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Agenda item

Application No. & Parish:17/03290/OUTMAJ - Land at The Old Farmhouse, Newbury Road, Hermitage, Thatcham

Proposal:

Outline application for demolition of farmyard buildings, retention of The Old Farmhouse and the erection of up to 21 new dwellings, improved vehicular access off Newbury Road, car parking, public open space and landscaping. Matters to be considered - Access.

Location:

Land at The Old Farmhouse, Newbury Road, Hermitage, Thatcham, Berkshire

Applicant:

The Executors To The Neville Baker Estate

 

Recommendation:

To delegate to the Head of Development and Planning to GRANT PLANNING PERMISSION subject to conditions and the completion of a S106 legal agreement.

 

Or, if a S106 legal agreement within the specified time, to delegate to the Head of Development and Planning to REFUSE PLANNING PERMISSION.

 

 

Minutes:

(During the discussion for Agenda Item 4(1) Councillor Quentin Webb declared a personal interest by virtue of the fact that he lived near to the roundabout being discussed. 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.)

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 17/03290/OUTMAJ in respect of an outline application for demolition of farmyard buildings, retention of The Old Farmhouse and the erection of up to 21 new dwellings, improved vehicular access off Newbury Road, car parking, public open space and landscaping.

In accordance with the Council’s Constitution, Ms Ruth Cottingham, Parish Council representative, Mr Mike Belcher, adjacent Parish Council representative and Mr Nick Roberts/Mr Lance Flannigan, applicant/agent, addressed the Committee on this application.

Ms Cottingham in addressing the Committee raised the following points:

·         The Parish Council had not objected to the application as it welcomed the pedestrian and cycle access from Lipscomb Close to Station Road.

·         Holy Trinity Church was opposite Lipsomb Close and did not have a car park. This caused visitors to the Church to use Lipsomb Close for parking.

·         If an access to Lipsomb Close was provided as part of the development, there was concern that Lipsomb Close would become a rat run.

·         Any access to the site would have an impact upon the B4009. The roundabout that linked Priors Court Road to Station Road was particularly dangerous.

·         There were regularly near misses between vehicles using the roundabout. Councillor  Cottingham was aware through social media that an accident had occurred on the roundabout that morning at 9.30am.

·         The Parish Council had written to West Berkshire Council (WBC) expressing that they would like to take on the responsibility for more open spaces. 

·         The applicant had plans for the open space and ecological mitigation area, which did not involve handing it over to WBC.

Councillor Richard Crumly noted that Ms Cottingham had referred to the roundabout at the end of Priors Court Road as dangerous and asked for clarification on her reasons. Ms Cottingham stated that the roundabout was merely a dot in the middle of a crossroad and she hoped that if the development was granted permission that some Community Infrastructure Levy (CIL) money could be allocated to improving the roundabout. Councillor Crumly asked what improvements the Parish Council would like to see, for example lighting. Ms Cottingham reported that the roundabout was already lit however, it needed to be bigger, which she was aware would be difficult. She believed that pavements had been introduced into the village in 1968 and as a result the property at the north west of the village had lost some of its garden. The verge on the north west corner was the problem. There was also a Service Station, which belonged to a separate landowner.

Mr Belcher in addressing the Committee raised the following points:

·         He had only just become aware that the plans had been changed in terms of the land available.

·         Chieveley Parish Council had originally objected to the proposal for 22 houses as it had conflicted with policy HSA DPD25, which was set after the proposal had been put forward.

·         Chieveley Parish Council was responsible for the areas of Curridge, Oar and Chieveley, which covered the south west quadrant of the roundabout in question. This section of road was already a huge concern to Chieveley Parish Council and traffic impacted upon the B4009.

·         If there were traffic problems around the roundabout then the traffic impacts were also felt in Compton because satnav redirected that way. If there was an issue on the A34, traffic was automatically directed onto the B4009. Oar, which had particularly narrow roads was often used as a rat run to the A34.

