Agenda item

Proposal:	Section 73. Variation of Condition 2: Approved Plans in accordance of approved reference 15/03473/FULD [Demolition of existing dwelling and associated outbuildings, and replacement with a new dwelling and garden shed]
Location:	Woodridge House, Bucklebury Alley, Cold Ash RG18 9NH
Applicant:	Mr R Samuels and Mrs J Samuels
Recommendation:	The Head of Planning and Countryside be authorised to APPROVE the application as submitted

 

(Councillor Clive Hooker resumed the position of Chairman).

1.       The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 17/00315/FULD in respect of Section 73 Variation of Condition 2: Approved Plans in accordance of approved reference 15/03473/FULD (Demolition of existing dwelling and associated outbuildings and replacement with a new dwelling and garden shed.

2.       In accordance with the Council’s Constitution, M Munro, Parish Council representative, Bob Thorley, objector, Howard Waters, applicant/agent and Councillor Garth Simpson, Ward Member addressed the Committee on this application.

3.       Derek Carnegie introduced the report to Members, which took account of all the relevant policy considerations and other material considerations.  The item had been brought before the Committee as more than ten objections had been received to the application. 

4.       The application sought the variation of Condition 2 of the earlier planning permission, which included a revised scheme to provide basement storage underneath the new dwelling.  This would reduce the requirement for the proposed piling and there would be less spoil to remove from the site.  The Officers’ recommendation was to approve the planning permission as it was considered very acceptable.

5.       M Munro in addressing the Committee raised the following points:

·     The Parish Council had objected to the original design due to over massing.  However the applicant had agreed to amend the plans and they found the new application to be acceptable.

·     The ramp underneath the building was an improvement on the previous plan although they were aware that there were still some objections to the development.

·     The main objection related to noise from the ramp but the Parish Council felt that as the underground storage would be used for a collection of vintage cars, it would not be in continual use.

·     Therefore, after consideration, they felt the concerns had been addressed and they had no further objections.

6.       Bob Thorley in addressing the Committee raised the following points:

·     He had lived at Pine Lodge for 33 years, which was adjacent to Woodridge and it was in an AONB.

·     He had strongly supported the earlier planning application.

·     All the changes in this application would have a direct impact on Woodridge, as the ramp and the 6-7 door garage would be located immediately adjacent to his property.

·     There might be benefits from the new application during construction, but there would be a permanent impact on Pine Lodge and he was concerned about the step ramp, which was parallel and adjacent to his boundary.

·     There would be noise and disturbance caused by access to the ramp and the right turn into the garage.

·     Headlights from the vehicles accessing the garage would spill over the top into the front of Woodridge and the master bedroom.

·     A beautiful 50 year old, 30 feet golden yew tree that screened the two houses was threatened and was not included on the plans.  The tree was within the curtilage of Woodridge and its roots would be damaged during the construction of the ramp.

·     He asked the Committee to agree that the greater good lay with the original approved plans.

·     However, if the application was approved, an acoustic fence would assist, as would raising the height of the eastern wall and refreshing the hedge. 

7.       Councillor Hilary Cole asked what the distance was from Pine Ridge to the garage door at Woodridge.  Mr Thorley replied that he was not sure but he believed this information had been provided during the site visit.

8.       Councillor Howard Bairstow suggested that if the vehicles did not use their headlights when accessing the garage that this would reduce their impact.  Mr Thorley agreed, but felt it was unlikely that drivers would turn the headlights off.

9.       Howard Waters in addressing the Committee raised the following points:

·     The application was the end of a long and emotional process for Mr and Mrs Samuels.

·     There had been a number of objections to this planning application even though it was an improvement on the original one.

·     The refinement referred to the basement parking under the house, which dispensed with the need to build a garage above ground.

·     This meant there would be space on site for the contractors’ vehicles.

·     There would be no piling so it would be less disruptive with less noise as there would be less spoil leaving the site.

·     The concern about disturbance from car headlights was a red herring as there would be less disturbance than that caused by cars parked at ground level.

