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Agenda item

Application No. & Parish: 18/02485/OUTMAJ - Land North Of Dauntless Road and South Of Pondhouse Farm, Clayhill Road, Burghfield Common

Proposal:

Outline application for residential development of up to 100 dwellings with new cycle pedestrian access onto Coltsfoot Way and two vehicular accesses onto Clayhill Road.  Matters to be considered: Access.

Location:

Land North Of Dauntless Road and South Of Pondhouse Farm, Clayhill Road, Burghfield Common, Reading, Berkshire.

Applicant:

Englefield Estate Trust Corporation Ltd

Recommendation:

Delegated to the Head of Development and Planning to grant outline planning permission subject to the completion of a section 106 agreement.

 

Minutes:

(Councillors Graham Pask and Peter Argyle declared a personal interest in Agenda Item 4(1) by virtue of the fact that the Member of Parliament (MP) Richard Benyon was a director of Englefield Estate and both Councillor Pask and Argyle lived within his constituency. As their interest was personal and not prejudicial or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.)

(Councillor Joanne Stewart declared a personal interest in Agenda Item 4(1) by virtue of the fact that she was a member of Holybrook Parish Council’s Festival Committee, which obtained services, such as marquee hire, from Englefield Estate. As her interest was personal and not prejudicial or a disclosable pecuniary interest, she determined to remain to take part in the debate and vote on the matter.)

(Councillor Ross Mackinnon declared a personal interest in Agenda Item 4(1) by virtue of the fact that that the wife and mother of Richard Benyon MP, Director at Englefield Estate, had signed his nomination forms when becoming a Councillor for West Berkshire Council.)

As the Chairman had given his apologies for this meeting and Councillor Royce Longton (who was Ward Member for items 4(1) and (3)) felt it inappropriate, on this occasion, to chair items 4(1) and (3) it was necessary to appoint a Member to Chair both items. Councillor Andrew Williamson proposed Councillor Graham Pask and this was seconded by Councillor Peter Argyle and agreed by the Committee.

 (Councillor Graham Pask in the Chair)

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 18/02485/OUTMAJ in respect of an outline application for residential development of up to 100 dwellings with new cycle pedestrian access onto Coltsfoot Way and two vehicular access points onto Clayhill Road.  The matter to be considered was access.

Mr Michael Butler, Principal Planning Officer, introduced the report and highlighted the following points:

·           The application was seeking planning permission for a residential development of up to 100 dwellings and the only matter for consideration was access. All other matters including appearance, landscaping, layout and scale were to be considered at a later stage under reserved matters applications. 

·           The Council had received in excess of 10 letters objecting to the application.

·           Approval was recommended, subject to the completion of a Section 106 Agreement.

·           The site lay within the settlement boundary, which was agreed in May 2018 as part of the Housing Sites Allocation Development Plan Document (HSA DPD).

·           The applicant had agreed to accept a S106 planning obligation, which would secure 40% of the homes as affordable, which equated to 40 units. The applicant would also provide a sum of £22k towards the public open space and £4k towards the construction of the new off-site footpath link to Coltsfoot Close.

·           Mr Butler ran through the consultation responses, which were summarised under section 4.3 of the report.

·           It was confirmed that the applicant had carried out a range of in-depth studies including a Habitat Ecology Assessment.

·           Regarding Policy HSA15, the Highways Officer and Case Officer (Mr Butler) had been involved in considerable negotiation with the applicant’s agent about the creation of the new footpath and cycleway link between the application site and Coltsfoot Close. It was concluded by the Highways Officer and Case Officer that as matters of access were to be agreed, it was the appropriate time to consider this matter, which was also a requirement under Policy HSA15.

·           Mr Butler confirmed that there would be no vehicle access through Coltsfoot Close if the application was approved.

·           It was understood by Officers that there would be a degree of visual impact if the application was approved however, this was outweighed by the benefit of the additional housing that would be provided on the site.

·           Regarding ecology, a number of objections had identified specific concerns regarding West Berkshire Council’s intention to approve the application with the new footpath/cycleway link, which would pass through a small section of woodland from Pond House Copse, which had been identified as ancient woodland. Officers considered that that the minimal loss of the section of woodland was outweighed by the substantial future public benefits if the access was agreed.

·           Two further objections had been received and were detailed in the update sheet. Mr Butler confirmed that 15 metres was the minimum buffer required and not 50 metres as stated by one of the objectors.