·         On 2nd March 2018, Chieveley Parish Council had requested an integrated traffic plan be formed for the area. On 11th April the Parish Council had been informed that developers did not have to form a traffic plan and as a result the Parish Council had subsequently requested that the traffic plan be formulated for the B4009.

Councillor Pamela Bale asked Mr Belcher if he had seen the Highways report provided with the application. Mr Belcher reported that he had not, but as far as he was aware the report stated that there were no highway issues and in his opinion this was incorrect. The report only considered the site access and not the impact the development would have on the roundabout. Residents pulling out from the site would cause a hazard. In peak times traffic often backed up to the Old Farm House.

Councillor Quentin Webb asked Mr Belcher if he had ever visited the website to see if a survey had been carried out on the roundabout and Mr Belcher reported that he had not.

Mr Nick Robert (applicant) and Mr Lance Flannigan (agent) in addressing the Committee raised the following points:

·         A variety of concerns had been raised and all had been addressed within the Planning Officer’s report.

·         The Planning Officer’s report recognised that the development was of high quality design and any conflict with HSA DPD25 was outweighed by the clear planning benefits that would be provided if the development was granted permission.

·         Taking all evidence into account there was no reason to refuse the application.

·         The proposed access onto Newbury Road would provide visibility splays that were in line with guidance provided by the Highways Authority.

·         The site would be sufficient to cater for 22 dwellings. The cumulative impact on traffic of the proposed site and the adjacent site was one extra vehicle every four to five minutes. A model development on the roundabout had shown that it would cope with this increase in traffic.

·         There had not been an accident at the site access in the last five years.

·         The development would provide two thirds of cycle links in the area, which would help cyclists to avoid the roundabout. A new pedestrian crossing would also be provided.

·         Both Parish Council’s had mentioned the cumulative impact of the proposal on future development however, this did not provide a reason to refuse the application. Only committed development could be considered with regards to cumulative impact. The only committed development was the application for 15 dwellings on the adjacent site.

·         The applicant had gone to great lengths to take the needs of the community into account and this was evidenced in the lack of objection by Hermitage Parish Council.

Councillor Tim Metcalfe referred to the mentioned pedestrian crossing as he could not recall Members being made aware of this. Mr Flannigan stated that as part of the development, dropped kerbs would be implemented in a number of locations. The applicant had agreed this with Officers to ensure safe crossings for pedestrians to the north of the site.

Councillor Crumly had noted concerns regarding the impact on the Newbury Road and asked if Mr Flannigan had any comments on this. Mr Flannigan had observed that according to all evidence there was not a safety issue including in peak hours however, he did understand the concerns of the community. He felt that concerns could maybe addressed in the context of the Local Plan.

(At this point Councillor Quentin Webb declared a personal interest in Agenda Item 4(1) by virtue of the fact that he lived near to the roundabout in question. 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.)

Councillor Quentin Webb, in addressing the Committee as Ward Member, raised the following points:

·         Planning Officers and the applicant/agent had worked exceptionally well together.

·         The development complied with guidance on the number of dwellings per hectare and he considered the proposal to be of good quality.

·         The space between houses would be favourable with residents.

·         Sight lines and access issues had been addressed.

·         Councillor Webb was concerned about the Station Road/Priors Court Road roundabout and it was important to consider if anything could be done to improve the situation.

·         Councillor Webb welcomed the pedestrian/cycle access to Lipscomb Close without vehicular access; the pedestrian and cycle ways and the landscaping that was included as part of the application and he hoped developers in the future followed suit.

·         Councillor Webb expressed his support for the application.

The Chairman, as joint Ward Member reported that he had nothing to add to the points made by Councillor Webb. The Chairman asked if Members had any questions for Officers and Councillor Metcalfe referred to his comment about crossings and asked for clarification from the Highways Officer.

