Agenda item

Proposal:	Outline application for erection of 11 dwellings with associated access, car parking, landscaping and sustainable drainage infrastructure. Matters to be considered: Access and Layout.
Location:	Land East Of Laylands Green and South Of Craven Close, Kintbury
Applicant:	Donnington New Homes.
Recommendation:	The Head of Development and Planning be authorised to APPROVE Outline Planning Permission subject to conditions.

 

(No declarations were received.)

1.    The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 16/02191/OUTMAJ in respect of an outline application for erection of 11 dwellings with associated access, car parking, landscaping and sustainable drainage infrastructure. Matters to be considered: Access and Layout at land east Of Laylands Green and south of Craven Close, Kintbury.

2.    In accordance with the Council’s Constitution, Mr Steven Cook, Parish Council representative, Mr Lee Coleman, objector, and Mr Philip Simmons and Ms Lisa Jackson, agents, 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. In conclusion the report detailed that the proposal was acceptable and a conditional approval was justifiable. Officers recommended the Committee grant planning permission.

4.    Mr Cook in addressing the Committee raised the following points:

·         His primary concern was the landscape buffer bordering Villa Real which was proposed to be reduced to 10ft from 20ft.

·         He was also concerned that mature trees may be removed from the border of the site.

·         Should the landscape buffer zone fall within the curtilage of the proposed 11 properties, there might be a risk that future residents would cut these back.

·         The development would have a harmful impact on the traffic in Kintbury which was already a problem.

·         The site had issues with flooding and there was subsidence in the local area.

·         Kintbury residents were concerned about the cumulative impact of the delivery of this site, the other two Kintbury sites in the Housing Sites Allocation Development Plan Document (HSA DPD) plus an additional site owned by Donnington New Homes with extant planning permission which had not yet been delivered.

5.    Councillor Anthony Pick noted that he had encountered traffic on his journey to the site visit and enquired what parking restrictions were used in Kintbury. Mr Cook responded that there were double yellow lines around the village shops and on corners but no additional restrictions.

6.    Mr Coleman, in addressing the Committee, raised the following points:

·         The delay in the determination of the application demonstrated that the site was not appropriate for development.

·         There was no need for more housing in Kintbury.

·         The DPD provided a strong basis for delivery of the site however the Inspector applied conditions following the Examination of the DPD which must be followed.

·         The landscape buffer zone would run through plots one to seven.

·         The plans used by officers in their introduction to the Committee were misleading and gave the appearance that there would be more vegetation than was proposed.

·         National guidance stated that private gardens should not include landscape buffer zones unless it was outlined in the DPD and there was no mention of this in HSA27 (the DPD policy relating to the site).

·         The plans showed incorrect boundaries between the existing properties and Laylands Green. The property owners Land Registry documents demonstrated that they owned the land the road was on.

·         The road was narrow and could be dangerous if it was used by more vehicles.

7.    Councillor Paul Bryant asked what evidence there was that Kintbury did not require more housing. Mr Coleman responded that the original proposal in the DPD was for 15 houses and now there were a proposed 30-40 houses.

8.    Councillor James Cole enquired what the current landscape buffers were. Mr Coleman explained that they were four to five metre wide including various vegetation and a drainage ditch. They offered screening, drainage and biodiversity. Council James Cole further asked what buffer Mr Coleman thought would remain should the Committee grant the application. Mr Coleman stated that he believed there would be small hedgerows in the gardens of the properties which might be removed by future residents.

9.    Mr Simmons (Land Manager for Donnington New Homes) and Ms Jackson (Planning Consultant), agents, in addressing the Committee raised the following points:

·         They noted the concerns raised by the objectors at the site visits in relation to the landscape buffer which was a mixture of low quality vegetation. The applicant proposed to retain a 4-5m buffer.

·         The landscape buffer would be within the curtilage of plots one to four; ownership of these plots would transfer to a Registered Social Landlord upon completion of the development.

·         Members would have control of the landscaping at the reserved matters stage of the application.

