different dates, the approval of the last such matter to be approved.
Element
Scheme Parameters (Section 73)
Level of Detail
Reservoir capacity
Minimum required total capacity: 8,700 million litres
Maximum capacity: at least 9,600 million litres, up to a Top Water Level (TWL) of 39.5 m AOD.
Fixed
Supply rate
Output capacity: at least 21 Ml/d in extreme (currently defined as 1:200 year) drought conditions.
Fixed
Embankment
Max 20 m high.
Crest level 40.5 m AOD.
Length 2,800 m.
Inside slope: to range from 1:7 to 1:9.
Outside slope: to range from 1:7 to 1:9.
Outer toe (edge): +/- 2 m horizontal range.
Crest line position: +/- 20m horizontal range to accommodate any potential alignment change.
Outline
Embankment adjacent to Staunton Country Park
Toe (edge) of the embankment is fixed at a minimum of 25 m from the edge of woodland along the southern boundary of the Site (known as Hammond’s Lands Copse).
Embankment with slope varying from 1:8 to 1:9.
Staircase detail along alignment of The Avenue joining pedestrian access from Staunton Country Park with viewing area at the crest.
Fixed
Top Water Level (TWL)
39.5 m AOD.
1.0 m freeboard (height from TWL to embankment crest) to prevent/limit overtopping.
Fixed
Spillway/overflow
3 m long weir/700 mm diameter pipe.
Fixed
Slope protection material
Range of up to 450 mm thick layer of protection. Rip-rap (rock armour). Rock mattresses would be brushed with topsoil allowing planting with aquatic/marginal species such as reeds and sedge grasses.
Fixed
Lowest operating level
27.5 m AOD
Lowest 20% to be considered dead storage, minimum level before reservoir operationally fails.
Fixed
Emergency drawdown facility
Discharge capacity of 10.9 m³/s
Reservoir can be lowered by 1/3 of water depth in six days.
1.4 m diameter scour pipe and submerged discharge valve discharging into Riders Lane Stream at the proposed control house.
1.2 m diameter inlet/outlet pipe discharging into the Hermitage Stream 3 km downstream.
Fixed
Wetland retaining structure
A retained wetland extending for approximately 1.3 km along the northern shoreline.
4No. retained wetland compartments, plus provision of an area for wet grassland habitat creation to the east of the retained wetland.
Retention of wetland during drought levels in main reservoir.
Minimum area of retained wetland provided ~10 ha.
Outline (commitment to minimum area)
Control house
Maximum width of building frontage: 33 m.
Maximum height of building wall above external ground level: 6m (excluding security fence).
Schedule of accommodation: total area approximately 567m2 (excluding courtyard).
Reinforced concrete outer structure with cladding, composite roof slab with green roof, steel frame/blockwork internal walls.
Outline
Visitor Centre
Maximum envelope of 35 m x 55 m and maximum height of 10 m.
Outline
Bird Hide
Maximum envelope of 9 m x 20 m and maximum height of 5 m.
Outline
Viewing Area
Location along the western boundary and outline design.
Outline
Vehicle Access
New junctions off B2149 (to the north) and Swanmore Road (to the south).
Fixed
Northern Access Route from junction with B2149 and car park
Single lane single, 3.65 m wide carriageway with passing bays and 0.5 m verges with 0.9 m embankment slopes and a 6.45 m wide footprint.
Outline
Pipeline
Maximum diameter of pipeline: 1.2 m
Maximum length: 4.85 km (of which 210 m within reservoir site and application)
Maximum envelope for above ground kiosk (associated with discharge structure): H3 m x W6.5 m x L10.5 m is the size of above ground kiosk at Hermitage Stream (excluding slab H0.5 m x W6.5 m x L11.6 m).
Overall height: 3.5 m above ground level.
Outline
Reason: The application was submitted as part outline part full application in accordance with the provisions of Article 3(1) of the Town and Country Planning (Development Management Procedure) Order 1995 and in accordance with the provisions of Section 92 of the Town and Country Planning Act, 1990 and the Planning and Compulsory Purchase Act 2004.