Gareth Dowding confirmed that the crossing in question was an uncontrolled crossing by Fir Tree Close. Bob Dray reported that detail on the crossing was included under section 6.9.5 of the committee report and condition number 34 ensured the crossing would be provided.

Councillor Metcalfe stated that he thought a ‘Close’ was a dead end and therefore questioned the need for a crossing. Mr Dray reported that the crossing being referred to was a dropped kerb and another dropped kerb would be placed to help pedestrians cross the Newbury Road. The Chairman reminded Members that the crossings being referred to were not controlled like a zebra crossing.

The Chairman invited Members to move onto the debate stage of the item. Councillor Webb stated that he was happy to propose that Members agree with the Officers recommendation as set out in the report, to grant planning permission. Councillor Crumly seconded this proposal.

Councillor Metcalfe felt that it was important to draw reference to the point that the Newbury Road, which cut through the village was not particularly safe. Vans were often parked along the road, which made it particularly difficult to pass safely. Councillor Metcalfe felt that the particular section of road in question required careful consideration.

Councillor Bale noted that the report referred to traffic volume rather than safety. The Chairman asked Officers for clarification on whether CIL money could be used to help address safety concerns. Mr Dray reported that CIL money was governed by a separate body within the Council, and that Members could pursue this matter.. Gareth Dowding stated that if this was something Members wanted investigated then it could be recommended for discussion with the Highways Authority. However, he advised that when the road was developed, the mini roundabout was the best that could be implemented at the time. A number of options had been looked into over the past five years.

Councillor Marigold Jaques commented that each application should be judged on its merits and the application under consideration seemed sound. Most concerns related to through traffic and it would be unfair to prejudice against the application due to a wider issue that needed investigating.

The Chairman invited Members to vote on the proposal by Councillor Webb and seconded by Councillor Crumly. 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.

Reserved matters

 

Details of the appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development is commenced.

 

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.

Approval of reserved matters

 

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

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).

 

3.

Reserved matters time limit

 

The development to which this permission relates shall be begun before the expiration of five 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).

 

4.

Approved plans

 

The development hereby permitted shall be carried out in accordance with the following approved plans:;

·         Site Location Plan 16027/S201 Rev B

·         Parameters Plan 16027/SK202 Rev E

·         Site Access Boundary Wall 16027/SK205 Rev A

·         Site Access Plan JNY8620 - 17D

·         Site Survey 16027/SS.01 Rev B

 

 

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

 

5.

Advance planting of landscape buffer

 

All planting within the landscape buffer (as defined by the Parameter Plan) shall be completed no less than six months in advance of any development taking place on the application site.  Detailed planting plans, schedules and specifications shall accompany the landscaping reserved matters application.  These details shall ensure a depth of no less than 4.5 metres of the landscape buffer is planted as woodland edge and hedgerow; and include large native trees and woodland edge mix and include oak and wild cherry.

 

Reason:   To ensure that all planting in the landscape buffer has had time to establish prior to construction, and therefore provides a good level of screening immediately from commencement of development.  Advanced planting is necessary given the high sensitivity of the surrounding AONB open countryside.  This condition is applied in accordance with the NPPF, Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD.

 

6.

Layout and design standards

 

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 shall 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 providing adoptable infrastructure, road safety and flow of traffic.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy (2006-2026), Policy P1 of the Housing Site Allocations DPD (2006-2026), and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

7.

Environmental Management Plan

 

No development shall take place until a detailed Environmental Management Plan (EMP) has been submitted to and approved in writing by the Local Planning Authority.  The EMP shall:

(a)  Apply to all land within the red line application site, and the full extent of the Landscape Buffer (as defined by the Parameter Plan).

(b)  Be based on and informed by the Ecological Assessment prepared by Ecosa (Reference 2752-2.F2, Final Revision 2, dated 01/11/2017) (therein referred to an Ecological Management Plan), and deliver the recommendations of this Assessment to ensure the appropriate protection and conservation of protected habitats and species.

