Agenda item

Proposal:	Proposed conversion of extant permission of B1[a] office use to 22 dwellings, 11 of which are to be affordable. Associated access and parking
Location:	Land at former Travis Perkins site, Mill Lane, Newbury
Applicant:	David Wilson Homes [Southern] Limited
Recommendation:	That the District Planning Committee GRANT planning permission to planning application 16/00657/FULEXT subject to the first completion of the required s106 obligation to deliver the 11 affordable units on the site, with the conditions as noted on the agenda reports and update sheet

 

(Councillors Jeff Beck and Anthony Pick declared a personal interest in Agenda Item 4(3) by virtue of the fact that they were Members of Newbury Town Council and its Planning and Highways Committee. Councillors Beck and Pick had been present when this item was discussed, but made it clear that they would consider the application afresh. As their interest was personal and not prejudicial, registerable or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.)

(Councillor Jeff Beck advised that he had been lobbied on Agenda Item 4(1)).

The Committee considered a report (Agenda Item 6(3)) concerning Planning Application 16/00657/FULEXT in respect of the proposed conversion of extant permission of B1(a) office use to 22 dwellings, 11 of which were to be affordable, associated access and parking.

The Planning Officer confirmed that this application had previously been considered at the Western Area Planning Committee meeting on 10^th August 2016. The item had also been deferred from the District Planning Committee meeting on 30^th August 2016 due to lack of time to consider the application.

Policy CS9 in the Core Strategy 2006 to 2026 was an employment protection designation on the land in question. This meant that essentially non-employment generating developments, such as housing, would not be permitted, unless exceptional circumstances pertained. In this application, housing was being promoted by the Developer. Accordingly the application, if approved, would be contrary to policy CS9 and so would comprise a departure from the Development Plan. In this particular case, both officers and the Western Area Planning Committee were recommending to the District Planning Committee, that the application be approved because, within the application, whilst it was duly acknowledged that an approval would mean the loss of employment land in the future, and so be contrary to policy CS9, the planning gain of the additional 11 affordable units [50% rate rather than  the normal 30% rate advised in policy CS6] was sufficient to set aside the underlying policy objection and loss of employment land.

The application site was currently vacant land adjacent to an existing housing development of 37 dwellings, now completed and occupied, to the south. The site abutted Mill Lane to the north and would derive access from that route. It was proposed to erect 22 dwellings on the site up to three storeys in height, 11 of which were to be affordable [50%]. It would be associated with 44 parking spaces, [two per unit] with three visitor spaces adjoining the principal roadway into the site. The buildings would be relatively contemporary in design as the elevations indicated. No external open space was to be provided, but bin stores and cycle stores would be laid out on the site. All the dwellings in addition, would be two bedroomed. All would be flats apart from one 2 bed townhouse. It was noted that if this application was approved this would mean that the extant permission for offices would not be constructed. Application 13/00835/FULEXT was however finally approved by the Council for part development of the site for 37 dwellings [with 11 affordable units] but with 1500m2 of B1a space on the current application site. The approval of this contained a condition regarding phasing which sought to ensure that prior to the dwellings being completed, the permitted offices would be built out ready for occupation. Application 14/01096/COMIND was subsequently approved which involved a revised office design [still of 1500m2] with an associated nine affordable dwellings being part of the original 37 dwelling scheme as permitted above. This was approved, also with a Condition [21] which had the effect of ensuring the office completion prior to the completion of the nine affordable dwellings. This was not however achieved. Accordingly a s73A application was submitted to rectify this situation by the deletion of Condition 21. This was accepted by Council Officers on the basis that to do otherwise would have resulted in the nine affordable dwellings being held vacant for an indeterminate period. [14/02296/FULEXT]. This approval did not affect the validity of the office permission which still remained automatically extant in perpetuity, by virtue of the nine dwelling completion. This remained the case up to the present.

Paragraph 22 of the NPPF advised Local Planning Authorities to avoid the long term protection of employment sites, where there was no reasonable prospect of a site being used for that purpose. The application site comprised a policy CS9 site which allowed for employment uses only to be permitted, unless an exceptional case could be made. In this instance, it was recognised that whilst housing was being provided, on site, the following as apposite:

1.    The site in physical terms was virtually surrounded now by housing as the Committee site visit had evidenced.

2.    The site was brown field in a highly sustainable location adjacent the town centre of Newbury, being a short walking/cycling distance away - circa 400m. It was thus entirely appropriate for residential uses.

3.    The form of the new building was considered to be acceptable in design/amenity/physical terms, having regard to the adjacent buildings and uses.

