Agenda item

Proposal:	Demolish garage and erect convenience store with 4 x apartments above and erect 4 dwellings
Location:	Lawrence Building, Newbury Road, Hermitage, Thatcham, RG18 9TD
Applicant:	Landmark Estates
Recommendation:	to DELEGATE to the Head of  Development & Planning to  APPROVE PLANNING PERMISSION subject to conditions

 

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 18/00833/FULD in respect of the demolition of a garage and the erection of a convenience store with 4 x apartments above and erect 4 dwellings.

In accordance with the Council’s Constitution,
Ms Ruth Cottingham, Parish Council representative, Mr Ian Whipp and Mr Chris Genge, objectors, and Mr Philip Holdcroft, applicant/agent, addressed the Committee on this application.

David Pearson introduced the report to Members of the Committee which was recommended for conditional approval and ran through the key points. David Pearson reported that since the report had been written Officers had heard from the viability assessor and it had been confirmed that the site could deliver 20% affordable housing.

David Pearson referred Members to the update sheet where there was an updated recommendation for approval and a recommendation for refusal if a S106 legal agreement to secure affordable housing was not completed within the specified time.

Parish Council Representation

Ms Cottingham in addressing the Committee raised the following points:

·         Hermitage Parish Council had a number of concerns. First the proposed Cooperative (Co-op) convenience store was out of keeping with the area and would dominate the street scene.

·         Hermitage was considered to be a dark village at night and there was concern that the store would light up the road.

·         Issues of traffic and highway safety on this stretch of road were raised with the Parish Council on a regular basis.

·         Shoppers would be unlikely to walk to the store on foot as they would have to carry heavy shopping bags. It was therefore anticipated that car usage would be high. Those on foot would have to wait long periods of time in order to cross the busy B4009. Those wishing to travel to the shop by bus would have to wait up to two hours for a service.

·         Whilst consulting on the parish plan, it had been discovered that young people had concerns about crossing the road in Hermitage. The pedestrian crossing near Priors Court Road and the mini roundabout were not considered to be safe.

·         The development would put the junction with Priors Court Road under increased pressure.

·         There had been a number of near misses involving vehicles trying to leave Station Road.

·         Deliveries to the store between 6am and 10pm plus refuse collections, would cause disturbance to residents living nearby, particularly those living in Charlotte’s Close.

·         There would be consequences if the application was approved. If the store was successful then the village would lose the Post Office and the repeat prescription service it offered.

·         Only three quarters of the mini roundabout at the junction with Priors Court Road and Station Road fell within the parish of Hermitage. The other quarter fell within the Parish of Chieveley. Chieveley Parish Council had also stated concerns about traffic safety in this area.

·         Chieveley Parish Council was not opposed to the application however wanted to see a traffic plan enforced.

·         If the application was approved, Ms Cottingham stated that she would like to see the hours of closing brought back to 9pm. She would also like to see CIL funding used for improving highway safety, particularly the mini roundabout leading to Priors Court Road.

Member Questions to Parish Council

Councillor Keith Chopping asked how far away a similar convenience store was from Hermitage. Ms Cottingham was unsure of the exact distance to the nearest convenience store however, there was a shop already located within the village garage and a Marks and Spencer’s at the Service Station in Chieveley. There was also a Tesco Store in Thatcham, which was about a five minute drive and a shop at the former NAAFI in Curridge.

Councillor Alan Law stated that he had listened to Ms Cottingham’s objections with interest and asked how the customers to the new store compared to those who visited the small shop already located within Hermitage. Ms Cottingham stated that the proposed store was larger and therefore there would be a larger number of customers, due to the product range. Councillor Law asked specifically how individuals would be affected differently. Ms Cottingham had made reference to those walking to the store from the north, having to walk up a long hill and Councillor Law could not see how this experience differed for those travelling to the current village store on foot. Ms Cottingham was concerned that more people visiting the shop would be minded to visit by car. It was noted that this was also the case at the current village store. 

Councillor Richard Crumly referred to traffic safety concerns raised and noted that the site was currently used for vehicle sales and hire. He queried how the impact of traffic safety would be any different between that which existed and the proposal. Ms Cottingham stated that there were 14 spaces planned for the new store, which was more than what was required for a store of that size and therefore more customers had to be expected in her view.