(c)  Include (but not necessarily be limited to) details of management, maintenance and long-term protection of the hard and soft landscaping, public open space, and ecological mitigation area.

(d)  May incorporate any/all mitigation measures secured by other planning conditions attached to this permission.

 

The approved EMP shall be implemented in full upon commencement of development.

 

Reason:   The EMP is necessary to ensure the adequate protection and conservation of protected species and habitats on the site, and to achieve the specific recommendations of the submitted Ecological Assessment.  A comprehensive EMP will also ensure that interrelated landscape and ecological proposals are delivered and management in a holistic manner.  Detailed provisions for implementation are contained with the s106 legal agreement.  The detailed EMP is required before commencement of development because insufficiently detailed information has been submitted at the application stage, and it may include measures that require implementation during the construction phase.  This condition is applied in accordance with the NPPF, Policies CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Planning Obligations SPD.

 

8.

Updated Ecological Appraisal

 

No development shall take place until an updated Ecological Appraisal been submitted to and approved in writing by the Local Planning Authority, together with any additional surveys recommended by the updated Ecological Appraisal.  The updated surveys shall be used to inform the mitigation measures for this development.

 

Reason:   The submitted Ecological Assessment advises that, if works have not commenced by July 2018, the ecological appraisal should be updated.  This is because many of the species considered during the current survey are highly mobile and the ecology of the site is likely to change over this period.  This condition is applied in accordance with the statutory provisions relating to the protected species and habitats on the site, the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

 

9.

Natural England licence (bats and great crested newts)

 

Any works which affect bats or great crested news, or result in loss or deterioration of their habitats (including the demolition of the existing farmyard buildings) shall not in any circumstances commence unless the Local Planning Authority has been provided with either:

(a)  A licence issued by Natural England pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 authorising the specified activities to go ahead; or

(b)  A statement in writing from Natural England to the effect that it does not consider that the specified activity will require a licence.

 

Reason:   This condition is applied to avoid contravention of the Conservation of Habitats and Species Regulations 2010 (as amended), and in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

 

10.

Bat mitigation scheme

 

No development (including demolition) shall take place until a bat mitigation scheme has been submitted to and approved in writing by the Local Planning Authority.  Unless otherwise agreed in writing, suitable mitigation shall include (but not necessarily be limited to) sensitive demolition methods and timings, the provision of long-term replacement roosts and bat boxes, a sensitive lighting scheme, construction of a dedicated roost void, and inclusion of new roost features such as bat access tiles and bat boxes incorporated into the development.  The scheme shall include details of implementation timings.  Thereafter, the development shall not take place except in accordance with the approved mitigation scheme.

 

Reason:   To ensure the implementation of appropriate mitigation for bats, in line with the recommendations of the submitted Ecological Assessment.  The approval of this information is required before development commences because insufficient information accompanies the outline application and mitigation measures need to be in place before commencement.  This condition is applied in accordance with the statutory provisions relating to bats, the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

 

11.

Reptile translocation

 

No development shall take place until details of a reptile translocation exercise have been submitted to and approved in writing by the Local Planning Authority.  The reptile populations shall be translocated to the Ecological Mitigation Area, as defined by the approved Parameter Plan.  The submission shall include details of implementation timings.  Thereafter, the development shall not take place without the reptile translocation exercise taking place in accordance with the approved scheme.

 

Reason:   To ensure the implementation of a reptile translocation exercise, in line with the recommendations of the submitted Ecological Assessment.  The approval of this information is required before development commences because insufficient information accompanies the outline application and the reptile translocation needs to take place before any development takes place.  This condition is applied in accordance with the statutory provisions relating to reptiles, the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

 

12.

Great crested newt mitigation scheme

 

No development shall take place until a great crested newt mitigation scheme has been submitted to and approved in writing by the Local Planning Authority.  The mitigation scheme shall include (but not necessarily limited to) translocation of the areas of suitable terrestrial habitat, and translocation of the species, to the Ecological Mitigation Area, as defined by the approved Parameter Plan.  The submission shall include details of implementation timings.  Thereafter, the development shall not take place except in accordance with the approved scheme.

 

Reason:   To ensure the implementation of appropriate mitigation for great crested newts, including a translocation exercise, in line with the recommendations of the submitted Ecological Assessment.  The approval of this information is required before development commences because insufficient information accompanies the outline application and mitigation will be required before any development takes place.  This condition is applied in accordance with the statutory provisions relating to great crested newts, the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

 

13.

Sustainable drainage measures

 

Alongside or before the first reserved matters application, details of sustainable drainage measures to manage surface water shall be submitted to the Local Planning Authority for approval.  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. Any soakage testing should be undertaken in accordance with BRE365 methodology;

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

(d)  Include run-off calculations, discharge rates, infiltration and storage capacity calculations for the proposed SuDS measures based on a 1 in 100 year storm +40% for climate change;

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

(f)   Ensure any permeable paved areas are designed and constructed in accordance with manufacturers guidelines;

(g)  Ensure any permeable areas are constructed on a permeable sub-base material such as Type 3 or reduced fines Type 1 material as appropriate;

(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.

 

No development shall take place until the above details have been approved in writing by the Local Planning Authority, and thereafter the development shall not be undertaken without incorporating the approved measures.

 

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 this outline 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.

 

14.

Hydraulic modelling and flooding mitigation strategy

 

No development shall take place until a mitigation strategy to ensure that the proposed dwellings are protected from flooding up to the 1 in 100 year (including climate change) flood event has been submitted to and approved in writing by the Local Planning Authority.  The mitigation strategy shall be informed by a detailed hydraulic model, details of which shall accompany the above submission.  No development shall take place without incorporating the approved mitigation strategy, and any ongoing management or maintenance shall be undertaken as approved thereafter.

 

Reason:   To prevent the increased risk of flooding.  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 this outline application; mitigation 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.

 

15.

Emergency water supplies

 

No dwelling shall be first occupied until either:

(a)  Private fire hydrant(s), or other suitable emergency water supplies, have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority (in consultation with Royal Berkshire Fire and Rescue Service); or

(b)  Royal Berkshire Fire and Rescue Service confirm that such provision is not required (for example, because the main water supply for the development is sufficient) and confirmation of the same has been given in writing by the Local Planning Authority pursuant to this condition.

 

Reason:   At present there are no available public mains in this area to provide suitable water supply in order to effectively fight a fire.  Suitable private fire hydrant(s), or other suitable emergency water supplies, are therefore required to meeting Royal Berkshire Fire and Rescue Service requirements, in the interests of public safety.  The approval of this information is required before development commences because insufficient information accompanies the outline application and it will affect the servicing of the development.  This condition is applied in accordance with the National Planning Policy Framework.

 

16.

Access details

 

No development shall take place until detailed plans of the pedestrian and cycle accesses onto Lipscomb Close and to the adjacent housing site HER001 have been submitted to and approved in writing by the Local Planning Authority.  Unless otherwise agreed in writing by the Local Planning Authority, the details shall provide for a three metre wide footway/cycleway in both locations.  The footways/cycleways shall be provided before first occupation of the 15th dwelling in accordance with the approved details.

 

Reason:   Access is not a reserved matter, but insufficiently detailed information has been provided for these pedestrian and cycles accesses.  Detailed access designs are required to ensure safe and suitable access for pedestrians at these points.  This condition is applied in accordance with the NPPF, Policies CS13 and CS14 of the West Berkshire Core Strategy, and the Quality Design SPD (design guidance on safe and high quality environments).

 

17.