·           The update sheet also detailed comments from the Woodland Trust, plus updates to conditions 7, 19, 20, 21, 22, 24 and 25.

In accordance with the Council’s Constitution, Mr Paul Lawrence, Parish Council representative, Ms Alison May, objector, Mr Phil Brown, applicant/agent and Councillor Graham Bridgman, Ward Member, addressed the Committee on this application.

Parish Council Representation:

Mr Lawrence in addressing the Committee raised the following points:

·         Burghfield Parish Council had objected to the original application due to its concerns about access to the site and had asked for a second vehicle access to be considered. This was now included within the current application however, the Parish Council still had concerns.

·         The site could bring a further 220 vehicles to the area and there was concern about visibility when exiting the site.

·         The Clayhill Road junction with Sulhampstead Road was particularly busy and the development would further impact on the road system.

·         The Parish Council wanted to see further imagination applied to how the site could be accessed. Alternative access options that resolved concerns about further traffic congestion and avoided an existing pinch point in the road would be preferable.

Member Questions to the Parish Council:

Councillor Andrew Williamson asked to see a map of the area and subsequently the areas that Mr Lawrence was particularly concerned about with regards to traffic. Mr Lawrence highlighted that to the left hand corner of the site there was a width restriction and the maximum speed limit reduced from 40mph to 30mph. He stated that this area was particularly busy in peak times and additional traffic would cause a real problem. This was also an area that parents used for walking children to and from school. Speeding vehicles was also a current problem. If the application was approved and caused an increase in traffic, then, in Mr Lawrence’s view, traffic calming measures were required.

Objector Representations:

Ms May in addressing the Committee raised the following points:

·         Ms May referred to the ancient woodlands within the local landscape and confirmed that there had once been three areas of ancient woodland, which had been reduced to two.

·         The copse and farm area had once been referred to as the ‘great copse of Burghfield’.

·         Pondhouse Farm dated back 400 years.

·         An Ancient Woodland Sensitivity Survey had not been carried out.      

·         Ms May was aware that there were five protected wildlife species inhabiting the site. Dormice lived in area where the proposed access was to be located.

·         West Berkshire Council did not employ their own Ecology Officer.

·         Organisations including The Woodland Trust and Natural England were of the view that a buffer should be larger than 15 metres. This had been completely disregarded.

·         Locally, Spitfire Homes had been refused permission to build 40 homes in the area however, the Pondhouse application was over double the size, with associated wildlife sensitivities.

·         Ms May did not believe that SuDs should be located within the ancient woodland buffer zones.

·         Members had a choice in Ms May’s view. They could continue to be part of the problem that was destroying natural woodland or they could be part of the solution for future generations.

·         Ms May referred to the declaration by Councillor Mackinnon that Richard Benyon’s wife and mother had signed his nomination forms and stated that this was misleading.

Member Questions to the Objector:

At this stage Councillor Ross Mackinnon attempted to ask Ms May a question however, Ms May disregarded his question and returned to the audience.

Agent’s Representations:

Mr Brown in addressing the Committee raised the following points:

·         He was one of the Directors at Savills Planning Division. .

·         The Planning Officer’s report in his view, was well balanced and addressed all issues raised by the consultees.

·         There were still concerns being raised regarding the ancient woodland and therefore Mr Brown stated that he would concentrate on this point.

·         Some of the site fell onto an area of ancient woodland and some of this area would therefore be affected if the application was approved.

·         Every care would be taken to minimise the impact on the ancient woodland including the implementation of a 15 metre buffer.

·         The proposed SuDs feature would be provided within the buffer to the ancient woodland and Government guidance allowed for this.

·         The proposal would not negatively impact upon the water table.

·         A tree survey had been carried out and concluded that only shrubs would be affected rather than mature trees. Felling of trees would not be required to make way for the proposed footpath and cycleway link.

·         Regarding Ms May’s point about identified species on the site, an ecology report had been submitted and did not identify any species to be inhabiting the site. 

·         Regarding concerns about the access onto Clayhill Road, a Road Safety Audit had been carried out to ensure the proposed  second access would be a safe option. It was predicted that there would be 47 extra traffic movements generated by the site [in peak hour] and it had been concluded by the Highway’s Officer that there were no highway safety issues.

·         If approved the application would benefit the area through the development of 100 homes, which complimented policies for affordable housing. The site would also bring social and economic benefits to the area.