4.    It was the planning policy issue which was the most important issue under CS9 to be considered.

The Highways Officer stated that there would be less traffic generated with this proposal than would be generated from an office development. The proposal also complied with parking standards and layout and therefore no highways objections had been raised.

Councillor Anthony Pick asked what the implications would be in setting a precedent for land west of Mill Lane and commercial applications as a whole elsewhere in the district. The Planning Officer confirmed that there would be some risk of a precedent being set but he was of the opinion that that had already been set with the approval of the Sterling Cables site and the Planning Inspector allowing the Faraday Road application. The provision of 50% affordable housing on the site was an exception and was the reason why Officers were recommending approval of the application. Councillor Alan Law added that each individual site would have to be considered on its own merits and it was his understanding that no precedent would be set where exceptions could be made.

Councillor Hilary Cole reminded the Committee of the three reasons that an application would be referred up to the District Planning Committee as follows:

·         A possible conflict with a policy that would undermine the Local Plan or the Local Development Framework;

·         A district-wide public interest; or

·         The possibility of claims for significant costs against the Council.

In accordance with the Council’s Constitution, Mr. Simon Kirk and Mr. Ross Freeman, applicant/agent, addressed the Committee on this application.

Mr. Freeman in addressing the Committee raised the following points:

·                The proposal was for 22 residential dwellings;

·                There was a lot of planning history to the site with David Wilson Homes had acquiring the site in 2007. An application had been submitted in 2013 for redevelopment of the site for 37 dwellings and office space and this was approved in February 2014. In 2014 approval was given for the erection of 1500m² of B1a space plus 9 affordable units. However, no interest had been shown for the office space and therefore a s73A application had been submitted to remove Condition 21 (phasing). As there was a surplus of office accommodation in the Newbury area a further application had been submitted for 22 units and this was the proposal which was being considered that evening;

·                Negotiations had taken place with the Council’s Planning Officers in respect of the application;

·                The proposal included two parking spaces per dwelling plus three spaces for visitors;

·                Mill Lane had a 7.5 tonne weight limit which restricted the use of the site;

·                There was a Government drive for more new homes to be built;

·                This was a sustainable vacant brownfield site and should planning permission be granted construction would commence in January 2017. 

Councillor Alan Macro referred to the statement that Mill Lane had a 7.5 tonne weight restriction and he queried how that would affect an office development. Mr. Simon Kirk replied that vans and lorries would need to deliver to the offices and the weight restriction would have an impact. Whilst this was not the sole reason for lack of interest in the office development it was a contributory factor.

In considering the above application Members referred to the issue around setting a precedent. Councillor Jeff Beck noted that nearby Windsor Court had over 100 units and therefore the presumption for residential development in this area had already been set.

Councillor Paul Bryant felt that the site was already surrounded by housing and the Inspector would probably allow the development in any event if it went to appeal. It was necessary to consider the local circumstances when determining the application and he felt that an update to the Local Plan was required in relation to employment land.

Councillor Anthony Pick supported the proposal and therefore proposed that the application should be approved in line with the Officer recommendation. This was seconded by Councillor Richard Crumly.

Councillor Alan Law was supportive of the application but asked for assurance that the Council would receive the 50% affordable housing and he asked if this could be made clear in an informative. The Legal Officer confirmed that this would be included in the s106 legal agreement which would be completed prior to the planning permission being granted.

RESOLVED that the Head of Planning and Countryside be authorised to grant planning permission with a s106 obligation attached to achieve the 50% affordable housing and subject to the following conditions:

Conditions

1.     The development shall be commenced within three years of the date of this permission and implemented strictly in accordance with the approved plans.

          Reason: To enable the Local Planning Authority to review the desirability of the development against the advice in the DMPO of 2015.

2.      The Development shall be carried out in strict accord with the following plan numbers -H3642/ 100 ReV D, h3642/rp/04/Rev A, H3642/RP/05 Rev A, H3642/AH/01.

          Reason: To clarify the planning permission in accord with the DMPO of 2015.

3.      No development shall commence until details of floor levels in relation to existing and proposed ground levels have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved levels.

          Reason: To ensure a satisfactory relationship between the proposed building and the adjacent land in accordance with policy CS14 in the West Berkshire Core Strategy 2006 to 2026.

4.      The hours of work for all contractors (and sub-contractors) for the duration of the site development shall, unless otherwise agreed in writing by the Local Planning Authority, be limited to; 7.30 am to 6.00 pm on Mondays to Fridays, 7.30 am to 1.00 pm on Saturdays, and NO work shall be carried out on Sundays or Bank Holidays.

          Reason: In order to protect the amenities of surrounding residents in accordance with policy CS14 in the West Berkshire Core Strategy 2006 to 2026.

5.      No development shall take place until details of the provision for the storage of refuse and recycling materials for the dwellings have been submitted to and approved in writing by the Local Planning Authority.  The development shall not be brought into use until the refuse facilities have been provided in accordance with the approved details and shall be retained for this purpose thereafter.

          Reason: To ensure that there is adequate and safe refuse/recycling facilities within the site.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

6.      No development shall commence until the applicant has submitted to the Local Planning Authority a scheme of works, or other steps as may be necessary to minimise the effects of dust from the development. Development shall not commence until written approval has been given by the Local Planning Authority to any such scheme of works.

          Reason: In the interests of amenities of neighbouring occupiers in accord with the advice in the NPPF of 2012.

7.      No development shall commence until a scheme of sound insulation has been  submitted to and approved in writing by the Local Planning Authority.  The scheme shall provide for the sound insulation of the dwellings against all sources of external noise and the scheme shall be implemented before the development is first occupied. This relates in particular to the bus depot to the east of the application site.

          Reason: In the interests of the amenities of the occupants of the building and in accordance with saved policy OVS.6 of the West Berkshire District Local Plan 1991-2006.

8.      The development shall not be occupied until a 1.8m high imperforate wall has been erected along the whole of the eastern boundary of the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority.  The approved wall shall thereafter be retained and maintained at the height and position as approved.

          Reason: To protect the amenity and privacy of the occupiers of adjoining properties (from noise) in accord with policy OVS6 in the West Berkshire District Local Plan 1991 to 2006.

9.      Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until the points 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 4 has been complied with in relation to that contamination.

10.    Site Characterisation

          An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i)      a survey of the extent, scale and nature of contamination;

(ii)     an assessment of the potential risks to:

- human health,

- property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

- adjoining land,

- groundwater and surface waters,

- ecological systems,

- archeological sites and ancient monuments;

(iii)    an appraisal of remedial options, and proposal of the preferred option(s).

          This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

11.    Submission of Remediation Scheme

          A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

12.    Implementation of Approved Remediation Scheme

          The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

          Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

13.    Reporting of Unexpected Contamination

          In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority.

          Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3.

If required:

14.    Long Term Monitoring and Maintenance

          A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period to be agreed with LPA, and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.

          Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.

          This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

          Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. In accord with the advice in the NPPF of 2012.

15.    No development shall commence until samples of the materials to be used in the proposed development have been submitted to and approved in writing by the Local Planning Authority.  This condition shall apply irrespective of any indications as to the details that may have been submitted with the application, and shall where necessary include the submission of samples of glass, plastic and mortar materials. Thereafter the materials used in the development shall be in accordance with the approved samples.

          Reason: In the interests of visual amenity in accordance with Policy CS14 in the West Berkshire Core Strategy of 2006 to 2026.

16.    No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.  The statement shall provide for:

(a)     The parking of vehicles of site operatives and visitors

(b)     Loading and unloading of plant and materials

(c)     Storage of plant and materials used in constructing the development

(d)     The erection and maintenance of security hoarding including decorative displays and facilities for public viewing

(e)     Wheel washing facilities

(f)      Measures to control the emission of dust and dirt during construction

(g)     A scheme for recycling/disposing of waste resulting from demolition and construction works

          Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS5 and CS13 of the West Berkshire Core Strategy (2006-2026), Policy TRANS 1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

17.    As a first development operation, the vehicular, pedestrian/cycle access and associated engineering operations shall be constructed in accordance with the approved drawing(s).

          Reason: In the interest of highway safety.   This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

18.    The clearance height within the undercroft shall not be less than 2.6m.

          Reason: To ensure public safety in accord with the advice in the NPPF of 2012.

19.    No dwelling shall be occupied until the vehicle parking and/or turning space have been surfaced, marked out and provided in accordance with the approved plan(s).  The parking and/or turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

          Reason: To ensure the development is provided with adequate parking facilities, in order to reduce the likelihood of roadside parking that would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

20.    No development shall take place until details of the cycle parking and storage space have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the cycle parking and storage space has been provided in accordance with the approved details and retained for this purpose at all times.

          Reason: To ensure that there is adequate and safe cycle storage space within the site. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

Informatives:

1.      The development shall be started within three years from the date of this permission and implemented strictly in accordance with the approved plans.

          Reason:  To enable the Local Planning Authority to review the desirability of the development against Policy DP5 of the Berkshire Structure Plan 2001-2016 and Policy OVS2 of the West Berkshire District Local Plan 1991 - 2006 should it not be started within a reasonable time.

2.      This planning permission must be read in conjunction with a s106 legal agreement dated the vvvvv. You are advised to make yourself aware of the contents.