Agenda item

Proposal:	Demolition of existing house containing 3 units and erection of 3 houses.
Location:	Knappswood Farm, Pangbourne Road, Upper Basildon, Berkshire RG8 8LN
Applicant:	Mr John Wakefield
Recommendation:	To DELEGATE to the Head of Development & Planning to GRANT PLANNING PERMISSION subject to conditions and the completion of a S106 legal agreement between the Council, the applicant and the owners of Hollins and Southfields.

 

The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 17/01967/FULD in respect of the demolition of an existing house containing 3 units and the erection of 3 houses.

David Pearson highlighted that the full recommendation for the application was to be delegated to the Head of Development and Planning to Grant Planning Permission subject to the completion, within two months of the date of Committee, of a legal agreement to secure the provision of visibility splays at the access onto Pangbourne Road in accordance with Policy C3 of the West Berkshire Core Strategy 2006-2026 and Supplementary Planning Document: Planning Obligations Or to refuse the application if the agreement was not completed within this period. 

In accordance with the Council’s Constitution, Ms Carol Reed, objector, addressed the Committee on this application.

Ms Carol Reed in addressing the Committee raised the following points:

·                     The site was located on a bend. Parents walked along the road to school with their children and often buggies, which was extremely dangerous as vehicles were often exceeding 30mph.

·                    There would be several new houses if the application was approved, with an average of two cars per house. The road was particularly narrow and was not suitable for an increase in traffic.

·                    Mrs Reed was concerned about possible contamination on the site and requested clarification from Officers on this point.

Mr Pearson referred to the report where there were conditions relating to contamination on pages 75 and 76. The first of the conditions referred to a land assessment and the other conditions dealt with what would need to take place if contamination was found on the land. It was confirmed that the conditions covered potential eventualities to ensure contamination would be dealt with in the necessary manner.

Comments from the Environmental Health Department noted that the former pit located approximately 40metres to the south of the site had been identified as potentially contaminated. Mr Pearson highlighted that this was not part of the site that would be developed if planning permission was approved.

Councillor Quentin Webb noted Mrs Reed’s concern about the access to the site. There was an indoor riding school nearby and Councillor Webb asked if this used the same access. Mrs Reed was unable to clarify this point.

Councillor Webb stated that houses on the site must use the road currently, however Mrs Reed stated that she was concerned about the potential for two cars per property.

Councillor Tim Metcalfe questioned if there were would be an increase in traffic to and from the site and the Chairman confirmed that this was a question for Officers.

Gareth Dowding stated it was expected that there would be an increase in traffic flow which was why they had insisted that visibility splays be implemented. It was confirmed that Officers were not overly concerned about the increase to traffic flow, which would result in up to an anticipated four extra vehicles.

Councillor Emma Webster questioned the length of time (two months) that it was anticipated it would take to complete the legal agreement for the visibility splays. Sharon Armour was under the impression that two months was a reasonable length of time to bring such business to a conclusion especially if there is a mortgage over the Site.

Councillor Metcalfe felt that having listened to Ms Reed he felt that the report adequately dealt with the issues raised and therefore he proposed that Members approve the Officer recommendation to approve planning permission. This was seconded by Councillor Crumly.

Councillor Alan Macro questioned how likely it would be that the piece of land close to the development, would be developed if planning permission was given. Mr Pearson explained that planning policy on development within the countryside was tighter than it ever had been. If an application was to come forward for the piece of land in question it would need to be for a replacement dwelling or a dwelling for a countryside worker to find any support under current policies.

Councillor Chopping stated that he was minded to vote in favour of the application however, was regretful that the application was for three large homes when it could have been used as an opportunity to build a smaller number of more affordable homes that were required across the district.

The Chairman invited Members of the Committee to vote on the proposal put forward by Councillor Metcalfe, seconded by Councillor Crumly. At the vote the motion to approve planning permission was carried.

RESOLVED thatit  be DELEGATED to the Head of Development and Planning to GRANT PLANNING PERMISSION subject to the completion, within 2 months of the date of Committee, of a legal agreement to secure the provision of visibility splays at the access onto Pangbourne Road in accordance with Policy CS13 of the West Berkshire Core Strategy 2006-2026 and Supplementary Planning Document: Planning Obligations. The respective permission to be subject to the following conditions.

