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Agenda item

Application No. and Parish: 16/02452/FULD and 16/02453/LBC2, Manor Farm, Fidlers Lane, East Ilsley, RG20 7LG

Meeting of Western Area Planning Committee, Wednesday, 17th May, 2017 6.30 pm (Item 5.(4))

Proposal:	Conversion of existing stables to C3 residential and erection of new build C3 residential (creation of 7 units in total), with associated access, parking and hard and soft landscaping.
Location:	Manor Farm, Fidlers Lane, East Ilsley RG20 7LG.
Applicant:	Maxted Farm Partnership
Recommendation:	16/02452 To DELEGATE to the Head of Development and Planning to APPROVE planning permission subject to the conditions set out in section 8.1 of this report. 16/02453 To DELEGATE to the Head of Development and Planning to GRANT listed building consent subject to the conditions set out in section 8.2 of this report.

Minutes:

1. (The meeting was adjourned between 8.12pm and 8.17pm.)

2. (Councillor Hooker declared a personal interest in Agenda Item 4(4) by virtue of the fact that he was ward Member and had been lobbied. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter. However, he would vacate the chair for the item and Councillor Paul Bryant would take his place.)

(Councillor Paul Bryant in the Chair)

3. The Committee considered a report (Agenda Item 4(4)) concerning Planning Applications 16/02452/FULD and 16/02453/LBC2 in respect of a conversion of existing stables to C3 residential and erection of new build C3 residential (creation of 7 units in total), with associated access, parking and hard and soft landscaping at Manor Farm, Fidlers Lane, East Ilsley, RG20 7LG.

4. In accordance with the Council’s Constitution, Mr Roger Hick, Parish Council representative, Mr Simon Spencer, objector, Mr James Page, supporter and Mrs Sara Dutfield, agent, addressed the Committee on this application.

5. Mr Hick in addressing the Committee raised the following points:

· The Parish Council supported the application.

· He posited the background of the application. The site had extant consent for commercial buildings, however this had raised great concern within the village due to the increase traffic flow this would cause. Following the approval, the Parish Council had approached the applicant and asked if they would consider a residential scheme on the site. This would remove all concerns and would be beneficial to the village.

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

· He lived in No. 3 Sheepdown, which was adjacent to the site and was concerned with the boundary with his property and how this would be affected by the change of use. There would need to be a change of level from the paddock to the roadway. He asked that a condition be put in place for the boundary treatment, to construct a retaining wall.

· In the previous application there had been provision made for such a wall, but in this proposal there was only an agreement for appropriate treatment of the boundary. He felt that the reduction in ground level and change of use should be taken into account and a retaining wall be conditioned.

7. Councillor James Cole noted that No. 2 Sheepdown had an existing retaining wall. He asked what type of boundary treatment was in place for No.3 Sheepdown. Mr Spencer replied that he had a fence. He reiterated that when the levels were reduced the existing retaining wall would need to be refigured, but this had not been specified in the conditions.

8. Mr Page in addressing the Committee raised the following points:

· He was a commercial property specialist in the Thames Valley and had been involved with the previous application at the behest of the Parish Council.

· The objection to the previous application had been on the grounds of increased traffic, which had been addressed by the new proposal.

· The square footage was the same as the commercial scheme, but the difference was that for a flat there would an expectation of an additional one or two vehicles, whereas the same footage of office space would result in eight to ten vehicles.

· The use of the land for residential properties was significant for the village, as it fulfilled a need for housing for employees of the yard and the public house.

· The fear was that if this application were to be refused, the applicant would revert to the extant, commercial application and this would be a much poorer outcome for the village.

9. Mrs Dutfield in addressing the Committee raised the following points:

· She clearly welcomed the recommendation to approve and the support of the Parish Council and Mr Page.

· The extant proposal for conversion of the stable was needed to protect the listed stable building and ensure its viable use.

· There was strong local objection to the commercial scheme and it was felt that this new scheme was better for the village.

· She felt that the only impact would be on the adjoining properties. After consultation, it had been decided not to use gravel for the car park.

· The land level would be reduced by up to 1.2m. The retaining wall would be kept, with an addition of separate timber fencing.

· This was a high quality design development. As the residential scheme would be more expensive than the commercial one it would not be viable to provide affordable housing units. Evidence for this has been submitted. However, there would be Community Infrastructure Levy (CIL) payments.

· The site would provide small, rental units. If these were sold within ten years, there was a ‘clawback’ clause in place.

· She felt this was a better solution for the village.

10. Councillor Anthony Pick asked if the agent would be prepared to consider a retaining wall for Mr Spencers’ property. Mrs Dutfield answered that space was needed for the car park and that this might preclude the extra room needed for footings for the retaining wall, but she was happy to look into it.

11. Councillor Adrian Edwards enquired if the new buildings would have the same quality of design and materials as the existing ones. He also wondered if the old tyres that he saw on the site visit were being stored ready for use on the listed building. Mrs Dutfield confirmed that they would. Councillor Edwards further asked for confirmation if sprinklers would be installed in the units. Mrs Dutfield confirmed that this would be a matter for Building Regulations, but again she would be happy to look at it with an eye to viability and the whole scheme in the round.

12. Councillor Garth Simpson queried the change in levels over the site and in relation to Mr Spencers’ property. Derek Carnegie advised that there would be an investigation by a structural engineer and appropriate conditions put in place.

13. Councillor Pick asked for reassurance that as the manor house had historical significance and medieval components, that there would be an archaeological investigation of the curtilage. Mrs Dutfield confirmed that this was the case.

14. Councillor Clive Hooker, as ward Member, in addressing the Committee raised the following points:

· He felt this was a sympathetic renovation of a grade II listed barn that would provide small scale, affordable, rental accommodation.