Parking and turning

 

No development shall take place until details of vehicle access, parking, and turning spaces for every dwelling have been submitted to and approved in writing by the Local Planning Authority.  Thereafter, no dwelling hereby permitted shall be occupied until the vehicle access, parking, and turning spaces associated to that dwelling have been surfaced, marked out and provided in accordance with the approved details.  The access, parking, and turning spaces 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.  The approval of this information is required before development commences because insufficient information accompanies the outline application and parking provision may affect the overall layout of the development.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy (2006-2026), Policy P1 of the Housing Site Allocations DPD (2006-2026), and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

18.

External lighting

 

No development shall take place until a lighting strategy has been submitted to and approved 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;

(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 the above species;

(c)  Include and isolux diagram of the proposed lighting;

(d)  Ensure all lighting levels are designed within the limitations of Environmental Lighting Zone 1, as described by the Institute of Lighting Engineers.

 

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. 

 

Reason:   Firstly, to ensure the conservation and enhancement of the biodiversity assets of the site, including the protection of species and habitats.  Secondly, to conserve the dark night skies characteristics of the North Wessex Downs AONB.  The approval of this information is required before development commences because insufficient information accompanies the outline application.  This condition is applied in accordance with the National Planning Policy Framework, the North Wessex Downs AONB Management Plan 2014-19, and Policies ADPP5, CS14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026).

 

19.

Archaeological building recording

 

No development, demolition or other site works shall take place until a written scheme of investigation for a programme of building recording has been submitted to and approved in writing by the Local Planning Authority.  Thereafter, the development shall not take place unless the programme of building recording is undertaken and/or incorporated in accordance with the approved details.

 

Reason:   To ensure that an adequate record is made of these buildings of architectural, historical or archaeological interest.  The approval of this information is required before development commences because insufficient information accompanies the outline application and building recording will need to take place prior to demolition.  This condition is applied in accordance with the NPPF, and Policy CS19 of the West Berkshire Core Strategy (2006-2026).

 

20.

Archaeological work

 

No development, demolition or other site works shall take place until a written scheme of investigation for a programme of archaeological work has been submitted to and approved in writing by the Local Planning Authority.  Thereafter, the development shall not take place unless the programme of archaeological work is undertaken and/or incorporated in accordance with the approved details.

 

Reason:   To ensure that any significant archaeological remains are found and adequately recorded.  The approval of this information is required before development commences because insufficient information accompanies the outline application and archaeological work will need to take place before development.  This condition is applied in accordance with the NPPF, and Policy CS19 of the West Berkshire Core Strategy (2006-2026).

 

21.

Hazardous materials

 

No development (including demolition) shall take place until an assessment has been carried out to determine whether any harmful materials (including asbestos) are present, and to determine the steps that will be taken to remove or treat such harmful materials so as to prevent to the contamination of the site.  No development shall take place until a scheme of remedial works has been submitted to and approved in writing by the Local Planning Authority.  Thereafter, development shall not take place except in accordance with the approved details.

 

Reason:   To prevent any contamination of land, and to ensure that the site is suitable for its new use taking account of ground conditions, including pollution arising from former activities.  The approval of this information is required before development commences because insufficient information accompanies the outline application and remediation may be required as part of development operations.  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).

 

22.

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 statement shall provide for:

 

(a)  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)  Erection and maintenance of security hoarding including decorative displays and facilities for public viewing;

(e)  Temporary access arrangements to the site, and any temporary hard-standing;

(f)   Wheel washing facilities;

(g)  Measures to control the emission of dust and dirt during construction;

 

Thereafter the demolition and construction works shall incorporate and be undertaken in accordance with the approved statement.

 

Reason:   To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety.  The approval of this information is required at this stage because insufficient information has been submitted with the application.  The approval of this information is required before development commences because insufficient information accompanies the outline application and the CMS must be in place before demolition/construction operations commence.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

23.

Tree protection

 

No development shall take place until a tree protection scheme has been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.  The details shall include a plan showing the location of protective fencing, and shall specify the type of protective fencing, all in accordance with BS5837:2012.  Notice of commencement of development shall be given to the Local Planning Authority at least 2 working days before any development takes place.  The scheme shall be retained and maintained for the full duration of building/engineering operations, or until such time as agreed in writing with the Local Planning Authority.  No activities or storage of materials whatsoever shall take place within the protected areas without the prior written agreement of the Local Planning Authority.

 

Reason:   To ensure the protection of the existing trees to be retained during building/engineering operations.  The tree protection must be provided before development takes place to ensure that the trees are protected throughout the construction phase.  The approval of this information is required before development commences because insufficient information accompanies the outline application and tree protection needs to be in place before demolition and construction take place.  This condition is applied in accordance with the National Planning Policy Framework, and Policies CS17 and CS18 of the West Berkshire Core Strategy (2006-2026).

 

24.

Arboricultural method statement

 

No development shall take place until an arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority.  The statement 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 the existing trees to be retained during building/engineering operations.  This condition relates specifically to works that will take place in close proximity to retained trees, and so does not duplicate other tree protection conditions.  The approval of this information is required before development commences because insufficient information accompanies the outline application and method statements need to be in place before demolition and construction take place.

This condition is applied in accordance with the National Planning Policy Framework, Policies CS17 and CS18 of the West Berkshire Core Strategy (2006-2026).

 

25.

Hours of work (construction/demolition)

 

No demolition or construction works shall take place outside the following hours:

 

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

8:30am to 1:00pm Saturdays;

No work shall be carried out at any time on Sundays or Bank Holidays.

 

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

 

26.

Vegetation clearance and the bird breeding season

 

No demolition or vegetation clearance shall take place outside of the bird nesting season (March to August inclusive) unless a suitably qualified ecologist undertakes checks for the presence of breeding birds immediately prior to demolition/clearance, and any active nests shall be left with a suitable buffer until nesting ends.

 

Reason:   To prevent harm to nesting birds from demolition and vegetation clearance.  This condition is applied in accordance with the statutory provisions relating to nesting birds, the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

 

27.

Access provision

 

No dwelling shall be first occupied until the access to Newbury Road has been provided, and the boundary wall constructed, in accordance with the approved plans.

 

Reason:   Firstly, to ensure the new dwellings have safe and suitable access.  Secondly, to ensure that the boundary wall is constructed so that the access respects the historic character of the street scene.  This condition is applied in accordance with the National Planning Policy Framework, and Policies CS13, CS14, and CS19 of the West Berkshire Core Strategy (2006-2026).

 

28.

Visibility splays

 

No vehicular access to the highway (Newbury Road) hereby permitted shall be brought into use until visibility splays of 2.4 metres by 59 metres have been provided at the new 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 applied in accordance with the National Planning Policy Framework, and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

 

29.

Landscape buffer provision

 

No dwelling shall be first occupied until the landscape buffer (as defined by the Parameter Plan) has been completed in accordance with the approved details (including the landscaping reserved matters).

 

Reason:   To ensure that the landscape buffer is provided at the appropriate time to mitigate the visual impact of the development on the open AONB countryside.  This condition is applied in accordance with the NPPF, Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD.

 

30.

Gas protection measures

 

Unless further monitoring and mitigation measures have been submitted to and approved in writing by the Local Planning Authority to demonstrate that gas protection measures are not required (or alternative mitigation is appropriate), no dwelling shall be occupied until precautionary gas protection measures appropriate to ‘characteristic situation 2’ have been provided for that dwelling.

 

Reason: To protect future occupants from the potentially harmful effects of migrating ground gas, with measures as recommended by the submitted Ground Investigation Report.  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).

 

31.

Protection from external noise (prior approval)

 

No dwelling shall be first occupied until external noise mitigation measures have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.  The details shall be informed by an appropriately detailed investigation to address the noise impacts from the White Horse Public House, and any other noise sources in the area.  The details shall include a scheme of works for protecting occupants of the new dwellings from externally generated noise.

