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APPLICATION NO.
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24/01239/OUTN
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APPLICATION TYPE
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OUTLINE APPLICATION -
NORTH
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REGISTERED
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30.05.2024
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APPLICANT
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Bargate Homes Limited
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SITE
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Land at Barrow Hill,
Barrow Hill, Goodworth Clatford, GOODWORTH CLATFORD
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PROPOSAL
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Outline Planning Application for up
to 40 dwellings, including affordable housing, open space, parking
and associated infrastructure, engineering operations, landscaping,
sustainable drainage system (SuDS) and
access to Barrow Hill (All matters reserved)
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AMENDMENTS
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Amended/additional
information received:
- 17.06.2024 –
additional tree report.
- 28.06.2024 –
additional transport report.
- 17.07.2024 –
additional ecology information.
- 22.07.2024 –
amended Design and Access Statement and parameter plan, and
additional landscape report.
- 24.07.2024 –
response to letters of representation.
- 16.08.2024 –
response to Planning Policy consultation.
- 22.08.2024 –
additional landscape report.
- 10.10.2024 –
additional ecology information, updated Design and Access Statement
and amended parameter plan and illustrative masterplan.
- 16.10.2024 -
additional landscape information.
- 07.01.2025 –
response to revised NPPF.
- 24.02.2025 –
amended nutrient budget calculator.
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CASE
OFFICER
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Emma Jones
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The Officer’s
recommendation as per the agenda, update paper and verbal amendment
was proposed by Councillor Budzynski and seconded by Councillor Z
Brooks. Upon being put to the vote, the
motion was carried.
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Delegated to the Head of Planning and Building to grant OUTLINE
PLANNING PERMISSION subject to:
·
Securing an acceptable nitrate mitigation scheme
for inclusion as an Obligation in the legal
agreement.
·
The satisfactory completion by the LPA of a
Habitat Regulations assessment and the satisfactory conclusion of
consultation with Natural England in relation to this;
and
·
the completion of a legal agreement to secure
obligations in respect of the following:
o
Nitrate mitigation.
o
Affordable housing provision.
o
On site and/or off site public open space
provision/improvements.
o
Health facility improvements.
o
Education improvements.
Then
subject to:
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1.
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Approval of the details of the layout, scale and appearance of
the building(s), the means of access thereto and the landscaping of
the site (herein after called "the reserved matters") shall be
obtained from the local planning authority in writing before the
development is commenced.
Reason: To comply with Article 4 of
the Town and Country Planning (General Management Procedure)
(England) Development Procedure) Order 2015 (or any order revoking
and re-enacting that Order).
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2.
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Applications for the approval of all the reserved matters
referred to herein shall be made within a period of eighteen (18)
months from the date of this permission. The development to which
the permission relates shall be begun not later than whichever is
the later of the following dates:
i) three years from the date of this permission:
or
ii) two years from the final
approval of the said reserved matters, or, in the case of approval
on different dates, the final approval of the last such matter to
be approved.
Reason: To comply with the provision
of S.92 of the Town & Country Planning Act 1990.
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3.
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The
development hereby permitted shall not be carried out except in
accordance with the details shown on the submitted plans,
numbers.
Reason: For the avoidance of doubt and in the interests of
proper planning.
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4.
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No
development shall take place (other than vegetation clearance)
until a programme of archaeological assessment in accordance with a
Written Scheme of Investigation has been submitted to and approved
in writing by the Local Planning Authority. Development shall be carried out in accordance
with the approved details.
Reason: The assessment is required prior to the commencement of
the development in order to assess the extent, nature and date of
any archaeological deposits that might be present and establish
what the impact of the development upon these heritage assets would
be in accordance with Policy E9 of the Test Valley Borough Revised
Local Plan 2016.
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5.
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No
development shall take place (including site clearance) until a
programme of archaeological mitigation of impact has been secured,
based on the results of the archaeological assessment, has been
submitted to and approved in writing by the Local Planning
Authority. Development shall be carried out in accordance with the
approved details.
Reason: Details are required prior to commencement in order 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
in accordance with Test Valley Borough Revised Local Plan (2016)
policy E9.
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6.
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No
development shall take place until a Construction Method Statement
has been submitted to and approved in writing by the Local Planning
Authority. The statement shall include details of, and where
relevant, scaled drawings illustrating the provision
for.
1)
The parking of site operatives and
visitors’ vehicles.
2)
Loading and unloading of plant and
materials.
3)
Management of construction traffic and access
routes.
4)
Storage of plant and materials used in
constructing the development.
5)
Vehicle Tracking demonstrating that the largest
vehicles associated with the construction process can access,
egress and turn within the confines of the site.
6)
The method of cleaning wheels and chassis of all
HGV’s, plant and delivery vehicles leaving the
site.
7)
Suitable dust control measures and details of how
noise impacts from any temporary plant, such as generators, will be
minimised so as to protect residential amenity.
8)
Piling or any other foundation designs using
penetrative methods.
Development shall be carried out in accordance with the approved
details.
Reason: Details are required prior to the commencement of the
development to ensure that construction of the proposed development
will be in the interest of highway safety and amenity in accordance
with Test Valley Borough Revised Local Plan 2016 policies T1 and
E8.
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7.
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Notwithstanding the information submitted, no development shall
take place until a detailed surface water drainage scheme for the
site, based on the principles within the submitted Flood Risk
Assessment and Drainage Strategy (prepared by Paul Basham
Associates, reference 029.5021/FRADS/1, dated 22 May 2024), has
been submitted to and approved in writing by the Local Planning
Authority. The submitted details should include the
following:
·
A technical summary highlighting any changes to
the design from that within the drainage strategy.
·
Infiltration test results undertaken in
accordance with BRE365 and providing a representative assessment of
those locations where infiltration features are
proposed.
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Winter groundwater monitoring
results.
·
Detailed drainage plans to include type, layout
and dimensions of drainage features including references to link to
the drainage calculations.
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Detailed drainage calculations to demonstrate
existing runoff rates are not exceeded and there is sufficient
attenuation for storm events up to and including 1:100 year event +
climate change.
·
Evidence that urban creep has been included
within the calculations.
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Confirmation that sufficient water quality
measures have been included to satisfy the methodology in the Ciria
SuDS Manual C753.
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Exceedance plans demonstrating the flow paths and
areas of ponding in the event of blockages or storms exceeding
design criteria.
·
Details for the long-term maintenance
arrangements for the surface water drainage system including
maintenance schedules for each drainage feature type and ownership,
and details of protection measures.
Development shall be carried out and maintained in perpetuity in
accordance with the approved details, and no dwelling shall be
occupied until all drainage works have been carried out in
accordance with such details.
Reason: Details are required prior
to the commencement of development to ensure the prevention of an
increased risk of flooding and to ensure the improvement and
protection of water quality, habitat and amenity in accordance with
policy E7 of the Test Valley Borough Revised Local Plan
2016.
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8.
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Notwithstanding the details submitted, no development shall take
place until a Biodiversity Enhancement and Mitigation Plan (BEMP)
and a Construction Environmental Management Plan (CEMP) have been
submitted to and approved in writing by the Local Planning
Authority. Development shall be carried
out in accordance with the approved details.
Note:
A distinction should be made between the application of the
mitigation hierarchy through a BEMP as separate to
compensation/Biodiversity Net Gain via a Biodiversity Gain
Plan.
Reason: The details are required prior to the commencement of
the development in order to ensure the favourable conservation
status of protected species and habitats and enhance the
biodiversity of the site in accordance with Policy E5 of the Test
Valley Borough Revised Local Plan 2016.
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9.
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No
development shall take place until details of the proposed means of
foul sewerage disposal have been submitted to and approved in
writing by the Local Planning Authority. Development shall be carried out in accordance
with the approved details, and none of the dwellings shall be
occupied until the works for the disposal of sewage via mains foul
sewer have been provided to serve each dwelling.
Reason: Details are required prior to the commencement of the
development to ensure that adequate provision for sewage
infrastructure has been made having regard to policy E7 of the Test
Valley Borough Revised Local Plan 2016.
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10.
