Delegate to Head of Planning
& Building for completion of satisfactory consultation with
Natural England with respect to the impact of the development on
European sites (together with any appropriate conditions as
required), and the completion of a legal agreement to
secure;
· Removal of nitrate mitigation land from
agricultural production
· Future management of the nitrate mitigation
land
Then
PERMISSION subject to:
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1.
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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.
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2.
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The development
hereby permitted shall not be carried out except in complete
accordance with the details shown on the submitted plans,
numbers
0202-02-02-004
E, 0202-02-02-005, 0202-02-02-001 D, 02-02-02-002a,
0202-02-02-003a, 0202-02-02-005, 202-02-03-001a B, 0202-02-04-001
D, 0202-02-05-001 D, 0202-02-05-002 C
Reason: For the
avoidance of doubt and in the interests of proper
planning.
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3.
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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. The roof
material shall be either be thatch, clay tiles or slate.
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 and policy HD4 of the West Tytherley
and West Dean Neighbourhood Development Plan.
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4.
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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. Hard landscape details shall include: means of
enclosure and hard surfacing materials. 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.
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5.
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No development shall take
place above DPC level of the development hereby permitted until a
schedule of landscape management and maintenance for a minimum
period of 5 years has been submitted to and approved in writing by
the Local Planning Authority. The landscape management plan,
including long term design objectives, management responsibilities
and maintenance schedules for all landscape areas and an
implementation programme, shall be submitted to and approved in
writing by the Local Planning Authority. The approved management
plan shall be carried out in accordance with the implementation
programme.
Reason: To ensure the
provision of amenity afforded by proper maintenance of existing and
new landscape features as an improvement of the appearance of the
site and to 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.
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6.
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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 or roof lights [other
than those expressly authorised by this permission] shall be
installed or constructed in/on the dwelling hereby
permitted.
Reason: In order that the Local Planning Authority can
exercise control in the locality in the interest of residential
amenities in accordance with Test Valley Borough Revised Local Plan
(2016) Policy LHW4.
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7.
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The development shall not be
occupied until space has been laid out and provided for the parking
and manoeuvring of vehicles in accordance with plan number
0202-02-02 004E. 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.
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8.
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In the event that
contamination (that was 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 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 ensure a safe living/working
environment in accordance with Test Valley Borough Revised Local
Plan 2016 policy E8.
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9.
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Development
shall proceed in accordance with mitigation and enhancement
measures outlined within Section 5.3 ‘Recommendations’
of the Friars Orchard, West Dean, Salisbury, Wiltshire, Bat and
Barn Owl Survey (David Leach Ecology Ltd., August 2020).
Biodiversity enhancement measures shall be retained and maintained
in perpetuity.
Reason: To enhance biodiversity in accordance
with NPPF and the Natural Environment and Rural Communities Act
2006 and with Policy E5 of the Test Valley Revised Local Plan
(2016).
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10.
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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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11.
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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. All lighting shall be implemented in accordance with
approved details and retained and maintained as such in
perpetuity.
Reason:
In the interest of visual amenities in accordance
with Test Valley Borough Revised Local Plan (2016) Policy E1, and
additionally to ensure the favourable conservation status of
bats in accordance with Policy E5 of the Test Valley Revised Local
Plan 2016.
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12.
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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 fences, gates, walls or
other means of enclosure shall be erected within the curtilage of
the dwelling house forward of any wall of the dwelling house which
fronts onto the public footpath.
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 and
E2.
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13.
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No
development shall commence until full details of the layout for the
parking and manoeuvring on site of contractors and delivery
vehicles during the construction period have been submitted to and
approved in writing by the Local Planning Authority. The approved
scheme shall be implemented prior to the commencement of
development and retained for the duration of the construction
period. All builders’ and contractors’ vehicles,
machinery, equipment, materials, scaffolding and anything
associated with the works shall be stored within the site, and not
left on or near the public right of way known as West Tytherley
12.
Reason: To ensure the development is does not have an
impact on the function, safety, or character of and accessibility
to the local or strategic highway network or rights of way network
in accordance with policy T1 of the Test Valley Borough Revised
Local Plan (2016).
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14.
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No
development shall commence (including site clearance and any other
preparatory works) until a scheme for the protection of trees to be
retained has been submitted to and approved in writing by the Local
Planning Authority. Such a scheme shall include a plan showing the
location and specification of tree protective barriers. Such barriers shall be erected prior to any other
site operations and at least three working days notice shall be
given to the Local Planning Authority that it has been
erected.
Note: The protective barriers shall be as specified at
Chapter 6.2 and detailed in figure 2 of B.S.5837:2012 unless
otherwise agreed in writing with the Local Planning Authority. No
activities, nor material storage, nor placement of site huts or
other equipment what-so-ever shall take place within the barrier
and the barriers shall be retained for the duration of the
development.
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 (2016) policy
E2.
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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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No builders or
contractor’s vehicles, machinery, equipment, materials,
scaffolding or anything associated with the works should be left on
or near the footpath so as to obstruct, hinder or provide a hazard
to users.
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3.
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Nothing
connected with the development or its future use should have an
adverse effect on the right of way, which must remain available for
public use at all times in perpetuity.
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4.
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All vehicles would
be accessing the site via a public footpath and should give way to
public users at all times.
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