·         The DPD was a key consideration now that it had been adopted by the Council on 9 May 2017. There were no Planning Policy objections to the application.

·         The plan submitted as part of the DPD was not definitive and not intended to be taken literally.

·         There would be a Sustainable Urban Drainage System (SUDS) in the development and there were no technical objections to the application.

·         There would inevitably be a loss of vegetation on the site but this had been deemed acceptable to the expert officers.

·         Delivery of this site would enable delivery of the other site in Kintbury owned by Donnington New Homes because the two developments could share a project manager and disturbance to residents would be minimised.

10.Councillor Pick requested more information regarding the SUDS system. Mr Simmons advised that there would be water collection tanks underneath the parking areas for each property and a swale between plots five and six.

11.Councillor James Cole asked how much of the four to five metres of landscape buffer would be within the curtilage for the proposed properties. Mr Simmons advised that the buffer would be in the same location as indicated in the plans. Councillor James Cole expressed concern that the buffer could be removed by the residents. Mr Simmons advised that there would be a management plan that the Council could control if it wished. Plots one to four would be transferred to a Registered Social Landlord who would be responsible for ensure their tenants did not remove the landscape buffer.

12.Councillor James Cole further asked who owned and would manage the woodland to the East of the site. Mr Simmons advised that this would transfer to a management company or the Council could adopt the land. Derek Carnegie advised that as the woodland was within the red line of the development a condition could be applied at the reserved matters stage.

13.Councillor Bryant asked whether the section of road on the eastern side of the side would belong to plot eight. Mr Simmons advised that it was presently used for agricultural access and further thought was required.

14.Councillor Bryant asked if there was subsidence in the site. Mr Simmons advised that the developer had conducted a ground investigation and were confident that they could deliver suitable foundations to prevent subsidence.

15.Councillor Bryant noted that Royal Berkshire Fire and Rescue Service had recommended domestic sprinklers and enquired whether they would be installed. Mr Simmons advised that the developer would give consideration to this request.

16.Councillor Garth Simpson pointed out inconsistencies in the report relating to the number of mature trees on the site and asked how many there were. Mr Simmons admitted that he could not remember but the Council’s Tree Officer had been involved in assessing the application. Councillor James Cole asked how many mature trees would be removed; Mr Simmons advised that the only tree to be removed would be the tree in the centre of the site.

17.Councillor James Cole, speaking as Ward Member, raised the following points:

·         His fellow Ward Member, Councillor Anthony Stansfeld was against the proposed development and was of the view that it was not in line with the DPD.

·         Councillor James Cole’s primary concerns were regarding the effectiveness of the landscape buffer and preservation of trees and these had been somewhat resolved by the information presented to the Committee.

18.Councillor Bryant asked whether a condition could be applied regarding the scale and maintenance of the landscape buffers. Derek Carnegie advised that such a condition could only be applied at the reserved matters stage. The Council had powers to control the buffer zones, which would in any event come under the ownership of a Registered Social Landlord. He reassured the Committee that officers would not recommend approval of the application if they were not confident the buffer would be maintained.

19.Councillor Clive Hooker expressed the view that developers who had submitted sites for inclusion in the DPD had had time to clarify ambiguities in their plans.

20.Councillor Hilary Cole asked whether the plans in the DPD were scaled. Derek Carnegie confirmed they were only indicative.

21.Councillor Pick asked what impact the development would have on traffic and whether yellow lines could be extended. Paul Goddard acknowledged that Kintbury had congestion and referred to paragraph 32 in the National Planning Policy Framework which stated that it was only reasonable to turn down an application on highways grounds if the impact would be severe as it was relatively small. He advised that the impact of the development would not be severe. The Parish Council might wish to consider additional road safety measures such as yellow lines, if possible, in liaison with colleagues in traffic management. There is a separate process involved in applying yellow lines.

22.Councillor James Cole noted that the Council had declined yellow lines in another part of Kintbury. He further asked who owned the land on which the footway would be sited. Paul Goddard advised that while the land might belong to the property owners, the surface had public highway rights and it was the Highways Authority’s right to maintain the verge and provide a footway. Councillor James Cole enquired upon the proposed width of the footway. Paul Goddard advised that it would need to be at least 1.5m wide but he would not want the footway so wide as to make the area look too urban.

