Agenda and draft minutes

To approve as a correct record the Minutes of the meeting of this Committee held on 22^nd November 2023.

It was queried whether the minutes of the meeting held on 22 November 2023 should have included a correction of the previous Minutes from the meeting on 20 September 2023 to confirm that the agreed planting requirement for 23/01686/FUL Orchard Day Nursery, Everington Bungalow, Everington Hill, Yattendon, Thatcham RG18 0UD had been for ten rather than five years. It was confirmed that officers had checked the YouTube recording and the condition imposed by the resolution had been for five years.

The Minutes of the meeting held on 22 November 2023 were approved as a true and correct record and signed by the Chairman.

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.

Councillor Anthony Amirtharaj declared an interest in Agenda Items 4(1), 4(2) and 4(3) by virtue of the fact that the site was in his ward, and he was a Member of Speen Parish Council, which had expressed concerns about the applications. He had also been lobbied in relation to these applications. As his interest was personal and not a prejudicial or disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matters.

Councillor Patrick Clark declared an interest in Agenda Items 4(1), 4(2) and 4(3) by virtue of the fact that he had undertaken some work for David Wilson Homes in 2015 as a communications consultant. As his interest was personal and not a prejudicial or disclosable pecuniary interest, he determined to remain to take part in the debates and vote on these matters.

Councillors Adrian Abbs and Patrick Clark declared an interest in Agenda Item 4(4) by virtue of the fact that the site was in their ward. As their interest was personal and not a prejudicial or disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.

Councillors Phil Barnett and Tony Vickers declared an interest in Agenda Item 4(4) by virtue of the fact that they both were Members of Newbury Town Council’s Planning and Highways Committee, which had discussed this application and a previous one for this site, but they confirmed that they would consider the application afresh. As their interest was personal and not a prejudicial or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matters.

Councillors Heather Codling declared an interest in Agenda Item 4(5) by virtue of the fact that the site was in her ward, and she was also a Member of Cold Ash Parish Council. As her interest was personal and not a prejudicial or disclosable pecuniary interest, she determined to remain to take part in the debate and vote on the matter.

(Note: The Chairman, with the consent of the Committee, reserves the right to alter the order of business on this agenda based on public interest and participation in individual applications).

1.     Members agreed to consider Agenda Items 4(1), 4(2) and 4(3) together, to be covered by a single presentation and a single set of questions and debate.

2.     The Committee considered reports for Agenda Items 4(1), 4(2) and 4(3) concerning the following Planning Applications:

·         23/00397/OUTMAJ – Bath Road, Speen, Newbury in respect of Section 73 - Application for Removal or Variation of a Condition following Grant of Planning Permission17/02092/OUTMAJ - Hybrid planning application comprising an outline planning application for up to 93 dwellings and associated works - all matters reserved; a change of use of land from agricultural to public open space; a changes of use of land to provide extension to existing allotments; and a full planning application for the erection of 11 new dwellings, new access and associated works on previously developed land.

·         22/01235/RESMAJ – Bath Road, Speen, Newbury in respect of application for approval of reserved matters following outline approval 17/02092/OUTMAJ - Hybrid planning application comprising an outline planning application for up to 93 dwellings and associated works - all matters reserved; a change of use of land from agricultural to public open space; a changes of use of land to provide extension to existing allotments; and a full planning application for the erection of 11 new dwellings, new access and associated works on previously developed land. Reserved matters approval for the erection of 93 homes, with associated open space and other infrastructure. Matters to be considered: access, appearance, landscaping, layout and scale.

·         23/00373/RESMAJ – Land Off Lambourn Road, Speen, Newbury in respect of approval of reserved matters following Outline Permission 17/02093/OUTMAJ (Outline planning application for up to 14 dwellings and associated works - all matters reserved except access.) Matters seeking consent: appearance, landscaping, layout and scale.

3.     Mr Masie Masiiwa introduced the combined report to Members, which took account of all relevant policy considerations and other material planning considerations. In conclusion the reports detailed that the proposals were acceptable in planning terms. For application 23/00397/OUTMAJ, officers recommended that the Development Manager be authorised to grant planning permission subject to the conditions outlined in the main and update reports. For applications 22/01235/RESMAJ and 23/00373/RESMAJ, officers recommended that the Development Manager be authorised to grant reserved matters approval subject to the conditions in the main reports and update reports.

4.     The Chairman asked Mr Paul Goddard if he had any observations relating to the applications. He confirmed that access points had been approved as part of the outline permission and the current applications related to the internal arrangements. Officers were content with the proposals set out in all three applications with regards to road design, parking, electric vehicle charging, and cycle storage and recommended approval. Minor points left to consider could be addressed as part of the road adoption process.

5.     Mr Colin Mansell had been due to speak as an objector, but was unable to attend due to illness and Mr John Headland had requested to speak on his behalf. Also, Ms Sian Keeling was unable to  ...  view the full minutes text for item 3.(1)

1.      The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 22/01235/RESMAJ Bath Road Speed, Newbury in respect of Application for Approval of Reserved Matters following Outline Approval 17/02092/OUTMAJ - Hybrid planning application comprising an outline planning application for up to 93 dwellings and associated works - all matters reserved; a change of use of land from agricultural to public open space; a changes of use of land to provide extension to existing allotments; and a full planning application for the erection of 11 new dwellings, new access and associated works on previously developed land] Reserved matters approval for the erection of 93 homes, with associated open space and other infrastructure. Matters to be considered: Access, Appearance, Landscaping, Layout and Scale.

2.      This matter was considered jointly with Agenda Items 4(1) and 4(3). Details of relevant representations and Member questions have been incorporated into the minutes for Agenda Item 4(1).

Debate

3.      Councillor Tony Vickers opened the debate. He noted a discrepancy between the current route of the Public Right of Way and the route shown in the Definitive Map. He felt that the wording of Condition 6 may need to be amended to ensure that the developer incurred any costs associated with the Diversion Order. It was noted that the Countryside Service imposed an administrative charge for creation/diversion orders to cover advertising costs. It was suggested that the wording of the condition be amended to make clear that the Diversion Order would be carried out at the applicant’s cost.

4.      Councillor Antony Amirtharaj noted that the Update Report had recommended that Protected Species Surveys be conditioned. Mr Masie Masiiwa confirmed that these should be undertaken prior to commencement. This condition covered the whole development site.

5.      Councillor Vickers proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report, with an additional condition requiring protected species surveys to be updated. This was seconded by Councillor Phil Barnett.

6.      The Chairman invited Members of the Committee to vote on the proposal by Councillor Vickers, seconded by Councillor Barnett to grant planning permission. At the vote the motion was carried.

RESOLVED that the Development Manager be authorised to grant planning permission subject to the conditions in the report and update report, with the following amendment to Condition 6 to add that the applicant shall meet all public rights of way diversion costs.

Condition

1.     The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 23/003373/RESMAJ – Land off Lamborn Road, Speen, Newbury, approval of reserved matters following Outline Permission 17/02093/OUTMAJ (Outline planning application for up to 14 dwellings and associated works - all matters reserved except access.) Matters seeking consent: Appearance, Landscaping, Layout and Scale.

2.     This matter was considered jointly with Agenda Items 4(1) and 4(2). Details of relevant representations and Member questions have been incorporated into the minutes for Agenda Item 4(1).

Debate

3.     An informative had been requested for the provision of PV panels on all dwellings.

4.     Councillor Antony Amirtharaj opened the debate. He noted that the update report had recommended that dropped kerbs and tactile paving be provided at points where pedestrians were likely to cross the road. He asked if this would be secured through a condition. Mr Paul Goddard confirmed that this could be secured through a condition, but highlighted that these details were usually picked up as part of the S38 process.

5.     Councillor Howard Woollaston proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report, with an additional condition to require that dropped kerbs and tactile paving be provided at points where pedestrians were likely to cross the road. This was seconded by Councillor Heather Codling.

6.     The Chairman invited Members of the Committee to vote on the proposal by Councillor Woollaston, seconded by Councillor Codling to grant planning permission. At the vote the motion was carried.

RESOLVED that the Development Manager be authorised to grant planning permission subject to the conditions in the main report and update report, with the following additional condition requiring a pedestrian crossing at Lambourn Road.

Condition

Informatives

1.     The Committee considered a report (Agenda Item 4(4)) concerning Planning Application 23/02915/FUL – Battery End Hall, Battery End, Newbury, RG14 6NX in respect of one 4 bed two storey dwelling with parking, cycle and refuse storage. (Re-submission of Approval 19/00995/FULD without any amendments).

2.     Mr Patrick Haran introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was acceptable in planning terms and officers recommended that the Development Manager be authorised to grant planning permission subject to the conditions outlined in the main and update reports.

3.     The Chairman asked Mr Paul Goddard if he had any observations relating to the application. He indicated that the proposal was similar to the previous application that had been approved. Highways Officers were happy that it complied with standards/policy relating to parking, electric vehicle charging points and cycle parking.

Continuation of meeting

4.     In accordance with the Council’s Constitution Part 3, Rule 10, the Committee supported the Chairman’s motion that the remaining business could be concluded by 10.30pm, and therefore continued with Agenda Item 4(4).

5.     In accordance with the Council’s Constitution, Mr Andy Moore, Town Council representative, Ms Jennifer Evans, objector, Mr Azar Sharif applicant/agent, addressed the Committee on this application.

Parish/Town Council Representation

6.     Mr Moore in addressing the Committee raised the following points:

·         This was the third application for the site and Mr Moore was pleased that it would be considered by the Western Area Planning Committee.

·         Newbury Town Council accepted that this was a good brownfield site for development with a dwelling, but in 2019 they had objected on grounds of over-development and that the hedge should be retained. In 2022, they had objected for reasons of over-development and because the proposed dwelling was too close to the hedge. The hedge was of amenity and biodiversity value. The Town Council had objected to the current application on the grounds of over-development and the need to protect the hedge.

·         The Town Council owned the recreation ground to the west of the property. The boundary and ownership of the hedge was difficult to establish. However, the Town Council was seeking to regularise their ownership of the hedge and to maintain it thereafter.

·         The proposed hedge retention plan was considered inadequate, and officers had proposed a condition to improve it to ensure the hedge’s retention, which was the outcome desired by all parties.

·         The applicant’s representative had accepted that the western wall of the current hut was the western boundary of the plot and that the hedge should be protected.

·         The proposed development was considered to be over-development, as it appeared overly large for the plot.

·         The eastern wall of the plot coincided with the eastern boundary of the plot and the plot width had been measured at 9.9m. The plans did not include dimensions, but had been scaled at 9.5m - 9.8m.

·         The plans showed space down each side of the dwelling to  ...  view the full minutes text for item 3.(4)

1.      Agenda Item 4(5) 23/01916/HOUSE – Birkdale, The Ridge, Cold Ash, RG18 9HT was not considered, and was deferred to the next meeting of the Western Area Planning Committee.