3
The development hereby permitted shall be carried out in accordance with the following approved plans:
Drawings
HTR-GHD-ZZ-ZZ-DR-T-0001 P04 RESERVOIR OUTLINE MASTERPLAN
HTR-GHD-ZZ-ZZ-DR-T-0021 PLANNING STRATEGY KEY PLAN
HTR-GHD-ZZ-ZZ-DR-T0001 P04 RESERVOIR OUTLINE MASTERPLAN
HTR-GHD-ZZ-ZZ-DR-T-0004 P04 LANDSCAPE PLAN CONTROL HOUSE
HTR-GHD-ZZ-ZZ-DR-T-0005 P02 LANDSCAPE PLAN AVENUE STAIRCASE
HTR-GHD-ZZ-ZZ-DR-T-0006 P03 LANDSCAPE PLAN GIPSIES PLAIN
HTR-ATK-ZZ-ZZ-DR-L-0015 Landscape Plan - North West Corner
HTR-GHD-ZZ-ZZ-DR-T-0007 P03 LANDSCAPE PLAN VIEWING PLATFORM
HTR-GHD-ZZ-ZZ-DR-T-0008 P02 MAIN EMBANKMENT SECTION A
HTR-GHD-ZZ-ZZ-DR-T-0009 P03 MAIN EMBANKMENT SECTIONS B & C
HTR-GHD-ZZ-ZZ-DR-T-0010 P02 MAIN EMBANKMENT SECTIONS D & E
HTR-ATK-AR-RE-DR-D-0001 Northern Access Route off B2149
HTR-ATK-AR-RE-DR-D-0002 Northern Access Junction off B2149
HTR-GHD-ZZ-ZZ-DR-T-0002 P03 ACCESS ROUTES VEHICLE ACCESS ROUTE SOUTH SHEET 1 OF 1
HTR-GHD-ZZ-ZZ-DR-T-0003 P02 ACCESS ROUTES VEHICLE ACCESS ROUTE SOUTH SWANMORE ROAD
S73 Additional Drawings
HTR-COF-EM-RE-DR-GE-4002 P01 MAIN EMBANKMENT PROPOSED SITE LAYOUT
HTR-COF-EM-RE-DR-GE-4003 P01 MAIN EMBANKMENT CROSS-SECTIONS
HTR-GHD-ZZ-ZZ-DR-T-0013 P04 PROPOSED CULVET AND VALVE TOWER SITE LAYOUT
HTR-GHD-ZZ-ZZ-DR-T-0020 P07 OUTLET WORKS VALUE TOWER & CULVERT GENERAL ARRANGEMENT PLANS AND SECTIONS
HTR-GHD-ZZ-ZZ-DR-T-0015 P04 VALVE TOWER PLAN AND SECTIONS GENERAL ARRANGEMENT
Documents
Engineering and Design Report
Planning Statement
Development Specification
Environmental Statement (Volumes 1 - 4) including Non-Technical Summary. The Volume 4 Appendices include the following standalone reports:
Outline Construction Environmental Management Plan including Record of
Environmental Actions and Commitments or REAC (ES_Volume_4_Appendix_A2.1_OEMP)
Transport Assessment (ES_Volume_4_Appendix_A13.1_TA)
Flood Risk Assessment (ES_Volume_4_Appendix_A15.2_FRA)
Water Framework Directive Compliance Assessment (ES_Volume_4_Appendix_A15.1_WFD)
Arboricultural Impact Assessment (ES_Volume_4_Appendix_A9.14_AIA)
HTR-ATK-RZ-RE-DR-L-113 Revised Tree Protection Plan Sheet 37 of 40 (revP01.1)
Design and Access Statement
Statement of Community Involvement
Outline Biodiversity Mitigation and Compensation Strategy Article 4.7 Statement
S73 Documents April 2024
Planning Statement (April 2024)
Design and Access Statement (April 2024)
‘You Said, We Did’ Report (April 2024)
Section 73 Development Specification (April 2024)
Section 73 Engineering and Design Report – Addendum (April 2024)
Environmental Statement Addendum (April 2024), including updated visualisations and Non-technical Summary
ADDITIONAL INFORMATION SUBMITTED FEBRUARY 2021
A Summary of the Benefits of Havant Thicket Reservoir
HTR TNPS02 Traffic Distribution Sensitivity revision_V2.0 dated 25/01/2021
HTR TNPS03 Report on Northern Access Layout dated 29/01/2021
HTR Water Framework Directive Article 4.7 29/01/2021
ADDITIONAL INFORMATION SUBMITTED APRIL 2021
Access for Non-Motorised Users - Technical Note dated 01/04/2021
Access Strategy, Rat Running and Construction Management - Technical Note dated 01/04/2021
Framework Construction Management Plan dated 31/03/2021
Article 4.7 Shortlisting Methodology dated 01/04/2021
Transport Assessment Addendum - Framework Travel Plan dated 01/04/2021
Implementation Plan for Off Site Biodiversity Mitigation and Compensation dated 01/04/2021
Reason: - To ensure provision of a satisfactory development.