Councillor Marigold Jaques noted that cars parked outside the current shop, created traffic calming and felt that it would be safer to have cars use a designated car park rather than parking on the road. Ms Cottingham felt that the current situation helped to slow road users down.  

Councillor Graham Bridgman commented that he had initially been concerned about the increase in shopping facility however, Hermitage was designated as a service village in the Core Strategy and Councillor Bridgman was surprised that the Parish Council were against providing a new shopping facility for local people. Ms Cottingham stated that the Parish Council was concerned about the amount of traffic that would be generated from the development, which would be detrimental to safety. There was also concern about the impact the development would have on the quality of life of residents living close by, particularly with regards to long opening hours, deliveries and lighting.

Councillor Pamela Bale noted that there were signs on the railings outside of the site stating ‘no parking’ however, these were not adhered to and Councillor Bale commented that the application would implement a more controlled arrangement. Ms Cottingham hoped that this would be the case if the application was approved.

Objectors’ Representation

Mr Whipp and Mr Genge in addressing the Committee raised the following points:

·         There was concern about the proximity of the site to nearby homes. Residents would be faced with the sounds of deliveries taking place throughout the day.

·         The proposal was for a noisy and lit development that was out of keeping with the rest of the village.

·         Recently the Committee had refused a proposal for a much quieter business than that proposed and this had been allowed at appeal. The rejected proposal had included opening hours of 7am until 7pm Monday to Friday; 7am to 1pm on a Saturday and no opening hours on a Sunday. It was felt that the hours proposed for the new Co-op Store were a step too far.

·         Mr Genge stated that the application site was adjacent to two other developments in the village. Mr Genge pleaded that if Members were minded to approve the application that a joint traffic management plan be drawn up, rather than being left to the developer.

·         Regarding existing shopping facilities in the village there was a shop on the army camp at Curridge and one on the village street so there were already ample facilities available.

·         If the site were to be approved, a plea was made that arrangements were coordinated with the other two developments planned for in Hermitage to reduce disruption.

Questions to Objectors from Members

Councillor Emma Webster asked for details of the business that had been overturned at appeal. It was confirmed that it was a storage and distribution centre.

Councillor Chopping noted that Mr Whipp had stated that he was concerned about the 6am opening time however, the conditions within the report confirmed that this had been amended to 7am. Mr Whipp noted Councillor Chopping’s comment.

Councillor Jaques commented that the site was adjacent to a public house, which would stay open to 11pm most evenings and therefore there was already predominant activity in the area. Mr Genge stated that the public house had not caused a problem in the 25 years that he had lived in the village and Mr Whipp concurred.

Councillor Law noted that there were two other shop facilities close by and queried if there was a condition relating to delivery times to the proposed store. Councillor Law felt that it would be good if delivery times could be coordinated between the establishments.

Agent Representation

Mr Holdcroft in addressing the Committee raised the following points:

·         He clarified that he was the Planning Manager for the application and thanked the Committee for the opportunity to speak. He stated that Mr Pearson had summarised the key planning issues in his presentation.

·         Planning officers had highlighted no issues with the principle of the proposed development site. The site was within the Area of Outstanding Natural Beauty (AONB) and the applicant had worked closely with Planning Officers from the Local Authority and as a result changes to opening time for the store had been changed from 6am until 7am.

·         There were no Planning Policy issues associated with the site and no concerns had been raised by the Environment Agency.

·         Affordable Housing had been identified for the site and if satisfied that this was justified the applicant hoped to prepare a Section 106 agreement accordingly.

·         No lighting or signage had yet been proposed for the site.

·         The Cooperative Food Company only used vehicles that had white noise reversing sensors. Also as stated in the Delivery Service Management Plan, there would be no articulated lorries used.

·         The internal road to the site was 6.6 metre wide, which would allow cars to pass even if there was a lorry parked for delivery purposes.

·         The Co-op store would provide a modern grocery shop that would be self-contained. It would create employment for 20 people.

·         The design and materials proposed had been deemed as acceptable.

·         Overall it was a credible application, which was well located. The site would also provide family homes in the area.

Questions to Agent from Members 

Councillor Graham Pask noted that Mr Holdcroft had mentioned an amended opening time and asked for clarification on this. Mr Holdcroft stated that the original opening/closing time was 6am until 11pm and this had been shortened to 7am to 10pm.