·         The proposed buffer would provide an extra area of copse in addition to Pondhouse Copse and Clayhill Copse.

Member Questions to the Agent:

Councillor Alan Macro asked Mr Brown to confirm that no trees would need to be cut down when constructing the footpath/cycleway link. Mr Brown did not believe that any trees would affected however, there were also measures in place to deal with any sensitive issues that might arise.

Councillor Geoff Mayes noted that the SuDs would be located within the buffer zone and queried how this would not affect ground water levels. Mr Brown confirmed that the water would be able to drain away at greenfield rate. The site was covered by a layer of clay and therefore the water would not infiltrate, but would flow off the site into a brook via the ancient woodland at no greater than greenfield run-off rates.

Councillor Mayes still felt unclear and further queried if the pond would be located in the forested area. Mr Brown confirmed that the pond Councillor Mayes was referring to would be located within the buffer.

Councillor Williamson referred to the expected level of traffic movements from the site and felt that the figure of 47 was low. He queried how this was calculated. Mr Brown stated that the same query had been raised at one of the public exhibitions on the plans for the site. He stated that people assumed that because there were 100 dwellings proposed there should be 100 traffic movements however, in recent times this was not the case, due to increased home working and shared school runs. A model was used to calculate the expected traffic movements from the site.

Councillor Royce Longton noted, in the two additional objections included with the update sheet, that Hazel Dormice has been identified in the site and queried if this was the case. Mr Brown confirmed that a detailed ecology survey had been carried out and no Hazel Dormice had been identified.

Ward Member Representation:

Councillor Graham Bridgman in addressing the Committee raised the following points:

·         He had not intended to speak on the application as Burghfied had not formed part of his ward prior to May 2019 however, he had received an email from a resident overlooking the proposed pathway and he raised the following points on their behalf:

·         There was little detail published in that area of the plan and the detail that existed was vague. 

·         The notice in the resident’s road still referred to vehicular access and a change of road name from "Close" to "Way" which was felt to be significant. It had been confirmed verbally that this was a mistake, but it was felt that it needed to be rectified in writing/with a new planning notice.

·         There was fear that a vehicular access could be created retrospectively, particularly as the proposed path seemed rather wide for pedestrians and cycles only.

·         The resident also objected to the woodland being carved up unnecessarily. It was felt that the area was an asset to the whole community as well as needing environmental protection and should be left for future generations.

Member Questions to Officers:

The Chairman referred to the apparent change of road name and asked for comments from Officers. Mr Butler confirmed that reference was being made to the site notice address as Coltsfoot Way , and this was an error, but  made no difference to the merits of the case. He confirmed that there would be no vehicular access through Coltsfoot Close .

Councillor Longton asked the Highways Officer, Mr Gareth Dowding, to respond to concerns raised by the Parish Council regarding access. Mr Dowding stated that Highway’s Officers had looked at the number of vehicle movements expected. He stated that he would assume that 61 would be the maximum number of movements in peak hour ,  however, the agent had used a TRICS System and generated the figure of 47 traffic movements. Mr Dowding added that there were three direction options when turning out of Clayhill Road, so in the worst case scenario this could mean up to 20 traffic movements in each direction, which would have a minimal impact on the area.

Councillor Longton asked Mr Dowding if he was satisfied with the junction at Clayhill Road and Sulhampstead Road and Mr Dowding confirmed that he was satisfied with this junction. The sight lines were 43 metres in each direction. Overgrown vegetation was sometimes an issue at the location in question however, this was not a planning consideration.

Councillor Mayes asked Mr Dowding if he had any information on traffic flow and Mr Dowding stated that the information was available but he did not have it to hand. The site had formed part of the Housing Site Allocation process and therefore traffic had been assessed and was deemed to be acceptable.

Councillor Mayes asked if the £4k allocated for the footpath at Coltsfoot Close was an adequate amount and further queried how far the footpath would stretch. Mr Butler confirmed that the pathway would be 20 metres long by 2.5 metres wide. Mr Butler confirmed that the sum of £4k was adequate for the length of footpath identified as agreed with the Transport and Countryside Service. Councillor Mayes did not feel that the amount was enough.