23.Councillor Bryant stated that as the site was included in the now adopted DPD, the Committee must accept that there would be development on the site. He was now satisfied with the increased landscape buffer to border Villa Real and officers had provided assurances regarding the enforcement issues. Councillor Bryant stated that he could not see any reasons to refuse the application and proposed that the Committee accept the officers’ recommendation to approve the application subject to the conditions as outlined in the report and amended in the update sheet. Councillor Adrian Edwards seconded the proposal.

24.Councillor Hilary Cole stated that as a Committee, they must support the Council’s policies. Members had been part of the DPD process and the Inspector had accepted the site as it was presented. It was the Government’s intention that for sites in future DPDs, planning permission should be assumed to have been granted. She wanted to send a strong message to developers that officers and Members would look closely at any DPD sites coming forward for determination but it would be foolish to refuse the application.

25.The Chairman invited the Committee to vote on Councillor Bryant’s proposal, seconded by Councillor Edwards, to approve planning permission. At the vote the motion was carried.

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

Conditions

1. Time limit

The development to which this permission relates shall be begun before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of the approved matters to be approved, whichever is the later.

Reason:   To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. Reserved Matters

Details of the appearance, landscaping, and scale (hereinafter called 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority no later than the expiration of three years beginning with the date of this permission, and no building or other operations shall start on site until the Reserved Matters have been approved in writing by the Local Planning Authority.  Thereafter the development shall be carried out in strict accordance with the approved details and with the requirements of any conditions attached to any approved reserved matters application.  This condition shall apply irrespective of any indications as to the reserved matters which have been given in the application hereby approved.

Reason:   To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). The application is not accompanied by sufficient details of the reserved matters to enable the Local Planning Authority to give proper consideration to those matters and such consideration is required to ensure that the development is in accordance with the development plan.

3. Plans approved

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

Site Location Plan         BFR 102 Rev B

Existing Site Plan BFR 101 Rev A                            

Proposed Site Layout 15128.04 Rev N

Proposed Landscape Mitigation and Enhancement ACLA/BFR 04 Rev A (indicative)

All received by e-mail dated 8^th March 2017

Associated Documents and Background Documents

Site Survey 1638 01 dated 6^th April 2016

Context Plan 15128.14

Site Section (plots 3, 4, 5, 7) 15128.15 (received by e-mail dated 8^th March 2017)

Planning, Design and Access Statement, Jackson Planning 043 16 August 2016

Arboricultural Survey and Arboricultural Impact Assessment RT-MME-121281 01 Rev D (revised May 2017)(received by e-mail dated 3^rd May 2017)

Landscape and Visual Impact Assessment (ACLA/BFR 6^th March 2017) (received by e-mail dated 8^th March 2017)

Flood Risk Assessment and Preliminary Surface Water Drainage Strategy16-018 July 2016

Flood Risk Assessment 16-018 Addendum (received by e-mail dated 8^th March 2017)

Phase I Preliminary Ecological Assessment RT-MME-121281 02 February 2016

Middlemarch Environmental Addendum dated 25^th April 2017 (received by e-mail dated 26^th April 2017).

Reptile Survey RT-MME-122054-01 April 2016

GCN Survey RT-MME-121281-03 May 2016

Herpetofauna Mitigation RT-MME-122498-01 July 2016

Archaeological Report (Thames Valley Archaeological Services)(LGK16/95)

Phase 1 & 2 Environmental & Geotechnical Investigation 3794/15

Aerial Image Context Plan (ACLA BFR 05) (received by e-mail dated 8^th March 2017)

All received with the application validated on 16^th August 2016 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, CS13, CS14, and CS19 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, and HSA DPD Policy HSA27.

4. Materials

No development shall take place until a schedule of the materials to be used in the construction of the external surfaces of the buildings and hard surfaced areas hereby permitted has 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 external materials are visually attractive and respond to local character AONB and Conservation 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).

5. Hours of work (construction)

The hours of work for all contractors for the duration of the site development shall unless otherwise agreed by the Local Planning Authority in writing be limited to:

7.30 am to 6.00 p.m. on Mondays to Fridays 8.30 am to 1.00 p.m. on Saturdays and NO work shall be carried out 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.

6. Affordable Housing

No development shall take place until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces it.

The scheme shall include:

i)             the provision of four dwelling houses, identified as plots 1, 2, 3 and 4 on the approved plans, which consists of 40% of the proposed dwellings;

ii)            the type and size;

iii)           the tenure shall be split 70% social rented (and 30% intermediate (which may include affordable rented) or other split as agreed by the RSL and local planning authority;

iv)           the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing;

v)            the arrangements for the transfer of the affordable housing to a Registered Provider regulated by the Homes and Communities Agency (HCA) or any body that replaces it;

vi)           the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing, including arrangements where appropriate for the subsidy to be recycled for alternative affordable housing provision;

vii)         the occupancy criteria to be used for determining the identity of occupiers of the affordable housing (in accordance with the common housing register) and the means by which such an occupancy criteria shall be enforced;

viii)        the affordable homes to be built to the standards by the HCA at the time of development.

The affordable housing provided shall remain affordable on site thereafter.

Reason: To ensure that the site delivers affordable housing to meet local need. In accordance with West Berkshire Local Plan 2006-2026 Policy CS6 and advice contained within the NPPF and NPPG.

7. Full Contaminated Land Condition

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 conditions 1 to 4 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.

1. 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,

• groundwaters 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’.

2. 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.

3. 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.

4. 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:

5. 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 accordance with Policy CS14 of the West Berkshire Core Strategy (2006-2026) and advice set out within the NPPF.

8. SuDS

Notwithstanding the details submitted with this application, no development shall commence until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority. 

These details shall:

a)    Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with the Non-Statutory Technical Standards for SuDS (March 2015), the SuDS Manual C753 (2015) and West Berkshire Council local standards;

b)    Include and be informed by a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels;

c)     Include attenuation measures to retain rainfall run-off within the site and allow discharge from the site to an existing watercourse at no greater than Greenfield run-off rates;

d)    Include construction drawings, cross-sections and specifications of all proposed SuDS measures within the site;

e)    Include run-off calculations, discharge rates, infiltration and storage capacity calculations for the proposed SuDS measures based on a 1 in 100 year storm +30% for climate change;

f)     Include pre-treatment methods to prevent any pollution or silt entering SuDS features or causing any contamination to the soil or groundwater;

g)    Ensure any permeable paved areas are designed and constructed in accordance with manufacturers guidelines.

h)   Include details of how the SuDS measures will be maintained and managed after completion.  These details shall be provided as part of a handover pack for subsequent purchasers and owners of the property/premises;

i)     Include a management and maintenance plan for the lifetime of the development.  This plan shall incorporate arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a residents’ management company or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime;

j)      Apply for an Ordinary Watercourse Consent  in case of surface water discharge into a watercourse (i.e stream, ditch etc)

The above sustainable drainage measures shall be implemented in accordance with the approved details before the dwellings are first occupied or in accordance with a timetable to be submitted and agreed in writing with the Local Planning Authority as part of the details submitted for this condition.  The sustainable drainage measures shall be maintained and managed in accordance with the approved details thereafter.

Reason:   To ensure that surface water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can be, and is carried out in an appropriate and efficient manner.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), and Part 4 of Supplementary Planning Document Quality Design (June 2006).  A pre-condition is necessary because insufficient detailed information accompanies the application; sustainable drainage measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

9. CONS1 - Construction method statement

            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).

10. Variation HIGH1 - Layout and Design Standards (YHA1)

The detailed layout of the site shall comply with the Local Planning Authority's standards in respect of road and footpath design and vehicle parking and turning provision and the Developer to enter into a S278/S38 Agreement for the adoption of the site and construction of the extended footway along Layland’s Green. This condition shall apply notwithstanding any indications to these matters which have been given in the current application.