·     The ramp would be less steep than in the previous application so there would be less noise from car engines.

·     There would be no impact on the yew tree and it had not been ignored.

·     Mr and Mrs Samuels had tried to lessen the impact on neighbours as they had been living at the property for some time.

·     The builder had attended the planning meeting, which was a measure of how seriously the neighbours’ concerns were being taken.

10.   Councillor Jeff Beck observed that mention had been made about acoustic fencing and headlights exiting the garage and that Mr Waters had assured them during the site meeting that he would look into this.  He therefore asked Mr Waters if he would agree to the inclusion of a condition to this effect.  Mr Waters replied that a landscaping scheme had already been approved, which could be implemented immediately and he felt this would be more appropriate in an AONB.   Consequently, having given it some thought he did not consider it was an issue.

11.   Councillor Beck further observed that the boundary hedging related to an earlier application and a sound assessment of noise from the garage appeared to have been pushed to one side.  Mr Waters retorted that they were certainly not ignoring this concern.

12.   Councillor Anthony Pick queried at what point the cars would reach ground level as they emerged from the basement and Mr Waters pointed this out on the map.

13.   Councillor Pick then enquired if Mr Waters would be willing to install some protection against the headlights until the natural hedging had taken effect.  Mr Waters agreed that this would be acceptable and suggested the installation of a 2 metre fence. 

14.   Councillor Garth Simpson asked if the beech hedge would be retained, which Mr Waters affirmed as this was a condition of the planning application.

15.   Councillor Simpson requested the timescales for construction and Mr Waters advised it was due to start within the next fortnight and would take a year.  The basement and ramp would be built first and this would take about 3 months.

16.   Councillor Simpson then asked for clarification about the root protection in place for the yew tree and Mr Waters advised some root protection measures had been retained from the previous application.

17.   Councillor Cole referred members to Paragraph 7.13.5 (Continuation of Meeting) of part 7 of the Council’s Constitution which stated that meetings of Committees should not normally continue past 10.00pm.  However, the meeting could extend to 10.30pm at the latest if it was felt that the business of the meeting could be concluded within that time.  Councillor Cole proposed that the meeting was extended to 10.30pm at the latest to determine the application.  This was seconded by Councillor Beck and approved by the Committee.

18.   Councillor Garth Simpson in addressing the Committee raised the following points:

·     The main concerns raised by the objectors to the earlier application had been addressed and the new application did not contain any material changes.

·     The new application would bring considerable benefits to the development as the frontage from the ramp would be reduced as would the visual impact.

·     Consequently he approved of the new application although he did appreciate there would be an impact on Pine Lodge.

·     The ramp did provide visual mitigation and attention to the hedge near the ramp should be given as it needed to be refreshed.

·     He noted that consideration should be given to the installation of an acoustic fence.

19.   Councillor Adrian Edwards noted that there had been no mention of the archaeological impact caused by excavating the site for the basement.  Derek Carnegie reassured him that consultation had been undertaken on this as part of the planning application and if there had been any concerns, these would have been raised.

20.   Councillor Simpson observed that when looking at a cross section diagram, it showed the soil around the yew tree within the Woodridge boundary running at an angle, whereas on the Pine Ridge side it was level.  It therefore looked as if the soil around the roots was very shallow.  Derek Carnegie reassured him that a detailed investigation had been carried out by the Tree officer.

21.   Councillor Virginia von Celsing expressed her support for the application and proposed that permission was granted.  This was seconded by Councillor Pick with the proviso that it included a two metre fence to protect against the car headlights when emerging from the ramp until the hedge had grown.

22.   The Chairman invited the Committee to vote on Councillor von Celsing’s proposal, seconded by Councillor Pick to accept Officers’ recommendation, which included the amendment requested by Councillor Pick.  At the vote this was carried.

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

Conditions

1.   Time to Implement

The development hereby permitted shall be begun on or before 29th March 2019, this date being three years from the date of the first permission (15/03473/FULD).

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.   Plans approved

The development hereby approved shall be carried out in accordance with:

Site Location and Block Plan        1584.01

Proposed Site Plan                      1584.30-A

Proposed Plans and Elevations    1584.29

Proposed Shed and Gate Details 1584.06

Site Section and Street Scene      1584.07-A

Associated Documents:

Planning, Design and Access Statement, (MWA 1584 revision A Dated 2nd February 2017) Phase I Habitat Survey (Arbtech 10th February 2014) First received as part of application 14/02878

All received with the application validated on 7th February 207 unless otherwise specified.

Reason: To ensure that the development is carried out in accordance with the submitted details in accordance with the National Planning Policy Framework 2012, policies ADPP1, ADPP5, CS 13, CS 14, and CS 19 of the West Berkshire Core Strategy 2006-2026, policy TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007, Supplementary Planning Document: Quality Design 2006.

3.   Materials

The following external materials shall be used in the development hereby approved unless alternative details are agreed, through a condition discharge application, in writing with the local planning authority:

Facing Brick Michelmersh Dark Victorian Red

Tile Hanging Marley Plain Clay Ashdowne (Aylesham Mix)

Roof Dark     Grey Natural Slate (Forna Especial)

Reason: To ensure that the external materials are visually attractive and respond to local character. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

4.   Hard Surfacing

The development hereby approved shall include the hard surfacing areas and materials shown on drawing 1584.Land 2.

The hard surfacing shall be completed in accordance with the approved scheme before the dwelling hereby permitted is occupied. The approved hard surfacing shall thereafter be retained.

Reason: In the interests of visual amenity. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

5.   Spoil removal

Spoil arising from the development, hereby approved shall be disposed of in accordance with the details first received through discharge of condition application 16/01706. Finished ground levels shall be in accordance with the details shown on approved drawing 1584.30-A. All spoil arisings will be taken off site and Top soil will be temporarily stockpiled on site pending re-use at the completion of the project as soil around the building, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure appropriate disposal of spoil from the development and to ensure that ground levels are not raised in order to protect the character and amenity of the area. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

6.   External Lighting

The development hereby approved shall include the external lighting details shown on drawing 1584.Land 2 and as approved through discharge of condition application 16/01706.

The external lighting shall be installed in accordance with the approved scheme before the dwelling hereby permitted is occupied. No external lighting shall be installed except for that expressly authorised by the approval of details as part of this condition. The approved external lighting shall thereafter be retained.

Reason: The Local Planning Authority wish to be satisfied that these details are satisfactory, having regard to the setting of the development/To protect the amenities of adjoining landusers and the character of the area. The area is unlit at night and benefits from dark night skies.  Inappropriate external lighting would harm the special rural character of the locality. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies ADPP5 and CS14 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

7.   Temporary Parking, Turning and Construction Method Statement

The construction of the development hereby approved shall be in accordance with the details shown on Site Management Plan 1584.SM2 and as set out in the MWA 1584 Construction Method Statement dated 2nd February 2017.

The approved parking and turning area and Construction Management shall be provided at the commencement of development and thereafter maintained in accordance with the approved details until the development has been completed. During this time, the approved parking and turning area shall be kept available for parking and used by employees, contractors, operatives and other visitors during all periods that they are working at or visiting the site.

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).

8.   Landscape Scheme

The development hereby approved shall be landscaped in accordance with the details shown on drawing 1584.Land 2. The approved scheme shall ensure:

a)   Completion of the approved landscape scheme within the first planting season following completion of development.

b)   Any trees shrubs or plants that die or become seriously damaged within five years of this development shall be replaced in the following year by plants of the same size and species.

Reason: To ensure the implementation of a satisfactory scheme of landscaping. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

9.   Arb Method Statement and Watching Brief

The development hereby approved shall be carried out in accordance with the approved Arboricultural Method Statement and Watching Brief, first received through condition discharge application 16/01706 (Fulford-Dobson Associates dated 22nd June 2016), Tree Protection Plan 1584.05 and supplemental statement from Fulford-Dobson Associates (Jasper Fulford-Dobson) dated 8th March 2017. This statement includes details of the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area. Thereafter the development shall incorporate and be undertaken in accordance with the approved statement.

Reason: To ensure the protection of trees identified for retention at the site. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026).

10. Protective Fencing

Protective fencing shall be implemented and retained intact for the duration of the development in accordance with the tree and landscape protection scheme identified on approved drawing number 1584.05. Within the fenced areas, there shall be no excavations, no storage/mixing of lime based products or fuels, no storage of materials, or machinery, no parking of vehicles, no fires.

Reason: To ensure the protection of trees identified for retention at the site. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

11. Hours of work (construction)

Demolition or construction works shall not take place outside the following hours:

7:30am to 6:00pm Mondays to Fridays;

8:30am to 1:00pm Saturdays;

nor at any time on Sundays or Bank Holidays.

Reason: To safeguard the living conditions of adjacent occupiers in accordance with Policy CS14 of the West Berkshire Core Strategy 2006-2026.

12. Piling

No piling shall take place until details of the type of piling to be used has been submitted to and approved in writing by the Local Planning Authority.

Reason: To safeguard the amenities of adjoining land uses and occupiers. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS14 of the West Berkshire Core Strategy (2006-2026).

13. Parking and Turning

The dwelling shall not be occupied until the vehicle parking and turning space have been surfaced, and provided in accordance with the approved plans. The parking and 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).

14. Gradient of Private Drives

The gradient of private drives shall not exceed 1 in 8 or, where buildings are likely to be occupied by the mobility impaired, 1 in 12.

Reason: To ensure that adequate access to parking spaces and garages is provided. 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).

15. Gate Set Back

The gates to be provided at access where vehicles will enter or leave the site, shall open away from the adjoining highway and be set back a distance of at least 5 metres from the edge of the highway.

Reason: In the interest of road safety and to ensure that vehicles can be driven off the highway before the gates are opened. 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).

16. Wildlife protection

At all times during the construction of the dwelling when works is not taking place all unfilled excavations created during construction shall either be:

Completely covered by solid materials, or

Have a rough sawn plank place in the then.

Reason: To ensure the protection of wildlife. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS17 of the West Berkshire Core Strategy (2006-2026).

17. Shed Location

No works to the shed shall take place until details of the proposed location of the shed within the red line has been submitted to and approved in writing by the Local Planning Authority. This condition shall apply notwithstanding any indications to these matters which have been given in the current application.

Reason: In the interests of visual amenity. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

18. PD Rights Windows

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order), no windows/dormer windows (other than those expressly authorised by this permission) which would otherwise be permitted by Schedule 2, Part 1, Classes A, B and/or C of that Order shall be constructed at first floor floor level on the east and west (side) elevations of the dwelling hereby permitted, without planning permission being granted by the Local Planning Authority on an application made for that purpose.

Reason: In the interests of the privacy and amenity of neighbouring properties. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS14 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (2006) and Supplementary Planning Guidance 04/2 House Extensions (July 2004).

Informatives

1.       NPPF

This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development. In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

2.       Community Infrastructure Levy (CIL)

The development hereby approved results in a requirement to make payments to the Council as part of the Community Infrastructure Levy (CIL) procedure. A Liability Notice setting out further details, and including the amount of CIL payable will be sent out separately from this Decision Notice. You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the authority prior to the commencement of the development. Failure to submit the Commencement Notice will result in the loss of any exemptions claimed, and the loss of any right to pay by instalments, and additional costs to you in the form of surcharges. For further details see the website at www.westberks.gov.uk/cil

3.       HI 3 Damage to footways, cycleways and verges

The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

4.       HI 4 Damage to the carriageway

The attention of the applicant is drawn to the Highways Act, 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

5.       Wildlife enhancement

The applicant is advised that the opportunity should be taken to introduce bio and geo diversity enhancements such as the introduction of bat boxes and swift boxes within the house design/garden