Councillor Mackinnon noted that Ms May had highlighted two reports that had not been provided including a Landscape Sensitivity Report and Planning Ecology Report and queried if these should have been provided. Mr Butler confirmed that Policy GS1 of the DPD was clear that any application must provide a Phase One Ecology Survey and Officers were satisfied with what had been provided as part of the application. Mr Butler was not aware of the reference to a Landscape Sensitivity Report however, confirmed that the required Landscape Visual Impact Assessment had been carried out accordingly.

Bryan Lyttle confirmed that the Policy HSA15 set out what should be included as part of a Landscape Visual Impact Assessment and the necessary information had been provided.

Councillor Williamson was concerned about vehicle movements. He noted that the level of traffic movements for the 100 dwellings would be 47 to 61. Councillor Williamson asked what the impact would be if all 61 vehicles travelled in the same direction. Mr Dowding stated that it would be very unusual for all vehicles to travel in the same direction when leaving a site however, if this did occur the route used would be busier than expected. It was likely that a queue would form however, this would probably only happen once, when drivers realised there were other route options available.

Councillor Joanne Stewart noted that the application was for up to 100 homes and therefore highlighted that this figure could be fewer at the full application stage. This would impact upon the amount of traffic expected. Mr Butler concurred with this point and explained that any subsequent reserved matters application could be for [eg]  90 or 95 homes, due to the physical constraints of the site. If a reserved matters application was submitted with [eg]  102 homes then a whole new planning application would be required.

Councillor Stewart asked for clarification about the width of the buffer zone as a number of figures had been mentioned including 15, 30 and 50 metres. Mr Lyttle referred to Policy HSA15 which required a buffer zone of 15 metres to the ancient woodland consistent with government policy. The proposed buffer zone would extend further than required creating an improved wildlife corridor.

Councillor Williamson raised a further question about whether the SuDS basin should or indeed would be located in the buffer zone.  Mr Butler confirmed that this flowed back to the answer that he had provided to Councillor Stewart in that if the application was approved there would be a subsequent reserved matters application.  There was uncertainty as to whether the SuDS basin would be placed in the buffer zone. Layout was not a consideration at this stage.

Debate:

Councillor Macro felt that for the benefit of the public it would be helpful for Officers to state acronyms in full. HSA DPD stood for Housing Site Allocations Development Plan Document and SuDs stood for Sustainable Urban Drainage System.

Councillor Macro stated that he had been very concerned about the footpath and cycle link that would encroach onto the ancient woodland however, he felt assured that the trees would not be affected. He therefore was minded to vote in favour of the application.

Councillor Royce Longton noted that the item had been discussed as part of the Council’s Housing Allocations process. Councillor Longton stated that he had listened to the comments from Officers regarding concerns he had on highway matters and felt re-assured. Councillor Longton therefore proposed that Members’ support the Officer recommendation to grant planning permission. This was seconded by Councillor Macro.

Councillor Williamson was concerned about traffic projections for the site as he felt it would be higher than suggested. He however noted that there had been an impact assessment carried out by Highways Officers and the agent. Councillor Williamson voiced his concerns about the proposed buffer. For the reasons he had outlined, Councillor Williamson stated that he was reluctant to support the application.

The Chairman invited Members of the Committee to vote on the proposal by Councillor Longton, seconded by Councillor Macro. At the vote the motion was carried.

RESOLVED that provided that a Section 106 Agreement has been completed within three months from the date of the committee resolution (or such longer period that may be authorised by the Head of Development and Planning, in consultation with the Chairman or Vice Chairman of the Eastern Area Planning Committee), to delegate to the Head of Development and Planning to GRANT PLANNING PERMISSION subject to the conditions listed below.

OR, if a Section 106 Agreement is not completed, to REFUSE PLANNING PERMISSION for the reasons listed below.

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: Drawing numbers 6027B/01C, 12A, 03C, and 02C; drawing numbers 60555664.001 Rev A, and 002 Rev A (all received on the 24th June 2019); and drawing number 6027/B14 (received on the 5th September 2019). 

 

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

 

5.

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).

 

6.

Details of accesses

No development shall take place until details of the two accesses into the site from Clayhill Road have been submitted to and approved in writing by the Local Planning Authority.  This shall include pedestrian routes with crossing points over Clayhill Road consisting of dropped kerbs and tactile paving.  No dwelling served by the relevant access shall be first occupied until that access has been provided in accordance with the approved details.