OR

If the legal agreement is not completed by the 18^th December 2017, to DELEGATE to the Head of Development and Planning to REFUSE PLANNING PERMISSION for the reason set out below, or to extend the period for completion if it is considered expedient to do so.

Conditions

1.            Commencement of development

 The development hereby approved 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.            Approved plans

The development of the replacement dwellings hereby approved shall be carried out in accordance with the application form, the design and access statement and drawing numbers 7756.6; 7756.7; 7756.8 and 7756.9A, received 01 July 2017.

Reason: For the avoidance of doubt, in the interests of proper planning.

3.            Schedule of Materials

Irrespective of details given in the approved plans and documents no development of the approved dwellings shall commence until samples of all external materials to be used have been submitted and approved under a formal discharge of conditions application. The approved dwellings shall be constructed in accordance in accordance with the approved schedule of materials.

Reason: In the interests of visual amenity in accordance with Policies CS14 and CS19 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

4.            Construction Method Statement

No development shall take place until a Construction Method Statement has been submitted and approved under a formal discharge of conditions application.  The development shall be carried out in accordance with the approved Construction Method Statement.  The Construction Method Statement shall provide for:

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

(b)       Delivery, 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).

5.            Visibility splays before development

No development shall take place until visibility splays of 2.4 metres by 43 metres have been provided at the access and until the Deed of Covenant between the Council, the Applicant and the owners of Hollies and Southfields has been entered into and registered as a local land charge. 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).

6.            Access to Highway

No development shall take place until details of the surfacing arrangements for the vehicular access to the highway have been submitted to and approved in writing by the Local Planning Authority. Such details shall ensure that bonded material is used across the entire width of the access for a distance of 7 metres measured back from the carriageway edge. Thereafter the surfacing arrangements shall be constructed in accordance with the approved details.

Reason: To avoid migration of loose material onto the highway in the interest 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).

7.            Parking/turning in accord with plans.

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 plans. 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), Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and P1 of the HSA DPD

8.            Cycle storage

No dwelling shall be occupied until cycle parking and/or storage space has been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that there is adequate and safe cycle storage space within the site. This condition isimposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of theWest Berkshire Core Strategy (2006-2026),Policy TRANS1 of the West Berkshire District Local Plan1991-2006 (Saved Policies 2007) and P1 of the HSADPD.

9.            External Lighting

No development of the approved dwellings shall commence until full details of any lighting to be erected, including the complete specification and location of all external lights, has been submitted and approved under a formal discharge of conditions application. Irrespective of the provisions of the Town and Country (General Permitted Development) Order 2015 or any subsequent version thereof, no other external lighting shall be erected on the site.

Reason: In the interests of visual amenity and to prevent encroachment of illumination into the night skies in the North Wessex Downs Area of Outstanding Natural Beauty in accordance with Policies CS14 and CS19 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

10.         Ecological mitigation - Bat boxes

The dwellings hereby approved shall not be occupied until a scheme of bat boxes to be provided on the site has been submitted and approved under a discharge of conditions application. The dwellings shall not be occupied until the bat boxes have been erected in accordance with the approved scheme. The bat boxes shall be retained in accordance with the approved scheme thereafter.

Reason: To conserve and enhance the qualities of the site for local wildlife in accordance with Policy CS17 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

11.         Landscaping scheme

No development of the approved dwellings shall commence until details of a scheme of landscaping to be implemented on the site have been submitted and approved under a discharge of conditions application made for this purpose. The scheme of landscaping shall ensure:

(i) Identification of all trees and shrubs scheduled for retention on the site;

(ii) Identification of native varieties of trees and shrubs for all new planting;

(iii) Full implementation of the scheme of landscaping within the first planting season following occupation of the replacement dwellings;

(iv) That all trees and shrubs that form part of the approved landscaping are retained for a period of five years following planting and that during this period any trees or shrubs that become diseased, damaged or die are replaced with plants of the same species and a similar size during the following planting season.

The landscaping of the site shall be undertaken in accordance with the approved scheme.

Reason: In order to secure the benefits of landscaping to soften the visual impacts of development on a sensitive site within the North Wessex Downs AONB and to provide opportunities for local wildlife in accordance with the NPPF and Policies CS14, CS17 and CS19 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

12.         Hard landscaping

No development or other operations shall commence on site until the hard landscaping of the site has been completed in accordance with a hard landscaping scheme that has first been submitted to and approved in writing by the Local Planning Authority.  The hard landscaping scheme shall include details of any boundary treatments (e.g. walls, fences) and hard surfaced areas (e.g. driveways, paths, patios, decking) to be provided as part of the development.