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The
development hereby permitted shall be carried out in accordance
with the provisions set out within the submitted
“Arboricultural impact appraisal
and method statement” report (prepared by Barrell
Treecare,
reference 23127-AIA-CA, dated 1st May 2024) and its associated
tree protection plan reference 23127-2. Particular attention is
drawn to the pre-commencement meeting and supervision requirements
set out in sections 2.3, 2.4 and 2.5 of this report which must be
followed to minimise harm to the surrounding boundary
trees.
Reason: To ensure the enhancement of the development by the
retention of existing trees and natural features during the
construction phase in accordance with Test Valley Borough Revised
Local Plan policy E2
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11.
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No
development shall take place above DPC level of any dwelling hereby
permitted until samples and details of the materials to be used in
the construction of all external surfaces of that dwelling 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.
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12.
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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.
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13.
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No
work relating to the construction of the development hereby
approved, including deliveries, collections or works of demolition
or preparation prior to operations, shall take place before the
hours of 07.30 nor after 18.00 on Mondays to Fridays; before the
hours of 08.00 nor after 13.00 on Saturdays; and at all on Sundays
and Public Holidays, unless otherwise agreed in writing with the
Local Planning Authority.
Reason: In the interests of amenity in accordance with Test
Valley Borough Revised Local Plan 2016 policy E8.
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14.
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In
the event that contamination not previously identified is found at
any time during 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 submitted to and approved in
writing 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 ensure a safe
living/working environment in accordance with Test Valley Borough
Revised Local Plan 2016 policy E8.
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15.
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No
external plant, machinery or equipment, including any pumping
system for drainage or air source heat pumps, shall be installed in
association with the use of the development hereby permitted until
details have been submitted to and approved in writing by the Local
Planning Authority. Such details shall include the location,
appearance, design, specification and noise performance of the
plant or equipment, and all measures required to mitigate any noise
emissions to ensure that they will not cause detriment to the
amenity of nearby residential occupiers. Development shall be
carried out in accordance with the approved details, and any
mitigation measures required to reduce noise from the plant or
equipment shall be completed prior to the same being brought into
use and permanently retained thereafter.
Note:
Increasing problems are being noted with noise from air source heat
pumps in areas such as this where background noise levels are very
low, especially at night. As such we would recommend that if the
intention is to install such plant then early consideration be
given to careful siting and or screening to avoid impacts both for
neighbours and to the property directly served by the
plant.
Reason: In the interests of amenity
in accordance with Test Valley Borough Revised Local Plan 2016
policy E8.
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16.
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No
external lighting shall be installed at the site until full details
have been submitted to and approved in writing by the Local
Planning Authority. Details shall
include the intensity of illumination, confirmation of 0% Upper
Light Output Ratio (ULOR), and predicted lighting
contours. The lighting shall be
installed and operated in accordance with the approved details, and
any approved mitigation measures shall be permanently
retained.
Note:
All lighting should follow best practice guidelines outlined by the
Bat Conservation Trust and the Institute of Lighting Professionals
(Guidance note 08/23 Bats and Artificial Lighting at
Night).
Reason: To protect existing bat populations within the area and
in the interests of amenity in accordance with Policies E2, E5 and
E8 of the Test Valley Borough Revised Local Plan 2016.
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17.
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The
Reserved Matters pursuant to condition 1 shall generally conform to
the principles for the development of the site as set out on the
submitted Parameter Plan (drawing reference 006 Revision
F).
Reason: For the avoidance of doubt and in the interests of
proper planning.
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Notes
to Applicant:
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1.
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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.
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2.
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Attention is drawn to the requirements of the Agreement dated
XXXXXX under Section 106 of the Town and Country Planning Act 1990
which affects this development.
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3.
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The
granting of any planning permission does not grant the applicant
the right to build the proposed access under the Highway Act. This
will require formal engineering drawings and the Highway Authority
will reserve the right to require works to have a Section 278 Minor
Works Agreement or full Section 278 Agreement if it is deemed that
the works necessitate this.
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4.
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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.Development shall proceed in
accordance with any such approved details, with the approved
Biodiversity Gain Plan maintained for the minimum of the 30 years
which is set in the Environment Act 2021.
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