Agenda item

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application No. 10/02308/FUL in respect of the construction of a new 3 bedroom detached dwelling house.

The Planning Officer in introducing the report stated that the application site was largely located within Reading Borough and the application sought full planning permission for the construction of a new 3 bedroom detached dwelling to the rear of the existing property which fronted onto and was accessed from Ullswater Drive. It was only the north-west corner of the site which fell within the West Berkshire district. A parallel application comprising the same detail and plans was therefore also being considered by Reading Borough Council on the same evening and Officers at Reading were also recommending approval. The Planning Officer advised that to make a determination based on development outside of the West Berkshire District would be ultra vires and consequently the application should only be determined in so far as it related to West Berkshire. The Chairman agreed that both items relating to 154 Overdown Road would be discussed jointly but that there would be two separate votes.

There were no speakers present at the meeting to address the Committee on this application.

In considering the above application Members queried what would happen if West Berkshire disagreed with Reading Borough Council on the determination of the application. The Planning Officer replied that an informative would be included on the West Berkshire decision notice which stated that it should be read in conjunction with the decision notice from Reading Borough Council. If West Berkshire refused the application then the site would have to be accessed from land in the ownership of Reading Borough Council and any refusal would need to be defended at appeal. Members were also advised that the applicant would have planning permission in relation to the Reading side of the site but not the West Berkshire side of the site so would be unable to fully implement the decision as intended

Discussion also took place on which authority would receive the Council Tax when the boundary crossed the site as this happened on numerous occasions throughout the district and that difficulties had also been encountered in trying to secure Section 106 contributions in similar circumstances. It was noted that bin collection would be provided from the host authority that collected the Council Tax. In respect of s106 contributions for Education Members felt that West Berkshire should receive a contribution as many of the children in the Reading Borough Council area attended West Berkshire Schools and they hoped that contributions would be sought in a more robust manner in the future.

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

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); to enable the Local Planning Authority to review the desirability of the development should it not be started within a reasonable time.

2.         Plans

The development hereby permitted shall not be carried out except in complete accordance with drawing numbers: 11151-02C, 11151-05A and 11151-06A received on 28 September 2010; 11151-04C and 11151-07 received on 18 October 2010; 11151-08 received on 21 October 2010; and 111-01D and 11151-09 received on 2 November 2010, unless otherwise agreed in writing by the Local Planning Authority.

Reason: For the avoidance of doubt and in the interest of proper planning.

3.         Visibility splays before occupation

The dwelling shall not be occupied until the visibility splays at the vehicular access to Ullswater Drive have been provided in complete accordance with drawing number 11151-08 (received on 21 October 2010).  The land within these visibility splays shall thereafter be kept free of all obstructions to visibility over a height of 0.6 metres above the carriageway level.

Reason:  In the interests of road safety, in accordance with Policy OVS2 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

4.         Surfacing of access

Bonded material shall be used across the entire width of the access for a distance of 3 metres measured back from the carriageway edge.  The dwelling hereby permitted shall not be occupied until the surfacing arrangements have been constructed in complete accordance with the approved details.

Reason:  To avoid migration of loose material onto the highway, in the interests of road safety. This condition is imposed to comply with Policy OVS2 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

5.         Vehicle parking provided to standards

The dwelling hereby permitted shall not be occupied until the vehicle parking and turning space has been provided in accordance with the drawing number 11151-01D received on 2 November 2010.  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 which would adversely affect road safety and the flow of traffic.  This condition is imposed to comply with Policies OVS2 and TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

6.         Landscaping

No development shall take place (including site clearance and any other preparatory works) until a detailed scheme of landscaping for the site has been submitted to and approved in writing by the Local Planning Authority.  The details shall include 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:

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

(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.

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 Policies OVS2 (a, b) and OVS3 (b) of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

7.         Bin store

The bin store shall not be provided except in complete accordance with drawing number 11151-09 received on 2 November 2010.

Reason:   In the interests of visual amenity.  This condition is imposed in accordance with Policies OVS2 and HSG1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

Informatives:

1.         Reading Borough Council Planning Application

This Planning Permission relates to the proposed development only insofar as it falls within West Berkshire District.  This decision notice must be read in conjunction with Reading Borough Council Planning Application 10/01745/FUL, or any subsequent application or revision wherein the development proposal does not materially vary from that shown on the approved drawings.

2.         Access construction

The Highways (Planning) Manager, West Berkshire District Council, Highways and Engineering, Council Offices, Faraday Road, Newbury RG14 2AF, telephone 01635 519169, 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.

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.         Extraordinary traffic

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.         Street lighting column

It may be necessary to relocate the street lighting column adjacent to the access at the cost of the applicant.  The applicant is advised to contact the Council’s Street Lighting Team on 01635 42400 to discuss the relocation.