Reason:   A comprehensive hard landscaping scheme is an essential element in the detailed design of the development, and is therefore necessary to ensure the development achieves a high standard of design.  These details must be approved before the development is commenced because insufficient information has been submitted with the application, and it is necessary to ensure that the scheme is of a high standard.   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).

13.         Spoil

No development shall take place until full details of how all spoil arising from the development will be used or disposed have been submitted to and approved in writing by the Local Planning Authority.  These details shall:

(a)   Show where any spoil to remain on the site will be deposited;

(b)   Show the resultant ground levels for spoil deposited on the site (compared to existing ground levels);

(c)    Include measures to remove all spoil (not to be deposited) from the site

(d)   Include timescales for the depositing/removal of spoil.

All spoil arising from the development shall be used and/or disposed of in accordance with the approved details.

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).

14.         Land contamination 1: site characterisation

The construction of the dwelling hereby permitted shall not take place until a scheme to assess the nature and extent of any land contamination of the site (whether or not it originates from the site) has been submitted to and approved in writing by the Local Planning Authority.  An investigation and risk assessment shall be completed as part of this scheme.  The investigation and risk assessment shall be undertaken by competent persons and a written report of the findings shall be produced and submitted.  The report of the findings shall include:

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

(b)          An assessment of the potential risks to:

i.              human health,

ii.            property (existing and proposed) including buildings, pets, and service lines and pipes,

iii.           adjoining land,

iv.           groundwater and surface water,

v.            ecological systems,

vi.           archaeological sites and ancient monuments; and

(c)          An appraisal of remedial options, and proposal of the preferred option(s).

This report shall be conducted in accordance with CLR11: Model Procedures for the Management of Land Contamination (DEFRA/EA).

Reason:   To ensure the site is suitable for its new use taking into account ground conditions, including from pollution arising from previous uses.  This condition ensures that the implemented remediation measures are effective.  The approval of this information is required at this stage because insufficient information has been submitted with the application.  This condition is applied in accordance with the National Planning Policy Framework, and Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

15.         Land contamination 2: remediation scheme submission

The construction of the dwelling hereby permitted shall not take place until a remediation scheme for any land contamination has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall:

(a)          Provide for the removal of unacceptable risks to human health, buildings and other property, and the natural and historical environment;

(b)          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;

(c)          Detail proposed objectives and remediation criteria, all works to be undertaken, a timetable of works, and site management procedures; and

(d)          Include measures for the monitoring and maintenance of the long-term effectiveness of the remediation over a period agreed in writing with the Local Planning Authority.

Reason:   To ensure the site is suitable for its new use taking into account ground conditions, including from pollution arising from previous uses.  This condition ensures that the implemented remediation measures are effective.  The approval of this information is required at this stage because insufficient information has been submitted with the application.  This condition is applied in accordance with the National Planning Policy Framework, and Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

16.         Land contamination 3: remediation scheme implementation

The remediation scheme for land contamination approved under condition 15 shall be implemented in full in accordance with the timetable of works thereby approved.  Two weeks written notice shall be given to the Local Planning Authority prior to the commencement of the remediation scheme.  Following the completion of the measures identified in the approved remediation scheme (except those for the long-term monitoring and maintenance), no dwelling shall be occupied until a verification report to demonstrate the effectiveness of the remediation carried out has been submitted to and approved in writing by the Local Planning Authority.

Reason:   To ensure the site is suitable for its new use taking into account ground conditions, including from pollution arising from previous uses.  This condition ensures that the implemented remediation measures are effective.  This condition is applied in accordance with the National Planning Policy Framework, and Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

17.         Land contamination 4: unexpected contamination

In the event that any previously unidentified land contamination is found at any time during the carrying out of the development, it shall immediately be reported in writing to the Local Planning Authority.  An investigation and risk assessment shall be undertaken in accordance with the requirements of Condition 14, and where remediation is necessary a remediation scheme shall be prepared in accordance with the requirements of condition 15.  The investigation and risk assessment, and any remediation scheme shall be submitted to and approved in writing by the Local Planning Authority.  Following completion of the measures identified in the approved remediation scheme, no dwelling shall be occupied until a verification report to demonstrate the effectiveness of the remediation carried out has been submitted to and approved in writing by the Local Planning Authority.

Reason:   To ensure the site is suitable for its new use taking into account ground conditions, including from pollution arising from previous uses.  This condition ensures that the implemented remediation measures are effective.  This condition is applied in accordance with the National Planning Policy Framework, and Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

18.         Land contamination 5: monitoring and maintenance

Following completion of the measures for the monitoring and maintenance of the effectiveness of the land contamination remediation approved under clause (d) of condition 15 (if any), a verification report to demonstrate the effectiveness of the remediation carried out shall be submitted to and approved in writing by the Local Planning Authority within 2 months of the completion of the measures.  These reports shall be conducted in accordance with CLR11: Model Procedures for the Management of Land Contamination (DEFRA/EA).

Reason:   To ensure the site is suitable for its new use taking into account ground conditions, including from pollution arising from previous uses.  This condition ensures that the implemented remediation measures are effective.  This condition is applied in accordance with the National Planning Policy Framework, and Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

19.         Hours of work (demolition and 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 is 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: In the interests of the amenities of neighbouring occupiers in accordance with the NPPF and Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

20.         Sustainable Drainage

No development shall take place until a scheme of surface water drainage has been submitted and approved under a formal discharge of conditions application made for this purpose. The scheme shall incorporate sustainable drainage principles to deal with surface water run-off from the roof of the dwellings hereby permitted and within the application site. The dwelling hereby permitted shall not be first occupied until the scheme of surface water drainage has been implemented in accordance with the approved details. The approved method of surface water drainage shall be retained thereafter.

Reason: To ensure that surface water will be managed in a sustainable manner. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS16 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design - Part 4 Sustainable Design Techniques (June 2006).

21.         Windows to be top hung and obscure glazed

The development hereby permitted shall not be occupied until the windows at first floor level in the northern and southern elevations of the dwellings hereby permitted have been fitted with obscure glass and top hung casements.  The obscure and top hung glazing shall be permanently retained in that condition thereafter.

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).

22.         Restriction on permitted development for windows on side elevation

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no windows/dormer windows/roof lights (other than those expressly authorised by this permission) which would otherwise be permitted by Schedule 2, Part 1, Classes A, B or C of that Order shall be constructed  on the north and south elevations of the dwellings hereby permitted, without planning permission being granted by the Local Planning Authority in respect of 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) and Policies CS14 and CS19 of the West Berkshire Core Strategy 2006-2026.

23.         PD Removal – extensions or outbuildings

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no extensions or outbuildings which would otherwise be permitted by Schedule 2, Part 1, Classes A, B, C, D and E of that Order shall be constructed  on the dwellings hereby permitted, without planning permission being granted by the Local Planning Authority in respect of an application made for that purpose.

Reason: In the interests of visual amenity and to avoid the overdevelopment of a site within the North Wessex Downs Area of Outstanding Natural Beauty, in accordance with Policies CS14 and CS19 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012 and Policy C3 of the West Berkshire Council Housing Site Allocations DPD (2017).

Informatives

1.     Proactive action by the local planning authority

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 secured and accepted what is considered to be a development which improves the economic, social and environmental conditions of the area.

2.     Access construction

The Highways Manager, West Berkshire District Council, Highways & Transport, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 519803, 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.     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.     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.

6.     Incidental works affecting the highway

Any incidental works affecting the adjoining highway shall be approved by, and a licence obtained from, the Principal Engineer (Streetworks), West Berkshire District Council, Transport & Countryside, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 519169, before any development is commenced.

7.     Protected bats

All species of bats found in the UK are European Protected Species under the Habitats Directive 1992, the Conservation of Species and Habitats Regulations 2010 and the Wildlife & Countryside Act 1981 (as amended). If any signs of bats (bat roosts, bat droppings or any other signs) are discovered on the site at any time then all work must halt and Natural England should be contacted for advice.

8.     Construction / demolition noise

The attention of the applicant is drawn to the requirements of Section 60 of the Control of Pollution Act 1974 in respect of the minimisation of noise on construction and demolition sites. Application, under Section 61 of the Act, for prior consent to the works, can be made to the Environmental Health and Licensing Manager.