4
Prior to the commencement of development, a detailed phasing plan for the development shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved phasing plan and no variation shall be made without the prior written approval of the Local Planning Authority. Approval will not be given if in the reasonable opinion of the Local Planning Authority the proposed variation creates new environmental impacts which exceed the range or scale of those measured and assessed in the Environmental Statement (including the further information) and which the Local Planning Authority considers may require further or additional mitigation measures.
Reason: The Environmental Impact and merits of the proposed development have been assessed on this basis.
5
No phase of the development approved under Condition 4 shall commence until a phase specific Construction Environmental Management Plan for that parcel has been submitted to, and approved in writing by, the Local Planning Authority. The CEMP shall be based upon, and be in broad accordance with, Volume 4 Appendix A2.1 of the application Environmental Statement (Outline Environmental Management Plan). It should demonstrate that the risk to controlled waters will be appropriately managed, and include both temporary and permanent construction features and detail information on locations of proposed techniques such as cofferdams, culverting and piping and the associated flood risks and mitigation measures. The development shall be carried out strictly in accordance with the approved details.
Reason: To ensure that the construction process is carried out in a manner which will minimise disturbance, pollution & nuisance to neighbouring properties or within the public realm. To avoid inappropriate parking practices, and turning and manoeuvring of construction vehicles which adversely impact either the use- or safety- of the public highway. This condition is imposed having due regard to policies DM10 & CS15 (Havant Borough Local Plan (Core Strategy) 2011), and the National Planning Policy Framework.
6
No phase of the development approved under Condition 4 shall commence until a Construction Method Statement (CMS) for that phase 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: To ensure that the construction process is carried out in a manner which will minimise disturbance, pollution & nuisance to neighbouring properties.
7
The reserved matters application for the North West Corner (including visitor centre and car park) submitted pursuant to Conditions 2 and 4 shall include:
-Consideration of the play area location (currently in proximity to the bin store, a more suitable location should be explored);
-Any non-residential buildings to achieve BREEAM 'Very Good' certification and/or contribute to a reduction in greenhouse gas emissions using 'Fabric First' principles and renewable technology (i.e. solar PV);
-Closed Circuit Television (CCTV) cameras linked to a monitoring station to provide for immediate response to incidents as they are occurring; - Electric Vehicle (EV) parking spaces and charging points; - Cycle parking (within a covered Sheffield stand).
Regarding the latter, cycle parking for e-bikes, tandem bikes, cargo bikes and bicycles used by disabled visitors should be considered and provided.
Reason: In the interests of safety, social inclusion and sustainable development.
8
No construction on the reservoir site shall take place outside the hours of 07:30-18:00 Monday to Friday, 07:30-13:00 on Saturday and no Sunday working, with the exception of specific works that shall have been agreed in writing with the Local Planning Authority in advance and shall include details of the task, the date and duration of works. No works shall take place on Bank or Public Holidays.
Reason: In the interests of the amenities of local residents.
9
No phase of the development approved under Condition 4 shall commence until a construction noise and vibration management plan, including a targeted scheme wide construction noise and vibration monitoring and reporting programme, 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: To ensure that construction noise and vibration is managed effectively so that levels do not regularly exceed the threshold for significant impacts.