 

Reason: In the interest of road safety to ensure safe and suitable access for all to the development. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS13 of the West Berkshire Core Strategy (2006-2026).  A pre-commencement condition is required because safe and suitable access must be provided early to avoid adverse impacts on highways safety.

 

7.

Footpath/cycle link to Coltsfoot Close

No development shall take place until details of a 2.5 metre wide footway / cycleway to be constructed to the south-west from the application site into Coltsfoot Close have been submitted to and approved in writing by the Local Planning Authority.  No more than 30 dwellings shall be first occupied until the footway/cycleway on land in the applicant’s control has been provided in accordance with the approved details and any statutory undertaker's equipment or street furniture located in the position of the footway/cycleway has been re-sited to provide an unobstructed footway/cycleway.

 

Reason In the interest of road safety and to ensure adequate and unobstructed provision for pedestrians and/or cyclists. This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy (2006-2026), and Policies GS1 and HSA15 of the Housing Site Allocations DPD (2006-2026).  A pre-commencement condition is required because this access must be provided early to provide suitable pedestrian and cycle access to the site.

 

8.

Archaeology

No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved details.

 

Reason: To ensure that any significant archaeological remains that are found are adequately recorded.  This condition is applied In accordance with the National Planning Policy Framework, and Policy CS19 of the West Berkshire Core Strategy (2006-2026).  A pre-commencement condition is required because any development may have an impact on archaeological interests.

 

9.

Sustainable drainage

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, particularly the WBC SuDS Supplementary Planning Document December 2018;

b)    Include and be informed by a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels;

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 flood water exceedance routes, both on and off site; Include flow routes such as low flow, overflow and exceedance routes;

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

g)    Ensure any permeable paved areas are designed and constructed in accordance with manufacturers guidelines.

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;

i)     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;

j)      Attenuation storage measures must have a 300mm freeboard above maximum design water level. Surface conveyance features must have a 150mm freeboard above maximum design water level; and

k)    Any design calculations should take into account an allowance of an additional 10% increase of paved areas over the lifetime of the development.

 

No dwelling shall be first occupied until the sustainable drainage measures shall be provided in accordance with the approved details. Thereafter the sustainable drainage measures shall be maintained and managed in accordance with the approved details.

 

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), the Sustainable Drainage Systems SPD (2018), and Part 4 of Supplementary Planning Document Quality Design (June 2006).  A pre-commencement condition is required because sustainable drainage measures are likely to require implementation early in the construction process.

 

10.

Construction Environmental Management Plan

No development shall commence until a Construction Environmental Management Plan has been submitted to the Local Planning Authority. The development shall be carried out in accordance with the approved details.  As a minimum the plan shall provide for:

a)    Phasing of construction

b)    Temporary construction site access including visibility splays

c)    The parking of vehicles of site operatives and visitors

d)    Loading and unloading of plant and materials

e)    Storage of plant and materials used in constructing the development

f)     The erection and maintenance of security hoarding including decorative displays and facilities for public viewing

g)    Wheel washing facilities

h)   Temporary construction lighting

i)     Types of any piling rigs and earth moving machinery

j)      Measures to control the emission of dust and dirt during construction

k)    A scheme for recycling/disposing of waste resulting from demolition and construction works

l)     Lorry routing

m)  Delivery times to avoid conflicts with the opening and closing times of local schools

 

Reason: To ensure the proper management of the environmental effects of the development during the construction phase.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS13, CS14, CS17 and CS18 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).  A pre-commencement condition is required because the CEMP is required to be adhered to during construction.

 

11.

Tree protection

No development (including site clearance and any other preparatory works) shall take place until a scheme for the protection of trees to be retained has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location of the protective fencing, and shall specify the type of protective fencing. All such fencing shall be erected prior to any development works taking place and at least 2 working days’ notice shall be given to the Local Planning Authority that it has been erected. It shall be maintained and retained for the full duration of works 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.  Note: The protective fencing should be as specified at Chapter 6 and detailed in figure 2 of B.S.5837:2012.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and the protection of trees during the construction phase.  In addition it is necessary to protect the adjacent ancient woodland in Pondhouse Copse.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026. A pre-commencement condition is required because the trees require protection throughout the construction process.

 

12.

Root protection areas

No development (including site clearance and any other preparatory works) shall take place until details of the proposed access, hard surfacing, drainage and services providing for the protection of the root zones of trees to be retained has been submitted and approved in writing by the Local Planning Authority.  Thereafter the development shall not be carried out except in accordance with the approved details.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and the protection of trees during the construction phase.  In addition it is necessary to protect the adjacent ancient woodland in Pondhouse Copse.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026. A pre-commencement condition is required because the trees require protection throughout the construction process.