Councillor Bale noted the revised opening times however, queried how long people would be working in the store either side of these times. Mr Holdcroft was unable to answer this question but predicted that the Store Manager would need to be at work from 6am.

Councillor Webster noted that the site had been identified as suitable for affordable housing and that Mr Holdcroft had commented that if the applicant was satisfied that this was justified it would be delivered. Councillor Webster asked for reassurance on this point. Mr Holdcroft stated that the Council’s consultant had concluded that the site was almost compliant in being able to deliver 20% affordable housing. Mr Holdcroft stated that the applicant wanted further detail on this statement so that they could be sure about what needed to be delivered. Councillor Webster used this as an opportunity to raise with Members that there had been changes made recently to the National Planning Policy Framework (NPPF) regarding how the viability of affordable housing should be handled by LPAs and that Members needed to be mindful of this change.

Councillor Chopping asked Mr Holdcroft how he felt about Ms Cottingham’s request to bring the closing time forward to 9pm. Mr Holdcroft was hesitant to comment on this point as the applicant had already reduced the opening hours to 7am to 10pm.

Councillor Bridgman noted that the report said that the store would provide two full time jobs and 16 part time jobs and queried what parking provision there would be for these posts. Mr Holdcroft stated that there would be two designated parking places for staff along with a number of cycle bays. The Cooperate Food Company operated a protocol on parking.

Councillor Crumly noted that the Parish Council were concerned about traffic close to the site. The busy B4009 was already a dangerous road and therefore the Parish Council was of the view that the applicant should be implementing a traffic system. Mr Holdcroft stated that they were following the guidance given by the Highways Officer that although the mini roundabout (at Prior Court Road/Station Road) was busy, the development if approved, would not increase traffic enough to cause a problem.

The Chairman stated that there had been concern raised by Members when they had visited the site regarding lorries reversing into the customer car park. Councillor Pask asked approximately how many deliveries there would be and what the timings would be. Mr Holdcroft stated that this information was set out in the application. Page five of the application, set out what vehicles would be used.  The larger Cooperative lorries would be used once/twice per day and the delivery window would be between 8am and 10pm. This could be reduced so that it did not clash with parents taking children to school. Regarding other deliveries, there would be a delivery of newspapers, which would use a transit van and then a delivery of sandwiches at 6am.

Councillor Tim Metcalfe asked in relation to parking, if there was a health and safety protocol. Mr Holdcroft stated that the lorries would not be reversing in-between parked cars. Gareth Dowding showed the exact manoeuvre the lorries would make on a power-point slide showing the car park. Councillor Bale reiterated concerns about the noise from deliveries in un-sociable hours and the disturbance of this to nearby dwellings.

Ward Member Representation

Councillor Quentin Webb as Ward Member raised the following points:

·         During the site visit Members had asked about the loss of employment and the site being retained for employment.

·         They had been provided with an update on this for the meeting and Councillor Webb advised Members that the Forest Edge development at the north end of the village did have an employment area reserved and protected. However, despite marketing efforts, no interest had been shown for the site and as a result the site had since been developed as residential.

·         In general Councillor Webb was in favour of the application as he appreciated that the amenity currently provided in the area was minimal.

·         Regarding highway concerns, he noted that Highway Officers had stated that they found the provisions acceptable but in his opinion, this was marginal.

·         He felt that the application was a definite improvement over the existing use however, he felt that parking on Newbury Road should be subjected to double yellow lines. Parking along the road had been very disruptive causing traffic and no way through for footway users. 

·         Councillor Webb felt that advertising, hoarding, outside lighting and noise issues should be conditional and bespoke for the site.

·         Councillor Webb stated that he would normally be concerned about the effect on the other retail outlets in the area however competition was not a planning reason for refusal.

·         In summary Councillor Webb stated that the application complied with CS14 as it was high quality and good design; CS19 as it would be distinctive and completed the village; ADPP5 as Hermitage was a service village and this would help it to enhance and evolve and finally the development was within the village envelope.

Member Questions to the Ward Member

Councillor Law asked what the opening times were for the existing shop and Post Office were and Councillor Webb was unable to give exact times. Councillor Richard Somner stated that he had been able to check and that the Londis opened at 7.30am and closed at 6pm and the CostCutter opened at 7.30am and closed at 9pm.