10
No phase of the development approved under Condition 4 shall commence until a revised and updated assessment of potential noise and vibration arising during construction shall be prepared in accordance with BS 5228-1:2009+A1:2014. The assessments shall include likely eligibility for noise insulation or temporary re housing and shall be submitted to and approved in writing by the Local Planning Authority and construction carried out in accordance with the agreed recommendations.
Reason: To minimise potential noise impacts on nearby sensitive receptors.
11
Subject to Condition 10 [ABOVE], no night time working shall take place, unless otherwise in accordance with a scheme submitted to and approved in writing by the Local Planning Authority. Night-time works to be carried out strictly in accordance with the approved scheme.
Reason: To avoid potentially significant impacts of noise and vibration upon residential receptors.
12
A) No development shall take place until a Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing by, the Local Planning Authority (in consultation with Hampshire County Council as local highways authority).
B) No phase of the development approved under Condition 4 shall commence until a phase specific CTMP for that parcel has been approved in writing by the local planning authority. The CTMP(s) shall include all commitments set out in the Framework CTMP, dated 31/03/2021, submitted with the planning applications and will include a Construction Traffic Management Strategy and Construction Worker Travel Plan. The CTMP shall include the following:
o vehicle routing plans
o proposed programme and duration
o number of construction personnel including travel arrangements and mitigation where necessary
o alterations to the highway, including temporary and / or permanent, to enable construction
o details of the number of construction and delivery vehicles using the public highway (no abnormal loads are anticipated at this stage)
o traffic management details
o compounds and laydown area details
o highway condition surveys
o methods for managing the site to prevent mud onto the highway
o details of on-site contractor parking.
The CTMP shall be implemented in accordance with the agreed details.
Reason: To ensure the safe and efficient operation of the highway network.
13
Before each phase of development approved under Condition 4 above is commenced, a scheme indicating the provision to be made within that phase for people with disabilities to gain access to publicly accessible area and buildings shall have been submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented before the land and/or buildings concerned are brought into use.
Reason: In the interests of social inclusion and sustainable development.
14
Before the development of the final phase (visitor facilities phase) of development approved under Condition 4 above is commenced, a signage strategy for the operational phase of the site 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 before commencement of the operation phase and retained thereafter.
Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats.
15
Prior to commencement of construction of the visitor facilities a Wayfinding Infrastructure Strategy shall be submitted to, and approved in writing by, the Local Planning Authority in consultation with the Highway Authority. The Strategy should include the design and location of signage, seating and public art across the site. Signage should not be limited to the visitor centre, trails and bird watching areas, but should also include key areas surrounding Havant Thicket such as, but not limited to, Dunsbury Park, Horndean, Leigh Park, Rowlands Castle and Staunton Country Park. The requirements of the Wayfinding Infrastructure Strategy shall be implemented in full prior to visitor facilities first being brought into use.
Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats.
16
The following site access improvements for non-motorised users (within the red line boundary) will be implemented in full prior to completion of the Access Junctions, as outlined on drawing HTR ATK RP - Z - 0076:
a) Improved site access at Cedar Drive to connect to the diverted bridleway with newkissing (accessible and cycle friendly) and horse friendly gates (Access 3);
b) A new bridleway access into the site to the north of the southern access road(diversion of Bridleway 121); in accordance with the Access for Non Motorised Users Technical Note, dated 01/04/2021, submitted with the planning applications and Planning Drawings: HTR-ATK-AR-RE-DR-D-0005-Vehicle Access Route South Plan revC04; HTR-ATK-AR-RE-DR-D-0006-Vehicle Access Junction South (Swanmore Road) revC04. Furthermore, investigations shall take place to provide a further non-motorised users on the northern access to provide a direct north-south sustainable link.
Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats.
17
The following site access improvements for non-motorised users (within the red line boundary) will be implemented in full prior to completion of the visitor facilities:
a) Localised upgraded of existing site access at the south western corner of the site close to junction of Swanmore Road and Well Meadow (Access 6);
b) A new gated pedestrian and cycle access to be provided from Swanmore Road into the site south of the new vehicular access (Access 7);
c) A bridleway crossing will be provided from the new southern access route to link the diverted Bridleway 120 to the junction of the existing Bridleways 120 and 121 in accordance with (Access 8), in accordance with the Access for Non Motorised Users Technical Note, dated 01/04/2021, submitted with the planning applications and Planning Drawings: HTR-ATK-AR-RE-DR-D-0005-Vehicle Access Route South Plan revC04; HTR-ATK-AR-RE-DR-D-0006-Vehicle Access Junction South (Swanmore Road) revC04.
Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats.
18
Unless otherwise agreed in writing before the development of the final phase (visitor facilities) of development, details of how through movement of traffic has been prevented by the detailed design, in the form of a physical barrier within the car park to ensure visitors can not travel between the north and south access (rat-running), and details of measures to deter motorcyclist access shall be submitted to and agreed in writing by the Local Planning Authority. The barriers should also be provided at the northern and southern entrances and locked at night time to prevent anti-social behaviour. The development shall be carried out in accordance with the approved details and retained thereafter.
Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats.
19
No development shall commence on site until the works to the vertical profile on the B2149, in accordance with drawing HTR-ATK-AR-RE-DR-D-0010, has been undertaken to the satisfaction of the Local Planning Authority, in consultation with the Highway Authority, and as such approved in writing, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of highway safety, visitor amenity and safety and protection of new and existing habitats.
20
No phase of the development approved under Condition 4 shall commence until a Lighting Strategy for that phase or parcel has been approved by the local planning authority. The Strategy must include:
Proposed specifications for external lighting of service areas, parking, buildings, signs, open space and access junctions.
Measures to prevent obtrusive light to residents and distraction of motorists.
Measures to minimise light pollution.
Appropriate energy efficiency technology
Permanent lighting will comprise hooded luminaires directed away from vegetation, particularly the boundary hedgerows and treelines to avoid any light spill onto retained vegetation.
Lighting will follow good practice current at the time of detailed design. The new lighting will be task-related, associated with the visitor centre and associated car park and with no lighting on the access roads. The lux level will be as low as possible to meet their purpose safely and effectively.
The lighting for each phase or parcel shall be carried out in accordance with the approved Lighting Strategy and shall be retained and maintained as such thereafter.
Reason: In the interests of safety, visual and residential amenity and habitats and the environment.
21
No phase of development approved under Condition 4 hereby approved shall commence until an Archaeological Management Plan (AMP) has been submitted to, and approved in writing by, the Local Planning Authority. The AMP will provide appropriately for all aspects of archaeological recording and will serve as an over-arching Written Scheme of Investigation for all archaeological works.
Reason: To record important archaeological features.
22
No development within a Development Phase shall commence until the applicant has submitted, and the Local Planning Authority has approved, a written scheme for the programme of archaeological mitigation within that Development Phase area. The programme for archaeological mitigation shall then be implemented in accordance with the agreed written scheme.
This condition may be discharged on an individual Development Phase basis or on a section by section basis.
Reason - To mitigate the effect of the works associated with the development upon any heritage assets and to ensure that information regarding these heritage assets is preserved by record for future generations. This is a pre-commencement requirement because of the need to secure satisfactory archaeological protection in advance of each individual Development Phase commencing.
23
No development within a Development Phase shall commence until the applicant has submitted, and the Local Planning Authority has approved in writing, a Written Scheme for recording all historic assets within that Development Phase area. The recording of all historic assets shall then be implemented in accordance with the agreed scheme.
This condition may be discharged on an individual Development Phase basis or on a section by section basis.
Reason - To mitigate the effect of the works associated with the development upon any heritage assets and to ensure that information regarding these heritage assets is preserved by record for future generations. This is a pre-commencement requirement because of the need to secure satisfactory archaeological protection in advance of each individual Development Phase commencing.
24
Following completion of archaeological fieldwork within a Development Phase, a report shall be produced in accordance with an approved programme including, where appropriate, post-excavation assessment, specialist analysis and reports, publication and public engagement related to that Development Phase area and submitted to the Local Planning Authority.
This condition may be discharged on an individual Development Phase basis or on a section by section basis.
Reason - To contribute to the knowledge and understanding of past uses and activities on site by ensuring that opportunities are taken to capture evidence from the historic environment and to make this publicly available.
25
No development of the Embankment phase, approved under Condition 4, hereby approved shall commence until the applicant has submitted, and the Local Planning Authority has approved in writing options for enhancement and interpretation of the historic environment. Measures shall include the following:
i. A mechanism to interpret the role of the Avenue in the understanding of value of the Leigh Park RPG and Sir George Staunton Conservation Area in order to offset the harm caused by its partial removal.
ii. The full extent of the Avenue is fully recorded before it is further truncated. This should include a photographic record and a detailed plan showing all features of historical interest.
iii. A landscaping scheme is devised to integrate the reservoir with the Avenue a detailed Scheme of Soft and Hard Landscape Works has been submitted to and approved in writing by the Local Planning Authority.
iv. A timetable for implementation and arrangements for maintenance of the approved details
The designs should be developed in consultation with Historic England and the Local Planning Authority Heritage Manager, as well as the Hampshire County Archaeologist, where appropriate. The development shall be carried out in accordance with the approved details and retained thereafter.
Reason: To ensure the protection of important heritage and historical features.
26
Prior to construction of the Embankment phase of development approved under Condition 4 above, a scheme indicating the measures to reduce the risk of drowning shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained thereafter.
Reason: In the interests of safety for the general public.
27
Any reserved matters application for layout or landscaping submitted pursuant to Condition 4 shall include the submission of a Tree Survey and updated Arboricultural Impact Assessment (including a Tree Constraints Plan), Arboricultural Method Statement and Tree Protection Plan showing the tree or group of trees, the Root Protection Area(s) and the crown spread(s) in relation to the proposed development. All tree root protection areas identified, shall be protected by protection fencing in accordance with BS 5837:2012. The approved tree protection measures shall be implemented before any equipment, machinery, or materials are brought on to the site in connection with the works. They shall be retained intact for the duration of the construction works and shall only be removed or altered following completion of that phase.
Reason: To preserve the amenity visual amenity of the locality.
28
No phase of the development approved under Condition 4 shall commence until full details of the landscaping of that parcel has been submitted to and approved by the Local Planning Authority. Each reserved matter application shall set out how it complies with the approved planning drawings and any subsequent amendments shall be agreed in writing with the Local Planning Authority. The details shall include:
i) Written specifications (including cultivation and other operations associated with plant and grass establishment,
ii) Planting methods, tree pits & guying methods,
iii) Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate,
iv) Retained areas of grassland cover, scrub, hedgerow, trees and woodland,
v) Manner and treatment of watercourses, ditches and banks,
vi) Details of all hard-surfaces, such as paths, access ways, seating areas and parking spaces, including their appearance, depth and permeability,
vii) A timetable for implementation of the soft and hard landscaping works.
The scheme of Landscaping Works shall be implemented in accordance with the approved timetable. Any plant which dies, becomes diseased or is removed, within 10 years shall be replaced with another of similar type and size, unless otherwise agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained thereafter.
Reason: In the interests of visual amenity and managing impact on the existing habitats.
29
No development shall take place until a Renewable Energy Strategy 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 and retained thereafter.
Reason: In the interests of sustainable development.
30
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.
Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. In line with paragraph 170 of the National Planning Policy Framework.
31
The development shall be carried out in accordance with the submitted flood risk assessment (ref HTR-ATK-XX-XX-RP-Z-0042, titled A15.2 Flood Risk Assessment Report, compiled by Atkins on behalf of Portsmouth Water Ltd dated 01/09/20) and the mitigation measures it details. These mitigation measures shall be fully implemented prior to operation and subsequently in accordance with the scheme's timing/phasing arrangements. The measures detailed throughout the FRA shall be retained and maintained thereafter throughout the lifetime of the development.
Reason: To reduce the risk of flooding to the proposed development and future occupants. To ensure flood risk off site is not increased as a result of the proposed development in line with paragraph 163 of the National Planning Policy Framework.
32
No phase of the development approved under Condition 4 shall commence until a detailed scheme, to ensure the development will not increase the risk of flooding, has been submitted to, and approved in writing by, the local planning authority. Specifically, further details should be provided where relevant to that phase including:
• A detailed drainage management plan that adequately details the management of the drainage associated with the phase.
• Detailed information surrounding a number of permanent structural elements including the proposed dimensions and height of the embankment, associated spillway, control house and wetland retaining structure (including the proposed piped controls). Confirmation should be provided through detailed modelling that flood risk will not be increased as a result of any design changes.
• Detailed information including the long-term maintenance scheduled for the proposed development. • Detailed information on the proposed location and design of the visitor centre, including proposed finished floor levels.
• Should the proposed access routes to and from the visitor centre be situated within proximity to main river or within the flood zone then further details should be provided on the associated impacts on flood risk and the proposed mitigation measures. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme's timing/phasing arrangements, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.
Reason: To reduce the risk of flooding to the proposed development and its future users. This is in line with paragraph 163 of the National Planning Policy Framework.
33
The Reservoir Scheme shall be constructed in accordance with the parameters set out in Table 2.2 of the Development Specification, as set out in Condition 2, and the design standards and principles set out in the Design and Access Statement and summarised in Section 3 of the Development Specification.
Reason: To ensure the development reflects the approved scheme.
34
Construction of the Visitor Centre development shall not commence until details of the proposed means of foul and surface water sewerage disposal have 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: To ensure appropriate provision of foul and surface water sewerage disposal.
35
Prior to construction of the Embankment phase of development approved under Condition 4 above, an On-site Emergency Flood Plan shall be submitted to, and agreed in writing by, the Local Planning Authority. The development shall be carried out in accordance with the details approved.
Reason: To ensure that residual flood risks on site are safely managed in accordance with the NPPF.
36
No phase of the development approved under Condition 4 shall commence until full details of all ecological mitigation, compensation and enhancement measures (to be informed as necessary by up-to-date survey and assessment) and on-going monitoring of mitigation measures required for each reserved matters application (including both ecological works directly related to that Development Phase reserved matters area and any works associated with that area but lying outside of the boundary of that area) shall be submitted for approval to the Local Planning Authority. Such details shall be in accordance with the ecological mitigation, compensation and enhancement measures detailed within the Outline Biodiversity Mitigation and Compensation Strategy (ECOSA, September 2020), the Habitats Regulations Assessment (Atkins/Portsmouth Water, September 2020) and the Implementation Plan for Off Site Biodiversity Mitigation and Compensation (Atkins, April 2021. Any such approved measures shall thereafter be implemented in strict accordance with the agreed details and with all measures maintained in perpetuity, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect and enhance biodiversity in accordance with the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, NERC Act 2006, NPPF and Policy CS 11 of the Havant Borough Core Strategy March 2011.
37
The development shall be carried out in accordance with the European Protected Species (EPS) licences for hazel dormouse (Natural England reference2020-50257-EPS-AD2) and bats (Natural England reference- 2020-50625-EPS-AD2) issued by Natural England. The requirements of the licences shall be adhered to, unless varied through agreement with Natural England.
Reason: To protect and enhance biodiversity in accordance with the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, NERC Act 2006, NPPF and Policy CS11 of the Havant Borough Core Strategy March 2011.
38
An Ecological Clerk of Works (ECoW) shall be appointed, to be full time on site during site preparation and clearance and during any works in sensitive areas, and to undertake regular monitoring visits throughout the construction programme.
Reason: To protect and enhance biodiversity in accordance with the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, NERC Act 2006, NPPF and Policy CS 11 of the Havant Borough Core Strategy March 2011.
39
No phase of the development approved under Condition 4 shall commence until a Soil Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include separate management of ancient woodland soils for restoration. The Plan shall include a timetable for the carrying out of the works, once approved. The development shall be carried out in accordance with the approved details and timetable.
Reason: To support reinstatement of the landscape disturbed by the construction works
40
The development hereby permitted shall be carried out in accordance with the following planning approvals pursuant to planning permission reference HBC APP/20/00990 and EHDC 51680 and shall be taken as approvals to comply with conditions of this permission as relevant and no variation shall be made without the prior written approval of the Local Planning Authority:
· Phase 1 – Northern Access Road – Reserved Matters Application and condition Nos: 2, 13, 20, 27, 28, 32, 36, 37, 38 and 39 – Reference HBC 22/00681 / EHDC 51680/003
· Phase 1 – Conditions 4, 5, 6, 9 (Part D), 10, 12, 21, 22, 23 and 29 - Reference HBC APP/20/00990 and EHDC 51680/001
· Condition 21, 22, 23 – Reference HBC APP/20/00990 and EHDC 51680/004
· Phase 2 – Wetland – Reserved Matters Application – Reference HBC APP/24/00186 and EHDC 51680/008.
Reason: To ensure provision of a satisfactory development.
Additional Documents
- Document RMA MAIN EMBANKMENT COMMITTEE REPORT Final report 22 Oct 2024
- Document APPENDIX A - Planning Strategy Key Plan 22 Oct 2024
- Document APPENDIX B - Main Embankment Reserved Matters Application Area 22 Oct 2024
- Document APPENDIX C - Main Embankment Proposed Site Layout 22 Oct 2024
- Document APPENDIX D - Main Embankment Cross Sections 22 Oct 2024
- Document APPENDIX E - Proposed Culvert and Valve Tower Site Layout 22 Oct 2024
- Document APPENDIX F - Outlet Works Valve Tower & Culvert General Arrangement Plans and Sections 22 Oct 2024
- Document APPENDIX G - Valve Tower General Arrangement Plan and Sections 22 Oct 2024
- Document APPENDIX H - Main Embankment Landscape Plan 22 Oct 2024
- Document APPENDIX I - Main Embankment Landscape Cross-Sections LA1-LA3 22 Oct 2024
- Document APPENDIX J - VALVE TOWER ELEVATION 22 Oct 2024
- Document Statement by the Applicant - Phase 3 RMA - 29102024 22 Oct 2024
Proposal: Application for approval of all Reserved Matters (siting, scale, external appearance and landscaping) relating to Phase 3 (Main Embankment) of the Thicket Reservoir development pursuant to condition 2 of the Hybrid permission planning reference APP/20/00990 dated 15th October 2021 (as recommended to be amended by S73 Application APP/24/00312).
The Committee considered the written report and recommendation from the Head of Planning to approve reserved matters application.
The Committee received supplementary information, circulated prior to the
meeting, which included:
1. Three written submissions, submitted by the applicant’s agent, Ms Brooks, on behalf of Havant Climate Alliance and Havant Friends of the Earth, and Ms Viney.
2. Minutes of the Site Viewing Working Party held on 24 October 2024.
3. Two addendum updates, which contained the presentation provided at the officer briefing, responses to the queries made at the Site Viewing Working Party on 24 October 2024; and responses to questions arising from the officer briefing held on the 28 October 2024.
The Committee was addressed by:
1. Ms Brooks, who reiterated the issues set out in the written deputation submitted.
2. Mr Turner and Mr Hanson, the applicant’s agents, reiterated the issues set out in the written deputation submitted.
In response to questions from members of the Committee, Mr Turner and Mr Hanson stated that:
1. The Reserved Matters Application would not be proposing any changes to embankment at all.
During the question and answer session between the applicant’s agent and the Committee, a member of the Committee raised concern that they had voted on the previous application on the basis that they understood that this application would allow them to amend specific details of the valve tower. In view of this misunderstanding, they requested that the Committee retake a vote on the previous application.
The Committee adjourned for 15 minutes.
When the meeting reconvened, the officers clarified that APP/24/00312 varied two condiitons of the hybrid permission as set out in the paper, to allow the embankment to be reprofiled and to include the principle of a tower as set out in the papers: Application APP/24/00311 sought approval of all reserved matters (siting, scale, layout and landscaping) relating to Phase 3 (Main Embankment) of the Thicket Reservoir development pursuant to condition 2 of the Hybrid permission planning reference APP/20/00990 dated 15th October 2021 as amended by APP/24/00312.
The Committee was advised that Council Standing Orders did not provide guidance on revisiting a vote once the vote has been taken. Therefore, the Committee’s vote on APP/24/00312 would still stand.
The Committee considered the request to retake the vote on APP/24/00312 in detail, together with the views of the officers.
RESOLVED that the meeting be adjourned to enable the officers to provide legal advice on whether the Committee could retake the vote on APP/24/00312.
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