 

13.

Arboricultural method statement

No development (including site clearance and any other preparatory works) shall take place until an arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority which 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.  Thereafter the development shall not be carried out except in accordance with the approved details.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and the protection of trees during the construction phase.  In addition it is necessary to protect the adjacent ancient woodland in Pondhouse Copse.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.  A pre-commencement condition is required because the trees require protection throughout the construction process.

 

14.

Arboricultural watching brief

No development shall take place (including site clearance and any other preparatory works) until the applicant has secured the implementation of an arboricultural watching brief in accordance with a written scheme of site monitoring, which has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall not be carried out except in accordance with the approved details.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and the protection of trees during the construction phase.  In addition it is necessary to protect the adjacent ancient woodland in Pondhouse Copse.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026. A pre-commencement condition is required because the trees require protection throughout the construction process.

 

15.

Piling

No piling shall take place unless a piling method statement has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water.  The method statement shall detail 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 water infrastructure, and the programme for the works.  No piling shall take place except in accordance with the approved details.

 

Reason: The proposed works will be in close proximity to underground water utility infrastructure.  Piling has the potential to impact on local underground water utility infrastructure.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS5 of the West Berkshire Core Strategy (2006-2026).

 

16.

Visibility splays

No development shall take place until details of vehicular visibility splays onto Clayhill Road have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be first occupied until the visibility splays have been provided in accordance with the approved details.  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.  A pre-condition is required because changes are required to the prosed access details, and therefore the associated visibility splays will also need prior approval.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS13 of the West Berkshire Core Strategy (2006-2026). A pre-commencement condition is required because safe access must be provided early in the construction process.

 

17.

Phased occupation and water supply

No dwelling shall be occupied until confirmation has been provided that either:

a)    all water network upgrades required to accommodate the additional flows from the development have been completed; or

b)    a housing and infrastructure phasing plan has been agreed with Thames Water to allow additional properties to be occupied.

Where a housing and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

 

Reason: The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS5 of the West Berkshire Core Strategy (2006-2026).

 

18.

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).

 

19.

Habitat Management Plan

No development shall take place until a Habitat Management Plan has been submitted to and approved in writing by the Local Planning Authority.  The Plan shall ensure that appropriate mitigation measures and management regimes are in place for the site and adjacent woodland post-development.  No dwelling shall be first occupied until the approved plan has been implemented, and thereafter adhered to for the lifetime of the plan.

 

Reason   To ensure that appropriate mitigation measures and management regimes are in place for the site and adjacent woodland post-development, in accordance with the recommendations of the submitted ecological report.  A pre-condition is required because insufficient information accompanies the application.  This condition is applied in accordance with the NPPF and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

20.

No dwelling shall be first occupied 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;

(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 prevent the above species using their territory;

(c)  Include an 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   To ensure the conservation and enhancement of the biodiversity assets of the site, including the protection of species and habitats.  A pre-condition is required because insufficient information accompanies the application.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

21.

Precautionary safeguards for reptiles and amphibians

Any vegetation clearance shall not take place without implementing the following safeguards:

 

a)    Areas of any longer vegetation present at the time of works will be strimmed in a two stage process.  Following a finger-tip search by a suitably qualified ecologist to ensure that no reptiles are present, the first strimming phase will cut the vegetation to approximately 100-150mm above ground level carefully encouraging any reptiles passing through the vegetation to move into suitable off-site habitat away from the construction zone.  The same principle shall be applied to areas of dense scrub which shall be carefully reduced by hand under ecological supervision.

b)    Once vegetation has been cut all suitable refugia within the Site shall be removed carefully under ecological supervision.  Suitable refugia may include wooden sleepers, plastic sheeting, corrugated roofing sheets, piping, concrete slabs or rocks.

c)    The second strimming/clearance phase can be undertaken on the same day after completion of the first and will follow a second finger-tip search of the area by the ecologist before being cut to ground level or bare ground as appropriate (0-50mm).

d)    Any wood piles and cuttings of vegetation shall be removed in a sensitive manner after being checked by an ecologist to ensure no reptiles are present.