Member Questions to Officers

Councillor Webster noted the points made by the Parish Council regarding increased pressure on the mini roundabout and asked for clarification from the Highway Officer. Gareth Dowding stated that an ARCADY roundabout capacity programme check had been carried out on the existing mini roundabout and the final RFC value obtained was 0.85 which was within acceptable capacity limits. It would therefore be difficult to refuse the application on highway grounds. Councillor Webb noted that Ms Cottingham had stated that parked cars had created necessary traffic calming in the area and therefore Councillor Webb asked if traffic calming was something that could be considered. Gareth Dowding stated that traffic calming measures would not be appropriate for the location being considered.

The Chairman noted that there were two developments close to the application site and asked if these had been taken into account when making traffic projections. Gareth Dowding confirmed that any application that had been approved or was proposed was taken into account.

Councillor Chopping asked how much additional development was planned for Hermitage. David Pearson stated that there were allocated sites, including one to the back of Charlotte’s Close. One application for the area was currently at appeal. Councillor Chopping referred to the DPD site and David Pearson confirmed that this was not an overly large site.

Councillor Chopping asked if there was anything included in planning policy regarding one organisation causing another to become unsustainable and David Pearson confirmed that competition was not usually a material planning consideration.

Councillor Chopping asked for clarification on the white noise reversing sensors and Gareth Dowding confirmed that the noise created by these sensors was more like a hissing noise compared to the traditional beeping sensors.

Councillor Crumly noted that the site was currently used for the unauthorised use of storage and distribution and asked if enforcement action could be taken if the current application was not approved. David Pearson stated that the Enforcement Team would be asked to investigate, however it was possible the site would be granted retrospective planning permission if an application were made.

Councillor Bridgman noted that lorries would be fitted with white noise reversing sensors however, asked if all vehicles would be fitted with these including transit vans or whether this could be enforced. Gareth Dowding stated that it depended on the size of a vehicle as to whether sensors were required. David Pearson stated that this would be difficult to enforce this as a condition as planning conditions applied to the land.

Councillor Law referred to the point made by the objectors regarding the coordination of timings across development sites to help minimise disruption to the local area. There were three sites being developed and Councillor Law queried if the start and finish times could be coordinated. David Pearson stated that this could be looked into.

The Debate

Councillor Chopping stated that he had attended the site visit and had felt that the site was currently unattractive. He was surprised regarding the level of objection because in his view, the proposal would smarten the site up. He did however, feel that the scheme was unimaginative and an opportunity had been missed by the applicant to build much needed starter homes in the area. Two affordable homes would be provided as part of the development and overall the amount of buildings covering the site was small compared to what was currently there (approximately one third of the footprint). Councillor Chopping agreed with Mrs Cottingham’s plea to bring the closing time of the Co-op store forward to 9pm.

Councillor Tim Metcalfe supported the provision of a new convenience store for the people of Hermitage and surrounding area. He sympathised with residents over their concerns about increased noise. Councillor Metcalfe felt that something needed to be done about the road outside of the site (B4009) and felt that double yellow lines could help the situation. There were West Berkshire Council signs instructing people not to park on the road however, these were obviously ignored. Councillor Metcalfe was concerned that deliveries would be made in articulated lorries as these were often used to deliver to the Co-op Store in Pangbourne. He was however, aware that there were conditions to help prevent this. Councillor Macro reassured Councillor Metcalfe that deliveries to the Co-op Store in Theale were only ever made using rigid vehicles. Councillor Macro stated that he was concerned about the noise of reversing alarms and safety however, he hoped the relevant conditions were enough to minimise issues.

Councillor Law stated that he supported the points made by Councillor Chopping. The site being considered was clearly a brownfield site within a service village, that was increasing in size and therefore he considered the application to be appropriate. He sympathised with residents living close by however felt that the proposal would improve the appearance of the site. Councillor Law was concerned that he could not find a condition stipulating that deliveries should not be made using articulated lorries. Apart from this Councillor Law felt that the proposal would enhance the village as it grew. Councillor Webster highlighted that the detail Councillor Law had referred to regarding articulated lorries was included within the update report (section four).

Councillor Webster sympathised with residents living nearby and understood that any change in activity could be upsetting. Councillor Webster was concerned about deliveries. She understood that newspapers would be required from when the shop opened however, felt that other deliveries should be restricted until after 7am.

Another key issue that Councillor Webster raised was the delivery of affordable housing. She was disappointed that the applicant only ‘hoped’ to deliver the affordable housing accordingly, when this was a key reason for Members to support the application. Councillor Webster hoped that the application did not have to return to Committee for affordable housing reasons.

Councillor Bridgman stated that he was also happy to support the application. Where he lived, there was a larger convenience store and it was of great use to the local community. It had also been highlighted by Councillor Webster that ADPP5 needed to be considered. Although Councillor Bridgman was happy to support the application he suggested that condition 11 be amended to bring the closing time back to 9pm

Councillor Chopping proposed that Members approve the application subject to the change to condition 11, as outlined by Councillor Bridgman. This was seconded by Councillor Bridgman.

Councillor Law was concerned about bringing the closing time forward to 9pm. He would have felt this to be a valid suggestion had the site not been located next to a public house. Councillor Webster concurred with Councillor Law. David Pearson stated that Members had heard from the agent that the opening hours had already been reduced  a further reduction would have a negative impact on the viability of the site. A reduction in viability would need to be factored in when negotiating the offer for affordable housing.

The Chairman invited Members to vote on the proposal by Councillor Chopping and seconded by Councillor Bridgman and at the vote the motion was not carried.

Councillor Webster proposed that Members approve the proposal subject only to the conditions outlined in the report and update sheet and this as seconded by Councillor Law. 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.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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

2.    The development hereby permitted shall be carried out in accordance with the approved drawing  and other documents listed below;

(i)            Drawing No 8966/400 Rev G received on 31^st May 2018;

(ii)          Drawing No 8966/401 Rev D received on 24^th July 2018;

(ii)        Drawing No 9866/402 received on 19^th March 2018;

(iii)       Drawing No 8966/403 received on 19th March 2018;

(iv)       Drawing No 8966/404 received on 19th March 2018;

(v)        Drawing No 8966/405 received on 19th March 2018;

(vi)       Drawing No 8966/406 Rev C received on 24^th July 2018;

(vii)      Drawing No 8966/407 Rev C received on 31^st May 2018;

(viii)     Drawing No 2137/1B received on 16^th April 2018.

(vix)     Delivery and Servicing Management Plan Prepared by ADL Traffic & Highway Engineering Ltd Ref ADL/AJM/3737/16A dated March 2018, received on 16^th April 2018;

(x)        Surface Water Drainage Strategy prepared by Pitman Associates dated March 2018 received on 16^th April 2018;

(xi)       Noise Impact Assessment prepared by KR Associates (UK) ltd dated 4^th April 2018, received on 16^th April 2018;

(xii)      Transport Statement Prepared by ADL Traffic & Highway Engineering Ltd Ref ADL/AM/3737/16A dated March 2018, received on 16th April 2018;

(xiii)     Phase 1 Desk Study prepared by Soils Ltd Reference 16616/DS dated December 2017, received on 16^th April 2018

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

3.     No development shall take place until a schedule of the materials to be used in the construction of the external surfaces of the dwellings and hard surfaced areas hereby permitted has been submitted to and approved in writing by the Local Planning Authority.  This condition shall apply irrespective of any indications as to these matters which have been detailed in the current application.  Samples of the materials shall be made available for inspection on request. Thereafter the development shall be carried out in accordance with the approved materials.

Reason:   To ensure that the external materials are visually attractive and respond to local character.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

4.    No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.  The statement shall provide for:

a)  The parking of vehicles of site operatives and visitors

b)  Loading and unloading of plant and materials

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 19912006 (Saved Policies 2007).

5.    The existing vehicular access at the site shall be stopped up and abandoned immediately after the new accesses hereby approved have been brought into use.  The footway shall, at the same time as the stopping-up and abandonment, be reinstated to the satisfaction of the Local Planning Authority.

Reason: In the interest of road safety and highway maintenance.  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.    No development shall take place until visibility splays of 2.4 metres by 43 metres have been provided at the 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 imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

7.    The shop unit shall not be brought into use and no dwelling shall be occupied until the vehicle parking and turning space have been surfaced, marked out and provided in accordance with the drawing no 8966/400 Rev G received on 31^st May 2018.  The parking and turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

Reason: To ensure the development is provided with adequate parking facilities, in order to reduce the likelihood of roadside parking that would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy P1 of the Housing Site Allocations DPD (2006-2026).

8.    No development shall take place until details of the proposed accesses into the site have been submitted to and approved in writing by the Local Planning Authority.  As a first development operation, the vehicular, access and associated engineering operations shall be constructed in accordance with the approved drawings.

Reason: To ensure that the accesses into the site are constructed before the approved buildings in the interest of highway safety. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026).

9.    No development shall take place until details of the cycle parking and storage space have been submitted to and approved in writing by the Local Planning Authority.  The shop unit shall not be brought into use and no dwelling shall be occupied until the cycle parking and storage space has been provided in accordance with the approved details and retained for this purpose at all times.

Reason: To ensure that there is adequate and safe cycle storage space within the site.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy P1 of the Housing Site Allocations DPD (2006-2026).

 

10. No development shall take place until the following details have been submitted to and approved in writing by the Local Planning Authority;

a)    written details concerning any proposed air handling plant associated with the development including;

i)       the proposed number and location of such plant as well as the manufacturer’s information and specifications

ii)     the acoustic specification of the plant including general sound levels and frequency analysis under conditions likely to be experienced in practice.

iii)    the intended operating times.

b)     The findings of a noise survey (undertaken in accordance with BS4142 or such other standard acceptable to the Local Planning Authority) to determine noise levels in the vicinity of the proposed development and calculations showing the likely impact of noise from the development;

c)    A scheme of works or such other steps as may be necessary to minimise the effects of noise from the development;

d)    No development shall take place until written approval of a scheme under (c) above has been given by the Local Planning Authority. All works forming part of the scheme shall be completed before any of the dwellings is first occupied or the shop is brought into use, whichever occurs first.

Reason:  To safeguard the amenities of surrounding occupiers.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS14 of the West Berkshire Core Strategy (2006-2026) and  Policies OVS5 and OVS6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

11. The opening hours of the A1 shop unit hereby permitted is to be restricted to the following hours:

07:00 -22:00 Sundays to Mondays and Bank Holidays.

Reason:   To safeguard the amenities of surrounding occupiers.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policies OVS5 and OVS6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

12. Notwithstanding the approved Delivery and Servicing Management Plan Prepared by ADL Traffic & Highway Engineering Ltd Ref ADL/AJM/3737/16A dated March 2018, received on 16th April 2018;  no deliveries shall be taken at or despatched from the site outside the following hours:

07:00- 19:00 by vehicles larger than a transit van

06:00 -19:00 by vehicles smaller than a transit van.

Reason:   To safeguard the amenities of surrounding occupiers.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policies OVS5 and OVS6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

13. 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;

nor at any time on Sundays or Bank Holidays.

Reason:   To safeguard the amenities of adjoining land uses and occupiers.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS14 of the West Berkshire Core Strategy (2006-2026)

14. No development shall take place until full details of the design and external appearance of the shop front, including the fascias, have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out and retained thereafter in accordance with the approved details.

Reason:  The application does not contain sufficient details of the shop fronts to enable the Local Planning Authority to give proper consideration to those matters. 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), Supplementary Planning Document Quality Design (June 2006), Supplementary Planning Guidance ‘Shopfronts’ and the Village Design Statement for Hermitage.

15. No development shall take place until details of the external lighting to be used in the areas around and on the A1 shop building and dwellings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved scheme before the buildings hereby permitted are occupied.   No external lighting shall be installed except for that expressly authorised by the approval of details as part of this condition.  The approved external lighting shall thereafter be retained.

Reason: The Local Planning Authority wish to be satisfied that these details are satisfactory, having regard to the setting of the development and to protect the amenities of adjoining landusers and the character of the area.  The area is unlit at night and benefits from dark night skies.  Inappropriate external lighting would harm the special rural character of the locality, and to ensure that bats are not deterred from using the bat roosts.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies C14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).16.           No development shall take place until details, to include a plan, indicating the positions, design, materials and type of boundary treatment to be erected has been submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed in accordance with the approved before the buildings hereby permitted are occupied. The approved boundary treatments shall thereafter be retained.

Reason: The boundary treatment is an essential element in the detailed design of this development and the application is not accompanied by sufficient details to enable the Local Planning Authority to give proper consideration to these matters. 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), Supplementary Planning Document Quality Design (June 2006) and the Village Design Statement for Hermitage.

16.  The boundary treatment indicated on Drawing NO 2137/1M received on 16th April 2018 shall be completed in accordance with the approved before the buildings hereby permitted are occupied. The approved boundary treatments shall thereafter be retained.

Reason: The boundary treatment is an essential element in the detailed design of this development. 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), Supplementary Planning Document Quality Design (June 2006) and the Village Design Statement for Hermitage.

17. No development (except demolition and site clearance works) shall 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).

18.    No development (except demolition and site clearance works) shall 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).

19.    The remediation scheme for land contamination (approved pursuant to Condition 18) 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), the development shall not be first 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).

20.      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 18, and where remediation is necessary a remediation scheme shall be prepared in accordance with the requirements of Condition 19.  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, the development shall not be first 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).

21.      The remediation scheme for land contamination (approved pursuant to Condition 19) 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), the development shall not be first 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).

22. 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 18, and where remediation is necessary a remediation scheme shall be prepared in accordance with the requirements of Condition 19.  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, the development shall not be first 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).

23.    Following completion of the measures for the monitoring and maintenance of the effectiveness of the land contamination remediation approved under clause (d) of Condition 18 (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 two 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).

24. No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.

Reason: The proposed works will be in close proximity to underground sewerage utility infrastructure. Piling has the potential to impact on local underground sewerage utility infrastructure, and to prevent flooding.  This condition is imposed accordance with the National Planning Policy Framework (March 2012), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006).

25.    No development shall take place until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority. These details shall:

a)            Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with the Non-Statutory Technical Standards for SuDS (March 2015), the SuDS Manual C753 (2015) and West Berkshire Council local standards;

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

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

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

e)         Include a management and maintenance plan for the lifetime of the development.  This plan shall incorporate arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a residents’ management company or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime; and

f)          Ensure proposed finished floor levels are set a minimum of 150mm above surrounding ground levels.

The above sustainable drainage measures shall be implemented in accordance with the approved details before the dwellings are first occupied or in accordance with a timetable to be submitted and agreed in writing with the Local Planning Authority as part of the details submitted for this condition.  The sustainable drainage measures shall be maintained and managed in accordance with the approved details thereafter.

Reason:   To ensure that surface water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can be, and is carried out in an appropriate and efficient manner.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), and Part 4 of Supplementary Planning Document Quality Design (June 2006).  A pre-condition is necessary because insufficient detailed information accompanies the application and so it is necessary to approve these details before any development takes place.

26.    No development shall take place until details of the provision for the storage of refuse and recycling materials for the development have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the refuse and recycling facilities have been provided in accordance with the approved details and shall be retained for this purpose thereafter.

Reason:   To ensure that there is adequate and safe refuse/recycling facilities within the site.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).     

27.    No development or other operations shall commence on site until a detailed scheme of landscaping for the site is submitted to and approved in writing by the Local Planning Authority. The details shall include schedules of plants noting species, plant sizes and proposed numbers/densities, an implementation programme and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.  The scheme shall ensure;

a)   Completion of the approved landscape scheme within the first planting season following completion of development.

b)     Any trees shrubs or plants that die or become seriously damaged within five years of this development shall be replaced in the following year by plants of the same size and species.

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

And subject to the following informative notes;

1.    The Highways Manager, West Berkshire District Council, Transport & Countryside, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 519887, 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.

2.    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

3.    The attention of the applicant is drawn to the Highways Act, 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

4.    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

5.    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.

OR

If a S106 legal agreement to secure affordable housing is not completed within the above specified time, to delegate to the Head of Development and Planning to REFUSE PLANNING PERMISSION for the reason listed below.

Reason:

S106 Planning obligation

The application fails to provide a Section 106 Planning Obligation to deliver   affordable housing, without which the proposal would be contrary to the NPPF, Policy CS6 of the West Berkshire Core Strategy (2006-2026), and the Planning Obligations SPD.