 

Reason:   To protect future occupants from the adverse effects of excessive noise levels that may be generated by the adjacent public house and any other noise sources in the area.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026), Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), and Quality Design SPD.

 

32.

Travel information packs (prior approval)

 

No dwelling shall be first occupied until a scheme for the provision of travel information packs for new residents has been implemented in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To provide a scheme that seeks to deliver sustainable transport objectives, such as encouraging the use of local public transport and other non-car modes of transport.  The provision of travel information packs to new residents is a scheme that is proportionate to the size of the development.  This condition is applied in accordance with the NPPF, Policy CS13 of the West Berkshire Core Strategy (2006-2026), and Policies GS1 and P1 of the Housing Site Allocations DPD (2006-2026).

 

33.

Cycle storage (prior approval)

 

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

 

Reason:   To encourage the use of cycles in order to reduce reliance on private motor vehicles.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy (2006-2026), Policy P1 of the Housing Site Allocations DPD (2006-2026), and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

34.

New pedestrian crossings (prior approval)

 

New dropped kerbing and tactile paving crossings shall be provided before the first occupation of the 15th dwelling in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.  Where necessary these details shall ensure that any statutory undertaker’s equipment or street furniture located in the position of the footway has been re-sited to provide an unobstructed footway.  The new crossings shall be provided in the following location:

·         Across Lipscomb Close between numbers 27 and 8 (Fallow Chase);

·         Across the B4009 south of the Marlston Road.

 

Reason:   To ensure safe and suitable access to the site for pedestrians from Lipscomb Close, and to ensure adequate and unobstructed provision for pedestrians. This condition is applied in accordance with the NPPF, Policy CS13 of the West Berkshire Core Strategy (2006-2026), and the DfT Manual for Streets.

 

35.

Ground levels and finished floor levels

 

No development shall take place until details of existing and proposed ground levels, and finished floor levels of the buildings, have been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory relationship between the proposed development and the adjacent land.  These details are required before development commenced because insufficient information accompanies the application, and the agreed details will affect early construction activities.  This condition is applied in accordance with the NPPF, Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD (June 2006).

 

 

36.

Spoil

 

No development shall take place until details of how all spoil arising from the development will be used and/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 from the site (that is not to be deposited);

(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.  These details are required before development commenced because insufficient information accompanies the application, and the agreed details will affect early construction activities.  This condition is applied in accordance with the NPPF, Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD (June 2006).

 

 

INFORMATIVES

 

1.

Proactive actions of the LPA

 

The Local Planning Authority (LPA) has worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with a planning application.  In particular, the LPA:

a)    Provided the applicant with a case officer as a single point of contact.

b)    Alerted the applicant to issues that were raised during the consideration of the application.

c)    Accepted amended plans to address issues arising during the consideration of the application.

d)    Agreed an extension of time before determining the application to enable negotiations with the applicant.

e)    Entered into protracted considerations/negotiations in order to find a solution to problems with the proposed development, rather than refusing planning permission without negotiation.

 

2.

Legal agreement

 

This decision notice must be read in conjunction with the terms of the Section 106 Legal Agreement dated [to be inserted once completed].  You are advised to ensure that you have all the necessary documents before development starts on site.

 

3.

Surface Water Drainage

 

It is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer.  In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage.  When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary.  Connections are not permitted for the removal of groundwater.  Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.  They can be contacted on 0800 009 3921.

 

4.

Thames Water main

 

There is a Thames Water main crossing the development site which may/will need to be diverted at the Developer's cost, or necessitate amendments to the proposed development design so that the aforementioned main can be retained.  Unrestricted access must be available at all times for maintenance and repair.  Please contact Thames Water Developer Services, Contact Centre on Telephone No: 0800 009 3921 for further information.

 

5.

Construction 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 West Berkshire Environmental Health.  For more information: email ehadvice@westberks.gov.uk, call 01635 519192, or visit http://info.westberks.gov.uk/environmentalhealth.

 

 

Supporting documents: