Agenda item

Proposal:	Demolition of existing house containing 3 units and erection of 2 dwellings.
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 (Section 8.1).

 

The Committee considered a report (Agenda Item 4(4)) concerning Planning Application 17/03374/FULD in respect of Demolition of existing house containing 3 units and erection of 2 dwellings.

 

In accordance with the Council’s Constitution, Councillor Geoff Couchman, Parish Council representative, addressed the Committee on this application.

Councillor Geoff Couchman in addressing the Committee raised the following points:

·                    The Parish Council was concerned about the ‘tandem’ approach towards this development and would not support the application.

·                    Current residents had to be rehoused whilst the development was underway or find an alternative home altogether.

·                    Access and egress from the site was problematic. He disagreed with the Officer’s report which stated that there would be a slight increase in traffic as a result of the development.

·                    The number of objection letters received highlighted the level of concerns up to ¾ miles away from the site.

·                    There was likely to be an increase in traffic from online shopping deliveries as a result of the increased number of properties onsite.

·                    There had been a recent incident whereby a white van overturned as a result of driving too fast along Pangbourne Road. Gritting along Pangbourne Road was paid for by the Parish Council and, if stopped, the conditions would worsen and could lead to more incidents along the road which experienced pluvial flooding.

In response to questions asked by the committee, Councillor Couchman stated that the properties would introduce an additional bedroom and it was not unreasonable to assume that this would include an additional vehicle per property. 

Councillor Pamela Bale asked how the Highways Department calculated vehicle movements. Gareth Dowding advised that they used TRICS indicators based on similar properties and used this benchmark against the current property to calculate differences. The Committee heard that the current property would entail 12/14 vehicle movements and that the TRICS indicators suggested that the proposed properties would entail the same number. He concluded that because there would be no change in the volume of traffic it was regrettable that there was very little they could do to seek an improvement to visibility at the entrance/exit of the site. 

Gareth Dowding advised that standard road markings might be an option but the proposal would not generate extra traffic.

Councillor Bale asked how much weight Officers had given towards the suggestion that this proposal was a ‘tandem’ build. David Pearson advised that Officers considered planning policy (including the Design Statement) but the previous application was considered ‘acceptable’ so this factored into their overall consideration.

Councillor Bridgman suggested that the proposal should not be accepted just because it did not make the situation any worse. He asked Officers to state the planning policy considerations to Members. David Pearson advised that planning policy was not the reference point in this case but that Officers looked towards Case Law to gauge the direction that an appeal might take. Members heard that it was necessary to consider the level of harm as a result of the development. In considering this application, Officers concluded that the scheme would not entail sufficient additional harm beyond the existing situation on the site to warrant refusal.

Councillor Tony Linden stated that he could not see any grounds for refusal. He proposed acceptance of Officers recommendation. The proposal was seconded by Councillor Bridgman.

Councillor Richard Crumly noted that the development site was outside the settlement boundary but due to the fact that it was replacing existing dwellings he suggested that it would be difficult to justify refusal for this reason.

In response to questions asked by the Committee, Officers confirmed that a condition removing Permitted Development Rights was proposed as part of the recommendation.

In considering the above application Members voted in favour of the recommendation to accept Officers recommendation for approval. Councillor Pamela Bale abstained from voting.

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

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 7765.1; 7765.2 and 7765.4 received 05 December 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.         Parking/turning in accord with plans.

 

          No dwelling shall be occupied until the vehicle parking and/or turning space have been surfaced, markedout and provided in accordance with the approved plan(s). The parking and/or turning space shallthereafter 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 thelikelihood of roadside parking that would adversely affect road safety and the flow of traffic. This conditionis imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of theWest Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan1991-2006 (Saved Policies 2007) and P1 of the HSA DPD

 

6.         Cycle storage

 

          No development shall take place until details of the cycle parking and storage space have been submittedto and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the cycleparking and storage space has been provided in accordance with the approved details and retained for thispurpose at all times.

 

          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.

 

7.         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.

 

8.         Ecological mitigation - Bat boxes

 

          The dwellings hereby approved shall not be occupied until a scheme of ecological mitigation and enhancements is submitted and approved under a discharge of conditions application in accordance with the ecological recommendations at Section 4 of the ecological report by Brian Masterton Wildlife Consultant. The dwellings shall not be occupied until the approved ecological mitigation and enhancements have been implemented in accordance with the approved scheme. The ecological mitigation and enhancements 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.

 

9.         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.

 

10.      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).

 

11.      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).

 

12.      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).

 

13.      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).

 

14.      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).

 

15.      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).

 

16.      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).

17.      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.

 

18.      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).

 

19.      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).

 

20.      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.

 

21.      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 and an unacceptable increase in the level of visual impact of a sensitive and prominent 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).