Agenda and minutes

To approve as a correct record the Minutes of the meeting of this Committee held on 16 May 2018.

The Minutes of the meeting held on 16 May 2018 were approved as a true and correct record and signed by the Chairman, subject to the following amendment:

Page 7: The Chairman asked that it be noted that he had received Councillor Dennis Benneyworth apologies, prior to the meeting.

To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct.

Councillors Jeff Beck, Adrian Edwards and Anthony Pick declared an interest in Agenda Items 4(1-5), but reported that, as their interest was a personal or an other registrable interest, but not a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.

(Councillors Jeff Beck, Adrian Edwards and Anthony Pick declared a personal interest in Agenda Items 4(15) by virtue of the fact that they were members of Newbury Town Council and its Planning and Highways Committee. As their interest was personal and not prejudicial or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.)

(Councillor Beck had been lobbied on all five applications and Councillor Pick had discussed the application with residents during a site visit outside of the formally arranged appointment.)

1.     As all five applications related to the same site, under Rule 7.13.6 of the Constitution, the Chairman varied the order of the representations so that the applications were presented and discussed as a whole. The decisions would then be taken consecutively. 

2.     The Chairman suspended the operation of Rule 7.13.4 (Time Allowed) of the Constitution to allow speakers to present for ten minutes.

3.     Therefore, the Committee considered reports on (Agenda Item 4(1-5)) concerning Planning Applications:

1)    17/03232/FUL in respect of Section 73 - Application for variation of Condition (2) Approved Plans of Planning Permission 17/01171/FUL

2)    17/03233/LBC Section 73 - Application for variation of Condition (2) Approved Plans of Planning Permission 17/01172/LBC

3)    17/03223/FUL – Erection of plant room and substation

4)    17/03237/COMIND - Extension and alteration of existing cottage to create hotel restaurant with outdoor seating terrace, wall-mounted condenser unit and roof-mounted extract

5)    17/03238/LBC2 - Extension and alteration of existing cottage to create hotel restaurant with outdoor seating terrace, wall-mounted condenser unit and roof-mounted extract

4.     In accordance with the Council’s Constitution, Mr Edward Sharp and Ms Rebecca Richards, objector, and Ms Tiffany Renwick and Mr Euan Brown, applicant/agent, addressed the Committee on this application.

5.     Matthew Shepherds introduced the reports to Members, which took account of all the relevant policy considerations and other material considerations. In conclusion the reports detailed that the proposals were acceptable and conditional approvals were justifiable, subject to the first completion of a section 106 planning obligation. Officers on balance recommended the Committee grant all five planning permissions.

6.     The Chairman invited the Highways Officer to expound on the proposed car parking arrangements. Paul Goddard confirmed that he had no concerns with Agenda Items 4(1-3) and that the focus was on the car parking provision for the restaurant (Agenda Items 4(4-5)). A previous application had been withdrawn for the site as there was concern over the level of car parking. This application provided an additional 54 spaces, totalling 129 across the whole site to serve the hotel and the restaurant. Highway Officers had evaluated the parking plan and found it to be acceptable. There would be 25 staff on site who would mostly travel by car. The hotel provided 49 bedrooms and on the rare occasions that these would all be occupied, there would be 64 remaining spaces. The restaurant could cater for 162 covers, therefore an average of 2.5 spaces per cover should be sufficient as it was expected  ...  view the full minutes text for item 8.(1)

1.     Councillor Hilary Cole proposed to accept officer’s recommendation to approve planning permission 17/03233/LBC. This was seconded by Councillor Pick.

2.     The Chairman invited the Committee to vote and the motion was passed unanimously.

RESOLVED that the Head of Development and Planning be authorised to grant planning permission, subject to the following conditions:

Conditions

1.            Commencement date 3 Years from previous approval

The development hereby permitted shall be begun before the expiration of three years (29th April 2019) from the date of the initial permission 16/01171/FUL which was given on the 29th April 2016.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2.            Approved Plans

This listed building consent relates only to work described on the drawings/and/or/in the documents identified below:

Drawing title “Proposed Elevations (Sheet 1 of 2)” Drawing number P-03.01 -. Date stamped 27th November 2017.

Drawing title “Proposed Elevations (Sheet 2 of 2)”. Drawing number P-03.02-. Date stamped 27th November 2017.

Drawing title “Ground Floor Plan”. Drawing number P-02.01-. Date stamped 27th November 2017.

Drawing title “First Floor Plan”. Drawing number P-02.02-. Date stamped 27th November 2017.

Drawing title “Second Floor Plan”. Drawing number P-02.03-. Date stamped 27th November 2017.

Drawing title “Roof Plan”. Drawing number P-02.04-. Date stamped 27th November 2017.

Drawing title "Hotel Extension Surface Water Drainage Strategy". Drawing no. 36034/4001/002 Rev B. Date received 01/09/2016

Drawing title "Proposed Site Plan". Drawing number 01. Date received 16/05/2016

Drawing title "Ground Floor Plan Demolition". Drawing number J-284_DD_P2_A21_00. Date received 16/05/2016

Drawing title "Sections". Drawing number J-284_DD_P2_A21_06. Date received 16/05/2016

No work shall be carried out other than in accordance with the above drawings and documents.

Reason: To clarify what has been approved under this consent in order to protect the special architectural or historic interest of the building.

3.            Materials

Materials to be used externally shall be as approved under application 17/00866/COND1, which were set out in the email from Dennis Smith sent on the 21st August):

Facing Brick

Manufacturer - Imperial Bricks

Range - Reclamation Shire Blend.

Roof Tiles

Manufacturer - Dreadnought

Range - Smooth Red

Reason: To protect the special architectural or historic interest of the building.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

4.            Details of windows and Glazing/external doors

Details of all new windows/areas of glazing/external doors shall be as approved under application 17/00866/COND1 as shown on drawing numbers C.001 A which is an amended plan showing the revised doors on the south-west elevation; it was attached to the email from the applicant dated the 25th July 2017 saved under application 17/00866/COND1. In addition drawing no. C002 (showing the remaining elevations) is as originally submitted and has not been amended.

Reason: To protect the special architectural or historic interest of the building.  This condition is imposed in accordance with the  ...  view the full minutes text for item 8.(2)

1.     Councillor Hilary Cole proposed to accept officer's recommendation to approve planning permission 17/03223/FUL. This was seconded by Councillor Pick.

2.     Councillor Beck asked the Committee to consider taking into account the Newbury Society request for a watching brief and requested an additional evaluation to ensure that the level of noise was acceptable. Councillor Hilary Cole referred to the Archaeology statement on page 72 of the agenda which stated that, “previous construction will have disturbed any features of archaeological significance”. She therefore felt this negated the need for a watching brief. Members voted against the inclusion of Councillor Beck’s additions.

3.     The Chairman invited the Committee to vote on Councillor Cole’s proposal and the motion was passed unanimously.

RESOLVED that the Head of Development and Planning be authorised to grant planning permission 17/03223/FUL, subject to the following conditions/for the following reasons:

Conditions

1.            Full planning permission time limit

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

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2.            Standard approved plans

The development hereby permitted shall be carried out in accordance with the approved drawings

- Drawing title “Proposed Plant Room+ Sub-Station Block Plan.”. Drawing number PB.01 A. Date stamped 11th December 2017.

- Drawing title “Proposed Plant Room+ Sub-Station Site Plan”. Drawing number PP.01 A. Date stamped 11th December 2017.

- Drawing title “Proposed Plant Room+ Sub- Station Location Plan”. Drawing number PL.01 B. Date stamped 11th December 2017.

- Drawing title “Plant Room- Plans Elevations & Sections”. Drawing number PP.01 -. Date stamped 11th December 2017.

- Drawing title Substation Technical Storage (No drawing title present). Drawing number ESM.0000.A3.0055.DWG Rev A. Date stamped 11th December 2017.

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

3.            Materials to be submitted

No development shall take place until a schedule of all materials and finishes visible to the external of the building have been submitted to and approved in writing by the Local Planning Authority.  This condition shall apply irrespective of any indications as to these matters which have been detailed in the current application. Samples of the materials shall be made available for inspection on request. Thereafter the development shall be carried out in accordance with the approved materials.

Reason: To ensure that the materials are appropriate to the special architectural or historic interest of the building.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

4.            Tree protection scheme

No development (including site clearance and any other preparatory works) shall commence on site until a scheme for the protection of trees to be retained is submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location of the protective fencing, and  ...  view the full minutes text for item 8.(3)

1.     Councillor Hilary Cole proposed to reject officer's recommendation and to refuse planning permission 17/03237/COMIND. This was seconded by Councillor Pick.

2.     The Chairman invited the Committee to vote and the motion was passed unanimously.

RESOLVED that the Head of Development and Planning be authorised to refuse planning permission for the following reasons:

Reasons:

1.         Neighbouring Amenity

The development would have an unacceptably harmful impact upon the neighbouring amenity of adjoining dwellings within Two Rivers Way, Newbury. The location of the plant and extraction machinery is directed towards neighbouring property, without sufficient justification that the level of noise and odour will be mitigated. 