· It was an opportunity for the racing stables to accommodate staff, others to move into the village and locals to find an affordable home.

· There were objections due to concerns of overlooking of the car park area, but he felt these were negated by the excavation of that area.

· The concerns about the extant application over traffic and been addressed and cleared.

· He felt it was an attractive, well designed and much needed scheme.

15. Councillor Jeff Beck had been on the site visit and felt that the problems from the previous application had been dealt with. He proposed to approve the application, in accordance with Officer recommendations, with the inclusion of the addition condition as laid out in the update report. This was seconded by Councillor Edwards.

16. The Chairman invited the Members to vote. At the vote, Members voted unanimously in favour of the proposal.

17. Councillor Beck proposed to approve the listed building consent, in accordance with Officer recommendations. This was seconded by Councillor Pick.

18. The Chairman invited the Members to vote on the listed building consent. At the vote, Members voted unanimously in favour of the proposal.

19. RESOLVED that the Head of Development and Planning be authorised to grant planning permission and listed building consent subject to the following conditions (including the additional condition on Spoil shown in the update report)

Conditions

1. Time Limit

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

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

2. Plans Approved

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

Site Location Plan 419 Rev B (site location plan only)

Proposed Site Plan 419 Rev G (received by e-mail dated 21st February 2017)

Proposed Site Layout and Ground Floor Plan 417 Rev G (received by e-mail dated 21st February 2017)

Proposed First Floor Plan 418 Rev B

Proposed Elevations (north and south) 415 Rev E (received by e-mail dated 9th November 2016)

Proposed Elevations (east and west) 416 Rev F (received by e-mail dated 9th November 2016)

Proposed Stables Elevations 104

Proposed Stables Floor Plans 120

Associated Documents and Background Documents

Stables Existing Floor Plans 100

Stables Existing Elevations 101

Stables Existing Floor Plan with Impact 103

Proposed Drainage Layout 420

Planning Statement September 2016 (Turley)

Design & Access Statement and Heritage Statement September 2016.

Transport Statement (Bellamy Roberts (GDB/4898/TS.2) August 2016 and further tracking details etc received during consideration

Supplementary Bat Surveys (arbeco) 15th January 2015 and 8th November 2016(by e-mail 18th November 2016)

Noise Impact Statement (REC) 14th December 2016 (received by e-mail dated 19th December 2016)

All received with the application validated on 16th September 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, 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, and HSA DPD Policy HSA27.

3. 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 (including new external staircases) 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).

4. 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.

5. Housing for rent

The development hereby approved shall be retained in a single ownership (presently Maxted Farms) and the dwellings shall be retained as private sector rented dwellings for a period of 10 years following the occupation of the first two dwellings. The local planning authority shall be advised in writing of the effective date within two months of that date. Should any of the dwellings be sold prior to this time it will be necessary to carry out a viability review to establish whether an off-site affordable housing contribution is required. This will be submitted to and agreed in writing by the local planning authority. Any contribution will be secured through a legal agreement or any other mechanism used by the local planning authority to secure financial contributions at the time of the application.

Reason: This application has been carefully assessed based on the details provided by the applicant and merits of the proposal. The provision of private sector rented dwellings will provide dwellings available for rent to the mobile intermediate market, increasing the tenure of dwellings within the locality and wider district, which will help to meet local housing need. In accordance with West Berkshire Local Plan 2006-2026 Policy CS6 and advice contained within the NPPF and NPPG.

6. 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.

7. 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 controlled discharge from the site 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 (if applicable);

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 and retained 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.

8. 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

(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).

9. Additional 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. The road and footpath design should be to a standard that is adoptable as public highway. 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 and 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).

10. HIGH3 - Footway/cycleway provision (details) (YHA11)

No development shall take place until details of a 2 metre wide footway to be constructed on the south side of Sheepdown, between no.5 and the proposed turning head, have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the footway has been provided in accordance with the approved scheme and any statutory undertaker's equipment or street furniture located in the position of the footway has been re-sited to provide an unobstructed footway.

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).

11. 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).

12. 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).

13. 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).

14. Archaeology

No development/site works/development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved statement.

Reason: To ensure that any significant archaeological remains that are found are adequately recorded. In accordance with Policy CS19 of the West Berkshire Core Strategy and advice contained within the NPPF.

15. 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 and means of enclosure (and materials to be used), a schedule 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:

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

b) 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;

c) The completion of all hard surfacing and means of enclosures, 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.

16. 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.

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.

17. External Lighting

No development shall take place until details of the external lighting to be used in the areas around and attached to the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved scheme before any building hereby permitted is occupied. No other external lighting shall be installed except for that expressly authorised by the approval of details as part of this condition without the prior approval in writing of the Local Planning Authority by way of a formal planning application made for that purpose. The approved external lighting shall thereafter be retained. No external lighting will illuminate the bat roost access points provided as part of the bat mitigation scheme.

Reason: The Local Planning Authority wish to be satisfied that these details are satisfactory, having regard to the setting of the development and to protect the amenities of adjoining land uses, protected species and the character of the area with dark night skies. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

18. Bat Roost

No development shall commence until detailed drawings showing the location of the new bat access points to the dedicated bat loft space over the farm office and the location of the lifted roof tiles as described in the Manor Farm supplementary survey for bat mitigation dated 15th January 2015 by ARBECO Ltd and drawings showing the proposed locations of the 2 Schwegler woodcrete 1FF and 2 Schwegler woodcrete 1FE bat boxes as described in the Preliminary Ecological Assessment and Bat Survey report dated 19th June 2014 by ARBECO Ltd, have been submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved details before the buildings hereby permitted are occupied and the roosts created hereafter retained.