Test Valley Borough Council Southern Area Planning Committee Meeting

Agenda Item No.

Page No.

Application

Speaker

7

10-32

24/00786/FULLS

Alex Munday (Applicant’s Agent)

Bob Davis (Michelmersh and Timsbury Parish Council)

8

33-54

24/01136/FULLS

Anna Hebard (Applicant’s  Agent)

APPLICATION NO.

24/00786/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

03.04.2024

APPLICANT

Linhay Farm Barns Ltd

SITE

Land Adjacent to Staff Lane Cottage, Staff Road, MICHELMERSH AND TIMSBURY

PROPOSAL

Demolition of agricultural buildings and erection of four detached houses with associated parking and landscaping

AMENDMENTS

CASE OFFICER

Sarah Barter

PERMISSION subject to:

1.

The development hereby permitted shall be begun within three years from the date of this permission.

Reason:  To comply with the provision 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.

The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers

·  Location plan D-140

·  Landscape plan BLA329-10 A

·  Site section - D-420 G

·  Block plan D-113 F

·  Package treatment plant GA A

·  Existing elevation  D-316

·  Existing elevation D-311

·  Existing site plan D-110

·  Proposed aerial view - D620 A

·  Proposed elevations D-310 F

·  Proposed elevations D-123 G

·  Proposed floor plans D-221 D

·  Proposed floor plans D-210 C

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

3.

No development shall take place above DPC level of the development hereby permitted until samples and details of the materials to be used in the construction of all external surfaces hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason:  To ensure the development has a satisfactory external appearance in the interest of visual amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1.

4.

No external lighting shall be installed unless in accordance with details that have been submitted to and approved in writing by the Local Planning Authority.  The details shall include plans and details sufficient to show the location, type, specification, luminance and angle of illumination of all lights/luminaires and a light spread diagram.

Reason:  To safeguard the visual amenities of the area and in the interest of protected species and to safeguard the residential amenities of neighbouring properties in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1, E5 and LHW4.

5.

Prior to the commencement of demolition and construction activity including site clearance or groundworks, a Construction Environment Management Plan (CEMP) shall be submitted to the Local Planning Authority for approval. The CEMP shall detail the significant risks posed to amenity from the emission of noise, vibration, light and dust and set out the mitigation measures to be employed to control such emissions and mitigate the effects of such emissions on sensitive land uses.  Unless otherwise agreed by the Local Planning Authority, construction activity shall only take place in accordance with the approved CEMP.

Reason: In the interest of the amenities of the local area and local residents in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

6.

Prior to the commencement of development, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the method of cleaning wheels and chassis of all HGV's, plant and delivery vehicles leaving the site and the means of keeping the site access road and adjacent public highway clear of mud and debris during site demolition, excavation, preparation and construction.  The scheme shall be implemented in accordance with the approved details and shall be installed and operational before any development commences and retained in working order throughout the duration of the development.  No vehicles shall leave the site in a condition whereby mud, clay or other deleterious materials shall be deposited on the public highways.

Reason: In the interests of highway safety and in accordance with Policy T1 of the Test Valley Borough Revised Local Plan (2016).

7.

On the day on which the first dwelling hereby permitted is first occupied for residential purposes, the existing buildings on the application site shall cease to be used for any purpose, and within three months of that day, those existing buildings shall be demolished, and the resultant materials cleared from the site in accordance with details to be submitted and approved in writing with the Local Planning Authority.

Reason:  The site lies in an area where new dwelling units are not normally permitted other than by replacement of the existing agricultural buildings (in this instance by virtue of the Class Q fallback position that would otherwise allow for their conversion), in accordance with Test Valley Borough Revised Local Plan (2016) Policy COM12.

8.

The development hereby approved shall be designed and built to meet Regulation 36 2 (b) requirement of 110 litres/person/day water efficiency set out in part G2 of Building Regulations 2015.

Reason: In the interests of improving water usage efficiency in accordance with policy E7 of the Test Valley Borough Revised Local Plan 2016.

9.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order), no fences, gates, walls or other means of enclosure shall be erected without the prior written consent of the Local Planning Authority

Reason:  In order that the Local Planning Authority can exercise control in the locality in the interest of the local amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policy COM2.

10.

The development shall not be occupied until space has been laid out and provided for the parking and manoeuvring of vehicles to enable them to enter and leave the site in a forward gear in accordance with the approved plan and this space shall thereafter be reserved for such purposes at all times.

Reason: In the interests of highway safety in accordance with Test Valley Borough Revised Local Plan (2016) Policy T1.

11.

No development shall take place above DPC level of the development hereby permitted until full details of hard and soft landscape works have been submitted and approved. Details shall include-where appropriate: proposed finished levels or contours, means of enclosure and car parking layouts where relevant.

Soft landscape works shall include: planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities.

The landscape works shall be carried out in accordance with the implementation programme and in accordance with the management plan.

Reason:  To improve the appearance of the site and enhance the character of the development in the interest of visual amenity and contribute to the character of the local area in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1 and E2.

12.

No development shall take place above DPC level of the development hereby permitted until a schedule of landscape implementation and maintenance for a minimum period of 5  years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for the phasing of the implementation and ongoing maintenance during that period in accordance with appropriate British Standards or other recognised codes of practise. Development shall be carried out in accordance with the approved schedule.

Reason: To ensure the provision, establishment and maintenance to a suitable standard of the approved landscape designs to create and maintain the appearance of the site and enhance the character of the development in the interest of visual amenity and to contribute to the character of the local area in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1 and E2.

13.

In the event that contamination is found at any time during demolition and/or construction works, the presence of such contamination shall be reported in writing to the Local Planning Authority without delay and development shall be suspended on the affected part of the site until a remediation scheme for dealing with that contamination has been approved by the Local Planning Authority. The approved remediation scheme shall be implemented and, if requested, a verification report, for the purpose of certifying adherence to the approved remediation scheme, shall be submitted to the Local Planning Authority prior to the site being brought in to use.

Reason: To minimise the risks of pollution and to ensure the site is satisfactorily de-contaminated in accordance with policy E8 of the Revised Borough Local Plan

14.

Notwithstanding the provisions 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 windows/dormer windows [other than those expressly authorised by this permission] shall be constructed.

Reason:  In order that the Local Planning Authority can exercise control in the locality in the interest of the local amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1, E2, LHW4

15.

Before the development hereby permitted is commenced details, including plans and cross sections, shall be submitted to and approved by the Local Planning Authority of the existing and proposed ground levels of the development and the boundaries of the site and the height of the ground floor slab and damp proof course in relation thereto. Development shall be undertaken in accordance with the approved details.

Reason:  To ensure satisfactory relationship between the new development and the adjacent buildings, amenity areas and trees in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1

16.

At least the first 4.5 metres of both access tracks measured from the nearside edge of carriageway of the adjacent highway shall be surfaced in a non-migratory material prior to the use of the access commencing and retained as such at all times.

Reason: In the interest of highway safety in accordance with Test Valley Borough Revised Local Plan (2016) Policy T1

17.

Recommendations included in Section 6.0 'Recommendations' of the Land at Staff Road, Michelmersh, Updated Preliminary Ecological Appraisal (Ecosupport, December 2023) will be adhered to, with the enhancement features being permanently retained and managed in accordance with the approved plan. Photographs and a report of the implemented measures shall be submitted by an ecologist for approval to the Local Planning Authority prior to occupation.

Reason: To ensure that the scheme complies with Policy E5 of the Test Valley Revised Local Plan DPD and the NPPF.

18.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order), the garage(s) and car ports hereby approved shall at all times be available for the parking of vehicles.

Reason:  In order to maintain the approved on site parking provision and to reduce highway congestion in accordance with Test Valley Borough Revised Local Plan (2016) Policy T2.

19.

Prior to the commencement of development a scheme detailing the removal of any spoil or subsequent deposit within the holding of any spoil that will result from the construction of the development shall be submitted to and approved in writing by the local planning authority.

Reason: To protect the character and appearance of the area in accordance with policy E2 of the Test Valley Revised Local Plan (2016).

20.

Prior to the commencement of development the access shall be constructed in accordance with the visibility splays detailed on drawing D113 F and maintained as such at all times. Within these visibility splays notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) no obstacles, including walls, fences and vegetation, shall exceed the height of 1 metres above the level of the existing carriageway at any time.

Reason: In the interest of highway safety in accordance with Test Valley Borough Revised Local Plan (2016) Policy T1

Note to applicant:

1.

In reaching this decision Test Valley Borough Council (TVBC) has had regard to the National Planning Policy Framework and takes a positive and proactive approach to development proposals focused on solutions. TVBC work with applicants and their agents in a positive and proactive manner offering a pre-application advice service and updating applicants/agents of issues that may arise in dealing with the application and where possible suggesting solutions.

APPLICATION NO.

24/01136/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

15.05.2024

APPLICANT

Mr Dagan James

SITE

Land At Manor Farm, North End, Broughton, SO20 8AN, BROUGHTON

PROPOSAL

Change of use of land for a seasonal off-grid campsite comprising 4 tents, toilet/shower, covered dining area, formation of car park and siting of boat permanently

AMENDMENTS

None

CASE OFFICER

Katie Nethersole

PERMISSION subject to:

1.

The development hereby permitted shall be begun within three years from the date of this permission.

Reason:  To comply with the provision 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.

The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 04300-00-A 02, 04300-00-A 03, 04300-02-A 01, 04300-02-A 02, 04300-02-A 03, 04300-02-A 04

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

3.

No external lighting shall be provided whatsoever within area of the site shown on the submitted site location plan.

Reason: To safeguard the amenities of the area in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1, E2 and E9 Test Valley Borough Revised Local Plan 2016.

4.

Nopersonshalloccupytheholidayaccommodationherebypermitted for a continuousperiodofmorethan 2 months inany calendaryearand itshallnot be re-occupiedby thesameperson/swithin28 daysfollowingtheend ofthat period.

Reason:Thissiteisina positionwheretheLocal PlanningAuthority wouldnot permitresidential dwellings having regard to Test Valley Borough Revised Local Plan (2016) policy COM2.

5.

Theowners/operatorsofthesite shallmaintainan up-to-date registerofthe namesofallowners/occupiersofindividualunits of accommodation onthe site, and of their main home addresses, and shall make such information availableat all reasonable times to the Local PlanningAuthority.

Reason:Thissiteisina positionwheretheLocal PlanningAuthority wouldnot permitresidential dwellings having regard to Test Valley Borough Revised Local Plan (2016) policy COM2.

6.

The campsite and it’s use for tourist accommodation hereby permitted shall only take place on the site between 1 April and 31 October (per calendar year) inclusive.

Reason:  In order that the Local Planning Authority can exercise control in the locality as this site is in a position where the Local Planning Authority would not permit residential dwellings having regard to Test Valley Borough Revised Local Plan (2016) policy COM2.

7.

Notwithstanding the information provided for the northeastern and northwestern boundary, the campsite shall not be brought into use, until full details of the hard and soft landscape works have been submitted and approved. Details shall include:

(i)  planting plans;

(ii)  written specifications (including cultivation and other operations associated with plant and grass establishment);

(iii)  schedules of plants, noting species, plant sizes and proposed numbers/densities;

(iv)  hard surfacing materials;

(v)  layout plan showing the location of wastewater tanks, refuse bins and water tap.

The landscape works shall be carried out in accordance with the approved details.

Reason: To enable the development to respect, complement and positively integrate into the character of the area in accordance with Policies E1 and E2 of the Test Valley Borough Revised Local Plan (2016).

8.

Prior to the campsite hereby approved being brought into use, a schedule of landscape implementation and maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for the phasing of the implementation and ongoing maintenance during that period in accordance with appropriate British Standards or other recognised codes of practise. Development shall be carried out in accordance with the approved schedule. Any trees or planting that are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective within this period, shall be replaced before the end of the current or first available planting season following the failure, removal or damage of the planting. 

Reason: To enable the development to respect, complement and positively integrate into the character of the area in accordance with Policies E1 and E2 of the Test Valley Borough Revised Local Plan (2016).

9.

The development hereby approved shall not be brought into use until the car parking spaces shown on the approved block plan have been provided. The areas of land so provided shall be retained at all times during the period of occupation for tourist use for this purpose. 

Reason: To ensure sufficient parking has been provided in accordance with Policy T2 of the Test Valley Borough Revised Local Plan (2016) and in the interest of highway safety in accordance with Policy T1 of the Test Valley Borough Revised Local Plan (2016).

10.

Prior to the campsite being brought into use a management plan detailing how the site would be managed and operated, including details of the site terms for campers, shall be submitted to and approved in writing by the Local Planning Authority. The occupancy of the tourism use shall be undertaken strictly in accordance with the approved management plan.

Reason: In the interest of protecting residential amenity in accordance with policy E8 of the Test Valley Borough Revised Local Plan (2016).

11.

No amplified music and sounds shall be permitted at the campsite.

Reason: In the interests of protecting residential amenity in accordance with policy E8 and LHW4 of the Test Valley Borough Revised Local Plan 2016.

Notes to applicant:

1.

In reaching this decision Test Valley Borough Council (TVBC) has had regard to the National Planning Policy Framework and takes a positive and proactive approach to development proposals focused on solutions. TVBC work with applicants and their agents in a positive and proactive manner offering a pre-application advice service and updating applicants/agents of issues that may arise in dealing with the application and where possible suggesting solutions.

2.

Bats and their roosts receive strict legal protection under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017. All work must stop immediately if bats, or evidence of bat presence (e.g. droppings, bat carcasses or insect remains), are encountered at any point during this development. Should this occur, further advice should be sought from Natural England and/or a professional ecologist.

3.

Birds’ nests, when occupied or being built, and the widespread species of reptile receive legal protection under the Wildlife and Countryside Act 1981 (as amended). It is highly advisable to undertake clearance of potential bird nesting habitat (such as hedges, scrub, trees, suitable outbuildings etc.) outside the bird nesting season, which is generally seen as extending from March to the end of August, although may extend longer depending on local conditions. If there is absolutely no alternative to doing the work during this period then a thorough, careful and quiet examination of the affected area must be carried out before clearance starts. If occupied nests are present then work must stop in that area, a suitable (approximately 5m) stand-off maintained, and clearance can only recommence once the nest becomes unoccupied of its own accord. Reptile habitat such as compost heaps should be carefully cleared by hand during warmer months as if hibernating reptiles are disturbed, they will die. Any reptiles revealed should be moved to adjacent retained rougher/boundary habitat or allowed to move off of their own accord.

4.

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and

(b) the planning authority has approved the plan.

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Test Valley Borough Council.

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. However based on the information available this permission is one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.