The development is accordingly contrary to policies OVS5 and OVS6 of the West Berkshire Local Plan Policies 1991-2006 (Saved 2007) and policy CS14 of the West Berkshire Local Plan (2006-2026) which seeks to ensure a high level of quality of design and a positive contribution to the wider locality and quality of life in West Berkshire.  Additionally the development would be contrary to Paragraph 123 of the National Planning Policy (2012) which seeks to avoid noise that gives rise to adverse impact on health and quality of life as a result of new development.

2.         Harm to Trees on the Site

The proposed development by virtue of its size and setting will result in an unacceptable level of damage to trees within the Newbury Conservation Area of which this site forms a part.  The proposal will neither preserve nor enhance the landscape character of the area as a result. The development will have a significant and unacceptable level of harm to the eastern boundary of the site through the removal of large amounts of landscaping screening and trees. In addition, this level of tree removal and impact would have an adverse impact on the setting of the River Lambourn which is an SSSI and SAC protected under European legislation.

The development is accordingly contrary to Policies CS17, CS18 and CS19 of the West Berkshire Local Plan (2006-2026).The latter seeks to preserve the local distinctiveness and character and the sensitivity of areas to change. Additionally CS18 seeks green infrastructure to be protected and enhanced. The development would also fail to comply with para. 118 of the National Planning Policy Framework which seeks to ensure biodiversity of sites is conserved and enhanced.

1.     Councillor Hilary Cole proposed to accept officer's recommendation to approve planning permission 17/03238/LBC2. This was seconded by Councillor Pick.

2.     The Chairman invited the Committee to vote and the motion was passed. Councillors Pick and Edwards abstained and asked for this to be recorded in the minutes.

RESOLVED that the Head of Development and Planning be authorised to grant planning permission, subject to the following conditions:

Conditions:

1.            Time Limit on Planning Permission

The development hereby permitted shall be begun before the expiration of three years from the date of this consent.

Reason: To comply with the requirements of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2.            Approved Drawings

This listed building consent relates only to work described on the drawings identified below:

- Drawing title “Proposed Restaurant Elevations- Sheet 1”. Drawing number RP.05. Date stamped 28th November 2017

- Drawing title “Proposed Restaurant Elevations- Sheet 2”. Drawing number RP.06. Date stamped 2nd May 2018

- Drawing title “Proposed Restaurant Sections”. Drawing number RP.07. Date stamped 28th November 2017

- Drawing title “Proposed Restaurant Ground Floor Plan”. Drawing number RP.02 A. Date stamped 2nd May 2018

- Drawing title “Proposed Restaurant First Floor Plan”. Drawing number RP.03. Date stamped 28th November 2017.

- Drawing title “Proposed Restaurant Roof Plan”. Drawing number RP.04. Date stamped 28th November 2017.

- Landscaping plan: Overlay and mark up of Landscape planting plans of the approved hotel plan and current restaurant plan dated 27.03.18

- Drawing title “Proposed Restaurant Site Plan”. Drawing number RP.01 C. Date stamped 16th March 2018

- Drawing title “Proposed Restaurant Block Plan”. Drawing number RB.01 A. Date stamped 28th November 2017.

- Drawing title “Proposed Restaurant Location Plan”. Drawing number RL.01 A. Date stamped 28th November 2017

- Drawing title “Kitchen Ventilation”. Drawing number CCN-01. Date stamped 28th November 2018.

-  Drawing title “Kitchen Ventilation”. Drawing number CCN-02. Date stamped 28th November 2018.

No work shall be carried out other than in accordance with the above drawings and documents.

Reason: To clarify what has been approved under this consent in order to protect the special architectural or historic interest of the building.

3.            Schedule of Materials

No development shall take place until samples and an accompanying schedule of all materials and finishes visible external to the building have been submitted to and approved in writing by the Local Planning Authority.  All materials incorporated in the work shall match the approved samples.

Reason: To ensure that the materials are appropriate to the special architectural or historic interest of the building.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

4.            Facing Brickwork Making good shall match

All new facing brickwork, including works of making good, shall match the existing brickwork in terms of bricks (size, colour and texture);  mortar (mix, colour and texture); joint  profile; and bond.

Reason: To ensure that the materials are appropriate to the special  ...  view the full minutes text for item 8.(5)