Reason: In the interest of road safety, pedestrian safety, flow of traffic and to ensure waste collection.  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).

11. Access Condition

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: To ensure that the access(es) into the site are constructed before the approved buildings 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).

12. HIGH9 - Visibility splays before development (YHA21)

No development shall take place until visibility splays of 2.4 metres by 43 metres have been provided at the access.   The visibility splays shall, thereafter, be kept free of all obstructions to visibility above a height of 0.6 metres above carriageway level.

Reason: In the interests of road 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).

13. HIGH12 – Parking/turning in accord with plans (YHA24)

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).

14. HIGH23 – variation (car ports)

Irrespective of the provisions of The Town and Country Planning (General Permitted Development) Order 2015, the car ports on the site shall not be used for any purpose other than as vehicle parking, no doors are to be added to enclose the car ports unless permission has been granted by the Local Planning Authority as a result of an application being submitted for that purpose.

Reason:  To ensure that the car ports are kept available for vehicle parking in the interest of road safety.  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 Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

15. HIGH20 - Cycle storage (YHA41)

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).

16. Storage of refuse

No development shall take place until details of the provision for the storage of refuse and recycling materials for the dwellings has been submitted to and approved in writing by the Local Planning Authority.  The dwellings shall not be occupied until the refuse and recycling 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).

17. Landscaping (including hard surface/means of enclosure)

No development shall take place (including site clearance and any other preparatory works) until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  The details shall include the treatment of hard surfacing, means of enclosure and materials to be used, a schedules of plants (noting species, plant sizes and proposed numbers/densities), an implementation programme, and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.  The scheme shall ensure:

i)     completion of the approved landscaping within the first planting season following the completion of the development;

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

iii)   The completion of all hard surfacing and means of enclosures, for each dwelling before first occupation.

Thereafter the approved scheme shall be implemented in full.

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy July 2006-2026.

18. Landscape Management Plan

No development or other operations shall commence on site until a landscape management plan (for the lifetime of the development) including long term design objectives, management responsibilities and maintenance schedules for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority.   The plan shall include any areas of existing landscaping including woodlands, boundary buffer zones within rear gardens, and also include any areas of proposed landscaping except areas of new landscaping in private domestic gardens.

Reason: To ensure the long term management of existing and proposed landscaping in accordance with the objectives of the NPPF  and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

19. Tree Protection (scheme submitted)

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(s) numbered plan C121281-01-03_Rev D (shown in the AIA document) . Within the fenced area(s), there shall be no excavations, storage of materials or machinery, parking of vehicles or fires.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of  the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

20. Tree Protection Construction Precautions

No development or other operations shall commence on site until details of the proposed access, hard surfacing, drainage and services providing for the protection of the root zones of trees to be retained has been submitted to and agreed in writing by the local planning authority.

Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.           

21. Arboricultural Method Statement

No development or other operations shall commence on site until an arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority and shall include details of the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area.

Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

22. Arboricultural Watching Brief

No development shall take place (including site clearance and any other preparatory works) until the applicant has secured the implementation of an arboricultural watching brief in accordance with a written scheme of site monitoring, which has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

23. Arboricultural Programme of Works

No development or other operations shall commence on site until a detailed schedule of tree works including timing and phasing of operations has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of  the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

24. External lighting

No external lighting shall be erected until full details of a sensitive lighting strategy have been submitted to and agreed in writing by the local planning authority. The strategy shall;

a) Identify those areas on the site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites or resting places or important routes used to access key areas of their territory, for example for foraging; and

b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy. No other external lighting shall be installed without prior consent from the local planning authority.

Reason:  To ensure the protection of protected species, which are subject to statutory protection under European Legislation and to protect the dark night skies within the AONB.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.

25. Ecology

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

i)     Phase I Preliminary Ecological Assessment RT-MME-121281 02 February 2016

ii)    Middlemarch Environmental Addendum dated 25^th April 2017 (received by e-mail dated 26^th April 2017).

iii)   Reptile Survey RT-MME-122054-01 April 2016

iv)   GCN Survey RT-MME-121281-03 May 2016

v)    Herpetofauna Mitigation RT-MME-122498-01 July 2016

vi)   Landscape Mitigation and Enhancement ACLA/BFR 04 Rev A (indicative)

Further details of the proposed Landscape Mitigation and Enhancement shall be submitted and agreed in writing by the local planning authority, as part of conditions attached to this permission.

The mitigation measures will be carried out in full and retained/maintained thereafter, with implementation and timing agreed as part of the required EPS licence process.

Reason:  To ensure the protection of protected species, which are subject to statutory protection under European Legislation.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS17 of the West Berkshire Core Strategy 2006-2026.

26. Removal of permitted development rights (extensions etc).

Irrespective of the provisions of the current Town and Country Planning (General Permitted Development) Order 2015  (or any subsequent revision), no additions or extensions to the dwellings shall be built or ancillary buildings or structures erected within the curtilages, unless permission in writing has been granted by the Local Planning Authority on an application made for the purpose.

Reason: To prevent the over-development of the site and to safeguard the amenities of neighbouring properties in accordance with Policies CS14, CS17, CS19 of the West Berkshire Core Strategy 2006-2026 and HSA DPD Policy HSA27.

27. Removal of permitted development rights.

Irrespective of the provisions of the current Town and Country Planning (General Permitted Development) Order 2015  (or any subsequent revision), no walls or fences shall be erected beyond the front wall or along side boundaries adjacent to the highway/footway, unless permission in writing has been granted by the Local Planning Authority on an application made for the purpose.

Reason: In the interests of amenity and character of the area, within the AONB and at the edge of a settlement. In accordance with Policies CS14, CS17, CS19 of the West Berkshire Core Strategy 2006-2026 and HSA DPD Policy HSA27.

28. HIGH4 - Footway/cycleway provision (construct) (YHA11A)

No dwelling shall be occupied until the footway to be constructed on the eastern side of Laylands Green, between the proposed site vehicular access and the existing footway to the north has been constructed in accordance with the approved drawing(s) and any statutory undertaker's equipment or street furniture located in the position of this footway has been re-sited to provide an unobstructed footway/cycleway.

Reason: In the interest of road safety and to ensure adequate and unobstructed provision for pedestrians and/or cyclists. 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).

Informatives:

1. The 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

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 with the Reserved Matters 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 1 Access construction

The Highways Manager, West Berkshire District Council, Highways & Transport, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 519887, should be contacted to agree the access construction details and to grant a licence before any work is carried out within the highway.   A formal application should be made, allowing at least four (4) weeks’ notice, to obtain details of underground services on the applicant’s behalf.

4. 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.

5. 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.

6. HI 8 Excavation in close proximity to the highway

In order to protect the stability of the highway it is advised that no excavation be carried out within 15 metres of a public highway without the written approval of the Highway Authority.

7. H 100 Developer Coordination Requirements

Any works/events carried out either by, or at the behest of, the  developer, whether they are located on, or affecting a prospectively maintainable highway, as defined under Section  87 of the New Roads and Street Works Act 1991, or on or affecting the public highway, shall be coordinated under the requirements of the New Roads and Street Works Act 1991 and the Traffic management Act 2004 and licensed accordingly in order to secure the expeditious movement of traffic by minimising disruption to users of the highway network in West Berkshire.

Any such works or events commissioned by the developer and particularly those involving the connection of any utility to the site, shall be coordinated by them in liaison with West Berkshire Council's Street Works Section, (telephone 01635 519169/519234). This must take place at least one month in advance of the works and particularly to ensure that statutory undertaker connections/supplies to the site are coordinated to take place wherever possible at the same time.

 In order to minimise disruption to road users, be they pedestrians or vehicular traffic, under the requirements of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004. In order to satisfy the licensing requirements of the Highways Act 1980.

8. Ecology

The developer must ensure that all necessary licences required in respect works affecting protected species are secured before development commences, or within the timescale set out within the licence.