 

Reason   Due to the presence of waterbodies within the vicinity of the site and suitable surrounding habitat and boundary features, safeguards are provided in the interests of protecting local biodiversity.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

22.

Precautionary construction safeguards for mammals

The following general construction safeguards shall be implemented throughout the construction of development:

a)    All contractors and Site personnel shall be briefed on the potential presence of badgers within the Site;

b)    Any trenches or deep pits within the Site that are to be left open overnight will be provided with a means of escape should an animal enter. This could simply be in the form of a roughened plank of wood placed in the trench as a ramp to the surface. This is particularly important if the trench fills with water;

c)    Any trenches will be inspected each morning to ensure no animals have become trapped overnight; and

d)    Food and litter shall not be left within the working area overnight.

 

Reason   To implement precautionary measures to safeguard any badgers, foxes or other mammals.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

23.

Restrictions during bird breeding season

No development or other operations (including site or vegetation clearance) that could result in the loss of any hedgerow habitat on the site shall take place during the bird breeding season (March to August inclusive) unless carried out under the supervision of an experienced ecologist, who will check the habitat to be affected for the presence/absence of any birds’ nests.  If any active nests are found then works with the potential to impact on the nest must temporarily stop, and an appropriate buffer zone shall be established, until the young birds have fledged and the nest is no longer in use.

 

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.

 

24.

Biodiversity enhancements

No development shall take place until details of biodiversity enhancements have been submitted to and approved in writing by the Local Planning Authority.  The details shall include:

a)    A minimum of ten artificial bat roost features to be incorporated into the development, such as Habitat integration boxes and Schwegler tree hanging boxes;

b)    A minimum of ten artificial bird nest boxes on trees or incorporated into the walls of new buildings;

c)    Provision of habitat piles for invertebrates, such as log piles, and the provision of deadwood

d)    Landscaping proposals shall include the use of native species, and species of known value to wildlife to provide foraging opportunities.  The proposals shall include the retention of existing hedgerows and the re-planting of gaps with native species of local provenance.

 

Reason   To achieve net gains in biodiversity.  A pre-condition is required because insufficient details accompany the application.  This condition is applied in accordance with the NPPF and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

 

25.

Updated surveys

Unless development commences by 25th April 2020, no development shall take place until an update report prepared by a qualified ecologist has been submitted to and approved in writing by the Local Planning Authority.  This update report shall include an update assessment on the ecology of the site, and establish whether the information provided requires updating in light of changing ecological conditions.  The update report submission shall be accompanied by any new surveys deemed necessary, and include any necessary proposed mitigation measures.  Therefore the development shall not take place except in accordance with the approved details and any necessary mitigation measures.

 

Reason:  The ecological information that accompanies this application is valid for two years, and therefore should the commencement of development take place outside this timescale, a review of the ecological information will be necessary.  A pre-condition is required because ecological mitigation must be up-to-date at commencement of development.  This condition is applied in accordance with the NPPF and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

Heads of Terms for Section 106 Agreement

1.

Affordable housing

·         40% on-site affordable housing

·         70:30 tenure split between social rented and intermediate

 

2.

Public open space

·         Provision and transfer of public open space

·         Commuted sum of £22,000 towards the future maintenance of public open space.

 

3.

Pedestrian/cycle link

·         Contribution of £4000 towards the construction of a new off-site footpath link into Coltsfoot Close.

 

Refusal reason (if legal agreement not completed)

Planning obligation

The application fails to provide a Section 106 planning obligation to deliver necessary infrastructure and mitigation measures, including:

a)    40% on-site affordable housing (70:30 tenure split between social rented and intermediate), without which the proposal would be contrary to the National Planning Policy Framework, Policy CS6 of the West Berkshire Core Strategy 2006-2026, and the Council’s adopted Planning Obligations SPD.

b)    Provision, transfer and commuted sum for the maintenance of public open space within the development, without which the development would be contrary to the National Planning Policy Framework, Policy CS18 of the West Berkshire Core Strategy 2006-2026, Policies RL.1, RL.2 and RL.3 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), and the Council’s adopted Planning Obligations SPD.

c)    A contribution of £4000 towards the provision of a new pedestrian/cycle access from the site to Coltsfoot Close, without which the development would be contrary to the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026, Policies GS1 and HSA15 of the Housing Site Allocations DPD 2006-2026, and the Councils adopted Quality Design SPD and Planning Obligations SPD.

 


Supporting documents: