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Agenda item

Application No. and Parish: 17/02092/OUTMAJ - Land off Lambourn Road, Speen, Newbury

Proposal:

Hybrid planning application comprising an outline planning application for up to 93 dwellings and associated works - all matters reserved; a change of use of land from agricultural to public open space; a changes of use of land to provide extension to existing allotments; and a full planning application for the erection of 11 new dwellings, new access and associated works on previously developed land.

Location:

Land off Lambourn Road, Speen, Newbury, Berkshire, RG20 8AA

Applicant:

Sir Richard Sutton Ltd

Recommendation:

To delegate to the Head of Development and Planning to GRANT OUTLINE PLANNING PERMISSION subject to conditions and the completion of a s106 legal agreement;

 

Or, if the s106 legal agreement is not completed, to delegate to the Head of Development and Planning to REFUSE OUTLINE PLANNING PERMISSION.

 

Minutes:

(Councillor Howard Woollaston declared a personal interest in Agenda Item 4 (1) by virtue of the fact that the applicant was a donor to a children’s charity for which he was chairman. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

1.         The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 17/02092/OUTMAJ in respect of a hybrid planning application comprising an outline planning application for up to 93 dwellings and associated works – all matters reserved; a change of use of land from agricultural to public open space; a change of use of land to provide extension to existing allotments; and a full planning application for the erection of 11 new dwellings, new access and associated works on previously developed land.

2.         The Planning Officer, in introducing the report, confirmed that the presentation was in relation to the two applications although the access points to the two sites would be different. One was off the A4 Bath Road (17/02092) and the other was off the Lambourn Road (17/02093). It was noted that a number of footpaths ran across the site and it was proposed that a further 3.75m wide emergency access with shared cycle and footpath was proposed to run between the site and Station Road through the existing allotments. The proposal also included an upgrade of the existing Public Right of Way Speen 7/1 which led to Lambourn Road to facilitate improved pedestrian and cycle access.

3.         The Planning Officer stated that Speen Parish Council had raised concerns over the proposed access onto the A4 Bath Road and a large number of concerns had also been raised by local residents which were set out on pages 25 and 26 of the agenda. The application site formed part of a wider land parcel with a developable area of 4.8ha that had been allocated for approximately 100 dwellings under Policy HSA2 of Housing Site Allocations DPD (2006-2026) subject to meeting the environmental parameters of the policy. The site was essential for the five year land supply.

4.         To promote sustainable travel, financial contributions would be sought towards a community bus service (£9,240 per annum for five years) to retain the Community bus service.

5.         According to Core Strategy Policy CS14, new development had to demonstrate high quality and sustainable design that respected and enhanced the character and appearance of the area. Policy ADDP5 sought to ensure that development proposals conserved the scenic beauty and distinctive character of the AONB. The NPPF gave the highest status of protection for the landscape and scenic beauty of AONBs and stated that their conservation should be given great weight in planning decisions. Policy HSA2 indicated that the wider housing land allocation would be developed in accordance with the Landscape Capacity Assessment (2015) which would ensure development conserved and enhanced the landscape edge to Speen and that the existing character of Speen and West Newbury was maintained.

6.         The applicant had indicated that the scheme would include affordable housing at 40% of the total number of units (104) having regard to the requirements of policy CS6 which equated to up to a total of 41 affordable housing units. A tenure split of 70:30 social rented to intermediate affordable housing units was stipulated by Policy CS6 in light of evidence on local need.

7.         The Council’s Archaeological Officer had reviewed the application and had checked the proposed development against the information the Council currently held regarding the heritage assets and historic land uses in the area. This evidence suggested that there would be no major impact on any features of archaeological significance on the majority of the site.

8.         It was noted that the site was located in Flood Zone 1 according to Environment Agency Flood Mapping and where the existing flood risk posed to the proposed development from all flooding sources was assessed to range from negligible to low.

9.         The application was supported by ecological surveys that had been carefully considered by the Council’s Ecology Team who had raised no objections subject to conditions controlling external lighting, provision of bat boxes, dormouse, nesting birds, hedgerow and reptile protection measures amongst other mitigation measures.

10.      The report set out a number of planning obligations that would be necessary to make the development acceptable in planning terms which included a sum of £100,000 towards upgrading the Public Right of Way Speen 7/1 to adoptable standard for use by pedestrians and cyclists.

11.      The Highways Officer noted that a number of concerns had been raised in relation to the access to the site from the A4 Bath Road. The proposed access design had been carefully considered by the Council’s Highways Team who advised that there was concern that traffic leaving the A4 Bath Road/A34 slip road travelled faster than 30mph as it left the roundabout to travel towards Newbury.  A traffic speed survey was therefore commissioned that concluded that traffic westbound had an 85th percentile of 27mph with traffic eastbound recorded at 32mph. This was above the 30mph level that the proposed access from Bath Road had been designed at, but only marginally so. Therefore, the access design, including visibility splays of 2.4m x 43m was considered to be acceptable. The Highways Officer therefore stated that the access was slightly substandard but was insufficient to warrant refusal of the application. A pedestrian refuge crossing would be provided together with a turn right lane onto the site. The footway fronting the site would be widened to 1.8 metres. A new emergency access would be provided onto Station Road.

12.      It was noted that the impact of the traffic movements had been considered on nearby junctions taking into account any committed development and it was concluded that there would be little impact. Financial contributions would be provided towards the community bus service, highways works, bus stops and linkages. The Highways Officer therefore concluded that the proposal would not have an adverse impact on highway safety and the free flow of traffic within the local highways infrastructure. 

13.      In accordance with the Council’s Constitution, Mr John Harrington Hawes, objector, and Mr Steven Smallman and Mr David Dixon, agents, addressed the Committee on this application.

14.      Mr Hawes in addressing the Committee raised the following points:

·                Mr Hawes confirmed that he was a resident who lived in the local area;

·                Traffic along the A4 Bath Road was busy at all times of the day;

·                The site was split by the footpath which was a former railway line and therefore 9/10ths of the site would be accessed via the A4 and the remaining 1/10th of the site would be accessed via the Lambourn Road;

·                The exit onto the A4 would be constrained by a pretty narrow turning bay and he felt that there was insufficient space. The access to the site was his main concern;

·                The majority of traffic would most likely turn right from the site to access the A34/M4 and traffic in the area was particularly heavy in the morning/evening and it travelled at some speed. Turning right would therefore be difficult and when looking to the left towards the Hare and Hounds there was a blind bend. He asked why the access to and from the site could not be taken further west so that it came out on the roundabout to the A34 as this would be a safer option;

·                Mr Hawes was familiar with the traffic situation along the Bath Road and he felt that an additional access would be high risk.

15.      Councillor Phil Barnett asked Mr Hawes whether there were any other concerns or issues in relation to the application apart from the access. Mr Hawes responded that the only other concern was that it was a lopsided development although it was recognised that it was necessary to identify sites for development.

16.      Mr Smallman and Mr Dixon in addressing the Committee raised the following points:

·                Mr Smallman confirmed that the Benham Estate had submitted the application on this outlying parcel of land which was difficult to farm. They had put forward the site through the call for sites and had worked with the Council to bring forward a high quality proposal;

·                The Estate had also sought to engage with the local community and respond to the concerns which had been raised. A public consultation exercise had taken place in 2013 and the application had been revised as a result of that;

·                A site assessment had been undertaken in respect of landscape impact, pedestrian and cycle access, the historic environment, trees and hedgerows etc. The final proposal complied with the Housing Development DPD and of the 104 houses proposed on the site 41 would be affordable housing;

·                The only statutory consultees who had objected to the proposed development was the Parish Council;

·                The access accorded with policy HSA2 and the various safety audits and no objections had been raised by the Highways Officer. There were no other options for the access as it could not be accessed via the Lambourn Road or the A34 slip road.

17.      Councillor Tony Vickers noted the concerns around the access to the development site and he queried why another arm on the A34 roundabout would not be feasible. He also asked if it was not for the ransom strip would the applicants prefer something better than a 90:10 split between the two sites. Councillor Vickers also referred to the Lambourn Valley Way and stressed the need to preserve the rural character. Mr Dixon replied that the roundabout was not large enough for another road as there was a minimal gap between the two arms and therefore a significant upgrade would be required to accommodate that option. He confirmed that the split of the site was a preferred option as opening up the Lambourn Road as an access would mean more traffic along Station Road. Discussions were still ongoing in relation to the public rights of way on the site.

18.      Councillor Adrian Abbs referred to the access opposite Speen Lane and why that had not been considered. Mr Dixon responded that that public right of way did not offer the width or space required for the movement of vehicles.

19.      Councillor Clive Hooker noted that a new emergency access would be provided via Station Road and he asked why that could not be used for vehicular access if some of the allotments were taken away. Mr. Dixon stated that Station Road was not suitable for additional vehicular movements.

20.      Councillor Adrian Abbs asked why the access on the A4 Bath Road could not be moved further east which would give more space for a right turn for Speen Lane and the development site. Mr Dixon said that people turned right out of Station Road already but that a smaller proportion of people made a right turn than a left turn as most would turn left towards Newbury.

21.      Councillor Tony Vickers was concerned about the access to the site and would like to see an alternative option on the A34 slip road. The Highways Officer stated that that option would not be acceptable to the Highways Agency.

22.      It was noted that neither the Parish Council or the Ward Members were in attendance to speak on the application.

23.      Councillor Hilary Cole queried where the pedestrian crossing would be located. The Highways Officer pointed out the location of the crossing which would be an island and would not be signalised. Councillor Cole felt that this would potentially slow traffic down. The Highways Officer agreed and confirmed that there would also be hatch markings which would also have the potential to slow down traffic.

24.      Councillor Carolyne Culver referred to the right turn and asked if there would be any measures put in place to assist with a right turn out of the site. The Highways Officer responded that people already turned right out of Station Road and whilst he recognised that this could be busy at times on the whole vehicles would be able to turn right to access the A34. It was queried whether it would be possible to move the speed camera. The Highways Officer stated that this was something that had not been considered and he would have to look into that separately.

25.      Councillor Adrian Abbs asked the Highways Officer to comment on the splays and the distance of visibility as in some cases this was obscured by hedges and trees. The Highways Officer confirmed that hedges and trees would be scaled back and the sight line would be 43m.

26.      Councillor Tony Vickers asked whether it would be possible to install a priority controlled junction as a T-junction meant that the major route had priority. He also referred to the Lambourn Valley Way and queried what was meant by it being brought up to an ‘adoptable standard’. The Highways Officer advised that the footpaths would be properly surfaced and lit for use by pedestrians and cyclists. Councillor Vickers hoped that the footway would not be urbanised and the Highways Officer confirmed that it would be improved in a manner that would enhance the area. Councillor Vickers referred to the conditions and the fact that works on the emergency and cycleway access onto Station Road would not take place until the 50th dwelling had been occupied and he asked if that could be brought forward. The Planning Officer confirmed that this was something that could be considered and discussed with the developer.

27.      Councillor James Cole made reference to the right turn from the site, the pedestrian crossing and the possible move of the speed camera. He stated that vehicles could come off the A34 slip road at speed and he asked what could be done to reduce the risk to pedestrians. The Highways Officer stated that there would be sufficient visibility for vehicles to see the pedestrian crossing and he confirmed that there had been a safety audit undertaken on the scheme which was found to be acceptable.

28.      Councillor Phil Barnett noted that there seemed to be problems accessing the A4 from various routes and he asked if there was any proposal to install traffic lights in the area. This would not necessarily need to be at the new junction but even if it was further down the road this would assist with access onto the highway. The Highways Officer stated that this was something that had not been considered as nearby junctions would still operate within capacity including the proposed junction. Also all too often signalled junctions could make the traffic situation worse.

29.      Councillor Hilary Cole asked if consideration could be given to vehicle activated signs to slow down the traffic. The Highways Officer said that he would need to consult with colleagues in Highways on that issue.

30.      Councillor Adrian Abbs said that if the ransom strip had not been there then the development might have looked different. The Highways Officer agreed and the Housing Site Allocation DPD suggested the provision of a link. However, it became apparent later on that the applicants had not owned the section of lands that linked the two sites. The £100k contribution would be used to seek to buy the ransom strip. It was owned by NK Homes. He confirmed that lessons had been learnt for the next phase of the Local Plan in terms of site accesses and linkages and if they could not be provided, then future allocated sites would not be supported by the Highway Authority.

31.      Councillor Carolyne Culver referred to paragraph 6.109 which referred to an extended phase 1 habitat survey and she asked if this had taken place. The Planning Officer confirmed that it had not been completed yet but that it was guaranteed by condition. She also referred to paragraph 6.110 which mentioned the provision of bat boxes and this was something that had not been included in the conditions. The Planning Officer confirmed that he would ensure that that was included in Condition 30. 

32.      Councillor Carolyne Culver referred to the sum of money for the community bus service which related to both applications. The Planning Officer confirmed that this was over and above CIL and was in addition to any CIL contributions. Councillor Phil Barnett asked what route the bus would take and the frequency of the bus service. The Planning Officer advised that this was not a formal scheduled bus service but was used by individual requests for transport to doctor’s appointments etc.

Debate:

33.      Councillor Adrian Abbs had concerns about traffic coming off the A34 into a pedestrian crossing and the fact that the Council was being forced to accept something which was substandard due to the ransom strip. Councillor James Cole said that he was comfortable with that provided use was made of warning signs for traffic to reduce speed.

34.      Councillor Tony Vickers felt that this was a balanced recommendation, however, he had crossed this road on foot and it was hard to do so. He was inclined to refuse the application on grounds of highway safety and the risky manoeuvres which would need to be made by vehicles coming out of the site. He felt that more needed to be done in relation to highway safety. The Planning Officer responded that experts had looked at this and could find no reason to object and therefore it might be difficult to defend at appeal.

35.      Councillor Hilary Cole stated that applications to Committee were always difficult. However, Members of the Committee were amateurs. It was important for Members to make their own minds up but they should be guided by Officers who were professionals in their field. The Highways Officer reiterated that the access was substandard but was acceptable. He confirmed that Highways Officers would be willing to work with the agents and the applicant to improve the access. Councillor James Cole said that what slowed traffic down when coming from Hungerford was the speed camera and he was of the opinion that serious consideration needed to be given to moving the camera. The Highways Officer confirmed that he would seek advice and give consideration to the request.

36.      Councillor Phil Barnett felt that the application was a difficult one. The main issue was around the access but this might be mitigated slightly if it was possible to move the speed camera. There would be an increase in traffic at peak times which was why he had suggested that vehicles could be restricted on other parts of the A4. However, he was more comfortable with the access issue if other ways of slowing traffic down could be considered.

37.      Councillor Clive Hooker asked where vegetation would be cleared from and it was confirmed that all vegetation within the red line would be cut back.

38.      Councillor Howard Woollaston felt that the pedestrian crossing and the hatched lines would assist in slowing traffic. He asked if the applicants could have a further go at obtaining the ransom strip.

39.      Councillor Adrian Abbs noted that the local authority only had control of a few metres and he was therefore not sure how the 43m of visibility could be achieved.

40.      Councillor Tony Vickers proposed refusal of the application on grounds of highway safety and this was seconded by Councillor Adrian Abbs. However, this was lost on the vote. Councillor Hilary Cole put forward a counter proposal to accept the Officer Recommendation of approval. This was seconded by Councillor Howard Woollaston. The Legal Officer clarified that it would be delegated to Officers to look at including the provision of bat boxes in the conditions, bringing forward the community bus contributions and working with the applicant to improve the access onto the A4.

41.      The proposal to accept the Officer recommendation was put to the vote and carried. Councillor Tony Vickers abstained from voting.

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

Conditions

The proposed planning conditions are structured into 3 main sections.

·       Section 1 ‘Site Wide Planning Conditions’ - relate to relate to the WHOLE application site as shown on the Site Location Plan (Ref: SLP BR-01 rev B).

 

·       Section 2 ‘Outline Planning Permission’ - relate to conditions that apply to the OUTLINE & CHANGE OF USE part of the application site only as shown on the Hybrid Parameters Plan (Ref:1361 P1 04); and

 

·       Section 3 ‘Full Planning Permission’ - relate to conditions that apply to the FULL component of the application site only as shown on the Hybrid Parameters Plan (Ref:1361 P1 04).

 

1.  SITE WIDE PLANNING CONDITIONS

1.

Conditions

 

The following Planning Conditions numbers 2-38 relate to the entire application site as shown on the approved Site Location Plan (Ref: SLP BR-01 rev B).

 

Planning Conditions 39-45 relate to the part of the hybrid application site that was submitted in outline (all matters reserved) and change of use only as shown on the approved Hybrid Parameters Plan (Ref.1361 P1 04).

 

Planning Conditions 46-56 relate to the part of the hybrid application site that was submitted in full as shown on the Hybrid Parameters Plan (Ref.1361 P1 04)

 

Reason: For the avoidance of doubt.

 

2.

Total Number of Units

 

The number of dwellings hereby permitted shall not exceed 104 in total.

 

Reason: For the avoidance of doubt and to ensure the satisfactory development of the site.

 

3.

Approved plans

 

The development hereby permitted shall be carried out in accordance with the following approved plans and documents

 

·         Site location plan - SLP BR-01 rev B

·         Land use plan – 1361 P1 01 rev A

·         Building heights – 1361 P1 02 rev B

·         Access parameters – 1361 P1 03

·         Hybrid parameters – 1361 P1 04

 

Reason: The parameters shown on this drawing are necessary to ensure the development achieves an acceptable standard of design, which complies with the National Planning Policy Framework, Policies ADPP1, ADPP2, ADDP5, CS13, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026, Policies GS1 and HSA2 of the Housing Site Allocations DPD 2006-2026, West Berkshire Quality Design SPD and the Speen Village Design Statement (2002).

 

4.

Tenure Plan

 

Prior to the above foundation level works commencing, a schedule of the overall housing units (housing mix) and a Tenure Plan shall have first been submitted to and approved in writing by the Local Planning Authority. The Tenure Plan shall show the tenure of the eventual dwelling on each plot social/affordable rent and shared ownership. Thereafter the development shall not be carried out except in accordance with the approved details.

 

Reason: Because insufficient information has been submitted to ascertain the tenure of development.  This information is required at this stage because it may affect considerations of the site layout and because it has site wide implications that need to be determined at the outset of detailed design (e.g. affordable housing distribution) in accordance with the provisions of the National Planning Policy Framework, Policies CS4, CS6 and CS19 of the West Berkshire Core Strategy 2006-2026, Policy HSA2 of the Housing Site Allocations DPD 2006-2026, the West Berkshire Quality Design SPD and the Speen Village Design Statement (2002).

 

5.

Levels

 

No development on any dwelling hereby permitted shall take place until details of the finished floor levels of that dwelling in relation to existing and proposed ground levels of adjoining dwellings have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

Reason:  This information is required to ensure satisfactory relationships with neighbouring properties in order to safeguard residential amenity, to ensure the levels/heights respect the character and appearance of the area including the AONB, and the setting of the heritage assets.  This information is needed at this stage because of the site-wide implications of levels of the layout of the development in accordance with the provisions of the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy 2006-2026, Policies GS1 and HSA2 of the Housing Site Allocations DPD 2006-2026, the West Berkshire Quality Design SPD and the Speen Village Design Statement (2002).

 

6.

CONS1 - Construction method statement

 

No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the local planning authority.

 

The development shall be carried out in accordance with the approved

Construction Method Statement. The Construction Method Statement shall provide for:

 

(a)    Construction site accesses

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

(c)    Loading and unloading of plant and materials

(d)    Storage of plant and materials used in constructing the development

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

(f)     Wheel washing facilities

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

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

(i)     Agreed routes and timing restrictions for construction vehicles, deliveries and staff

(j)     Provide for mitigation measures in accordance with BS:5228, Code of practice for noise and vibration control on construction and open sites;

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

(l)     Phasing/projected timetable of construction works;

(m)   Control of surface water run off during construction;

(n)    Proposed method of any piling for foundations/other ground works;

(o)    Details of types of piling rigs and earth moving machinery to be used;

(p)    Details of temporary external lighting/flood lighting;

(q)    provide for a Waste Minimisation Statement setting out a scheme for recycling/disposing of waste resulting from construction works;

 

The development shall be carried out in accordance with the approved plan.

 

Reason:   To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety.  The approval of this information is required at this stage because insufficient information has been submitted with the application. A pre-condition is required because insufficient information accompanies the outline application and the CMS must be in place before construction works commence.  This condition is applied in accordance with the National Planning Policy Framework (2019), Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

7.

Hours of Construction Works

 

No demolition or construction works shall take place outside the following

hours:

 

0730 hours to 1800 hours Mondays to Fridays;

0830 hours to 1300 hours Saturdays; and

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

Reason: To safeguard the amenity of adjoining land uses and occupiers. This condition is applied in accordance with the National Planning Policy Framework (2019), Policy CS13 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).

 

8.

Layout and Design Standards

 

Notwithstanding the information provided within the application documentation, 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 and the applicant shall enter into a S278/S38 Agreement for the adoption of the sites road and footpaths where required by the Highways Authority.

 

Reason: In the interest of road safety and flow of traffic and to ensure waste collection.  This condition is imposed in accordance with the National Planning Policy Framework (2019), 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).

 

9.

Electric Charging Points

 

No dwelling hereby permitted shall be occupied until an electric vehicle charging point strategy has been submitted to and approved in writing by the Local Planning Authority. The approved dwellings shall not be occupied until the electric vehicle charging point(s) have been provided in accordance with the approved drawings. The charging point(s) shall thereafter be retained and kept available for use.

 

Reason: To promote the use of electric vehicles.  This condition is imposed in accordance with the National Planning Policy Framework (2019), Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), Policy P1 of the Housing Site Allocation DPD and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

 

10.

Travel Plan

 

Prior to above foundation level development taking place on the dwellings hereby permitted, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be implemented from the point at which any dwelling hereby permitted is first occupied. From the date of implementation, the approved travel plan shall be reviewed and updated within the first 6 months. After that, the Travel Plan shall be annually reviewed and updated and all reasonable practicable steps taken to achieve the agreed targets and measures within the timescales set out in the plan and any subsequent revisions.

 

Reason:  To ensure the development reduces reliance on private motor vehicles and provides an appropriate level of vehicle parking.  This condition is imposed in accordance with the National Planning Policy Framework (2019), 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).

 

11.

Spoil

 

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

 

·         Show where any spoil to remain on the site will be deposited;

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

·         Include measures to remove all spoil from the site (that is not to be deposited);

·         Include timescales for the depositing/removal of spoil.

 

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

 

Reason:   To ensure appropriate disposal of spoil from the development and to ensure that ground levels are not raised in order to protect the character and amenity of the area.  A pre-condition is required because insufficient information accompanies the application, and the agreed details will affect early construction activities.  This condition is applied in accordance with the NPPF, Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), the Quality Design SPD (June 2006) and the Speen Village Design Statement (2002).

 

12.

Sustainable Drainage

 

No development hereby permitted 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 (in consultation with Natural England). These details shall: 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;

 

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

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

g)    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;

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

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

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

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

m)  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;

n)   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;

v)    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;

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

 

The above sustainable drainage measures shall be implemented in accordance with the approved details before the dwelling(s) hereby permitted are occupied 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; sustainable drainage measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

 

13.

Integrated water supply and drainage strategy

 

No development hereby permitted shall take place until an integrated water supply and drainage strategy has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be undertaken in accordance with the approved strategy. The strategy shall provide details of any on and/or off site drainage works, and impact studies on the existing water supply infrastructure to determine the magnitude of any new additional capacity required in the system and a suitable connection point. The development shall be carried out in accordance with the approved integrated water supply and drainage strategy. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

 

Reason:   To ensure the provision of adequate and appropriate infrastructure for water supply and waste water, both on and off site.  A pre-condition is required because this policy-requirement is not addressed within the current application, and will depend on the final layout of the development.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS5 and CS16 of the West Berkshire Core Strategy (2006-2026), and Policy GS1 of the Housing Site Allocations DPD 2006-2026.  A pre-condition is necessary to make the development acceptable, as this information is not included within the application submission.

 

14.

Refuse Storage

 

Prior to above foundation level development taking place on the dwellings hereby permitted, details of storage for refuse and recycling materials for the dwellings shall have been submitted to and approved in writing by the Local Planning Authority. The approved dwellings shall not be occupied until the refuse and recycling facilities have been provided in accordance with the approved details and shall thereafter be retained for this purpose.

 

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 (2019), Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

 

15.

Protection from External Noise

 

Prior to above foundation level development taking place on the dwellings hereby permitted, details of a scheme of works to protect the future occupiers of the approved dwellings from externally generated noise shall have been submitted to and approved in writing by the Local Planning Authority.  Thereafter, each individual dwelling shall not be occupied until the approved mitigation scheme relevant to that individual dwelling has been fully implemented in accordance with the approved details.

 

Reason:  In order to protect the amenities of future occupiers of the development in accordance with The National Planning Policy Framework (2019), Policy OVS6 of the West Berkshire District Local Plan 1991 to 2006, Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

 

16.

Travel information packs

 

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

 

Reason: To provide a scheme that seeks to deliver sustainable transport objectives, such as encouraging the use of local public transport and other non-car modes of transport.  The provision of travel information packs to new residents is a scheme that is proportionate to the size of the development.  This condition is applied in accordance with the National Planning Policy Framework (2019), Policy CS13 of the West Berkshire Core Strategy (2006-2026), and Policies GS1 and P1 of the Housing Site Allocations DPD (2006-2026).

 

17.

Broadband

 

Prior to above foundation level works commencing details of a Superfast Broadband Strategy Statement shall have been submitted and approved in writing by the Local Planning Authority. Such a statement shall set out how superfast broadband is to be provided to the development, including a schedule for connection. Thereafter no part of the development hereby permitted shall be occupied until superfast broadband infrastructure has been provided in accordance with the approved details.

 

Reason: To ensure that the site is provided with high speed communications infrastructure in the interests of the amenity of the occupants of the site in accordance with the requirements of the National Planning Policy Framework (2019), Policies CS5 and CS14 of the West Berkshire Local Plan Core Strategy (2006-2026).

 

18.

Emergency Water Supplies

 

No dwelling hereby permitted shall be first occupied until either:

 

Private fire hydrant(s), or other suitable emergency water supplies, have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority (in consultation with Royal Berkshire Fire and Rescue Service); or Royal Berkshire Fire and Rescue Service confirm that such provision is not required (for example, because the main water supply for the development is sufficient) and confirmation of the same has been given in writing by the Local Planning Authority pursuant to this condition.

 

Reason:   At present there are no available public mains in this area to provide suitable water supply in order to effectively fight a fire.  Suitable private fire hydrant(s), or other suitable emergency water supplies, are therefore required to meeting Royal Berkshire Fire and Rescue Service requirements, in the interests of public safety.  This condition is applied in accordance with the requirements of the National Planning Policy Framework (2019), Policies CS5 and CS14 of the West Berkshire Local Plan Core Strategy (2006-2026).

 

19.

Boundary Treatment

 

Prior to the first occupation of any dwellings hereby permitted, details (indicating the position, design, materials and type) of all boundary treatment shall have been submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed in accordance with the approved scheme before any dwelling hereby permitted is first occupied.  The approved boundary treatments shall thereafter be retained as such.

 

Reason: To ensure the satisfactory appearance of the development in accordance with the NPPF and Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026).

 

20.

Tree Protection – Construction Precautions

 

No development or other operations hereby permitted shall commence on site until measures providing for the protection of the root zones of trees to be retained from the proposed access, hard surfacing, drainage and services have been submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase.  The tree protection must be provided before development takes place to ensure that the trees are protected throughout the construction phase.  A pre-condition is required because the tree protection measures may vary depending on the final layout.  This condition is applied in accordance with the National Planning Policy Framework (2019), Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026) and the West Berkshire Quality Design SPD.

 

21.

Arboricultural Programme of Works

 

No development or other operations hereby permitted shall commence on site until a detailed schedule of tree works including timing and phasing of operations has been submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase.  The tree protection must be provided before development takes place to ensure that the trees are protected throughout the construction phase.  A pre-condition is required because the tree protection measures may vary depending on the final layout.  This condition is applied in accordance with the National Planning Policy Framework (2019), Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026) and the West Berkshire Quality Design SPD.

 

22.

Arboricultural Method Statement

 

No development or other operations shall commence on site until an arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall provide for the details of the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase.  The tree protection must be provided before development takes place to ensure that the trees are protected throughout the construction phase.  A pre-condition is required because the tree protection measures may vary depending on the final layout.  This condition is applied in accordance with the National Planning Policy Framework (2019), Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026) and the West Berkshire Quality Design SPD.

 

23.

Arboricultural Supervision Condition

 

No development hereby permitted 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. The development shall be carried out in accordance with the approved details.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase.  The tree protection must be provided before development takes place to ensure that the trees are protected throughout the construction phase.  A pre-condition is required because the tree protection measures may vary depending on the final layout.  This condition is applied in accordance with the National Planning Policy Framework (2019), Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026) and the West Berkshire Quality Design SPD.

 

24.

Construction Environmental Management Plan (CEMP)

 

No development hereby permitted shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following;

 

(a)    a risk assessment of potentially damaging construction activities

(b)    Identification of biodiversity protection zones

(c)    Practical measures to avoid and reduce impacts during construction with special consideration on the protection of SSSI/SACs within the locality.

(d)    The location and timing of sensitive works to avoid harm to biodiversity features

(e)    The times during construction when specialist ecologists need to be present on site to oversee works

(f)     Responsible persons and lines of communication

(g)    The role and responsibilities of the ecological clerk of works or similarly competent person

(i)     Any temporary lighting that will be used during construction

(k)    measures to ensure no altered hydrogeology will occur within the site or locality during construction

(l)     External lighting

(m)   The implementation of these measures prior to the commencement of development.

 

The development shall not be constructed otherwise than in accordance with the approved CEMP.

 

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 (2019), and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

25.

CLP Oil Pipeline

 

Prior to any development hereby permitted commencing on land within 6m of existing CLP (Oil) Pipeline located beyond the southern redline boundary of the site, the broad location of which being indicated in the consultation response with attached plan dated 7 August 2017 from CLP Pipeline System Ltd, details of such works shall have been submitted to and approved in writing by the local planning authority (in consultation with CLP Pipeline System Ltd). The development shall thereafter be carried out strictly in accordance with the approved details.

 

Reason: In the interests of public safety. This condition is applied in accordance with the requirements of the National Planning Policy Framework (2019), Policies CS5 and CS14 of the West Berkshire Local Plan Core Strategy (2006-2026).

 

26.

Public Rights of Way

 

Notwithstanding information provided with the supporting application documentation, prior to any works commencing on, or affecting, any Public Rights of Way (PROW) with the site, details of such works shall have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

 

Reason: In the interest of highway safety and to ensure adequate and unobstructed provision for pedestrians and/or cyclists using the local PROW network. This condition is imposed in accordance with the National Planning Policy Framework (2019) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

 

27.

External Lighting

 

Prior to above foundation level works commencing, details of a lighting strategy for the approved dwellings shall have been submitted to and approved in writing by the Local Planning Authority.  The strategy shall:

 

·         Identify those areas on the site that are particularly sensitive for bats;

·         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;

·         Include and isolux diagram of the proposed lighting;

·         Ensure all lighting levels are designed within the limitations of Environmental Lighting Zone 1, as described by the Institute of Lighting Engineers;

·         Details of lighting positioning to avoid excessive light pollution to boundary trees, hedgerows or vegetation;

·         Light levels to below 1lux;

·         Details of light hoods or equivalent features to reduce light spillage;

·         Provide details of timed/motion sensor security lighting.

 

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 and no additional external/street lighting shall be erected on the site.

 

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 (2019), and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

28.

Biodiversity enhancements

 

The development shall not be first occupied until details of a biodiversity enhancement plan have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.  The enhancements plan shall follow the principles set out within the supporting ecological report prepared by PV Ecology and shall include (but not be limited to) the installation of a minimum of 4 additional bat roosting boxes such as Schwegier 2FN Bat Box or Schwegler 1FF Bat Box within Hedgerow 4 Appendix Q Phase 2 Ecological Report by PV Ecology as updated in April 2019 (including Appendix A and B). Thereafter, the biodiversity enhancement measures shall be maintained in their approved condition for the lifetime of the development.

 

Reason: To achieve net gains in biodiversity, and to mitigate the impact on bat species. A pre-condition is required because insufficient details accompany 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).

 

29.

Restrictions during bird breeding season

 

No demolition, or site/vegetation clearance 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.

 

30.

Landscape and Habitat Management Plan

 

No development hereby permitted shall take place until a Landscape and Habitat Management Plan for the site for a minimum period of 10 years 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 associated green infrastructure. The plan shall include long term design objectives, management responsibilities and maintenance schedules. The plan shall include any areas of existing landscaping including woodlands and also include any areas of proposed landscaping other than areas of private domestic gardens. No dwelling hereby permitted 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 associated green infrastructure post-development including the long term management of existing and proposed landscaping 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 National Planning Policy Framework (2019) and Policies CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026

 

31.

Public Open Space

 

Prior to above foundation level works commencing, details of on-site Public Open Space including LEAP and LAPs have been submitted to and approved by the Local Planning Authority. The approved Public Open Space shall be provided prior to the occupation of the 25th dwelling and shall be retained permanently thereafter.

 

Reason:  In order to provide adequate on site public open space to comply with Policies RL.1, RL.2 and RL.3 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), and in terms of the strategic objective to enhance green infrastructure in line with Core Strategy Policy CS18.  The National Planning Policy Framework also supports the provision of such green infrastructure and community facilities.

 

32.

Allotments

 

Notwithstanding details shown on the supporting plans, prior to above foundation level works commencing, details of new allotment provision (including details of servicing and maintenance) and timetable for delivery shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reason: In order to compensate for any loss of allotment provision resulting from the proposed emergency access from Station Road and to ensure timely delivery to meet the needs of future occupiers in accordance with Policy HSA2 of the Housing Site Allocations DPD 2006-2026, the Speen Village Design Statement (2002) and The National Planning Policy Framework,

 

33.

Reptile Mitigation Strategy

 

The development hereby permitted shall be carried out in accordance with the Reptile Mitigation Strategy set out with in Ecological Report by PV Ecology 2016 as updated in April 2019 with specific reference, amongst other elements, to a) the erection of reptile fencing prior to and during construction as per the yellow areas as shown in Appendix S and in accordance with the design shown in Appendix T, and b) the creation of two hibernacula with the purple area shown in Appendix S and to the standard as shown in Appendix U.

 

Reason:   To ensure the conservation and enhancement of the biodiversity assets of the site, including the protection of species and habitats, and in order to avoid contravention of the Wildlife and Countryside Act 1981.  This condition is applied in accordance with the National Planning Policy Framework (2019), and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

34.

Cycle Storage

 

Each dwelling hereby permitted shall not be occupied until details of cycle storage to serve that dwelling has been submitted to and approved in writing by the Local Planning Authority. The approved dwelling shall not occupied until the approved cycle storage has been provided in accordance with the approved details and the approved areas shall thereafter be kept available for the parking of cycles at all times.

 

Reason: To ensure the development reduces reliance on private motor vehicles and assists with the parking, storage and security of cycles.  This condition is imposed in accordance with the National Planning Policy Framework (2019), 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).

 

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 (2019), 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).

 

35.

Contamination Risks (Environment Agency)

 

Prior to each phase of development approved by this planning permission, no development (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site has been submitted to and approved, in writing, by the local planning authority:

 

1)    A site investigation scheme, based on the submitted risk assessment (Land At Speen, Preliminary Geo-Environmental Risk Assessment, REPORT NO 50400733, February 2016, WSP/Parsons Brinckerhoff) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

2)    The results of the site investigation and detailed risk assessment referred to in (1) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

3)    A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

 

Reason: Potential sources of contamination have been noted on this site. In particular an abandoned underground oil pipe line and a former railway is highlighted. This is located above the chalk principal aquifer. Small watercourses and a possible swallow hole are also shown. The site is also in a Source Protection Zone 2 for a public water supply abstraction. These are controlled water receptors which could be impacted by any contamination present on this site. Further investigation would be required to determine the extent of any contamination present and to what extent it poses a risk to controlled waters. Any risk identified would need to be adequately resolved to ensure that this does not impact on controlled water receptors. This may include remedial works to resolve contamination issues.

 

This condition is imposed in accordance with the National Planning Policy Framework (2019), Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012 and Policy OVS5 of the West Berkshire District Local Plan (1991-2006) Saved Policies 2007. A pre-condition is necessary because insufficient detailed information accompanies the application to ensure the proposal would not have an adverse impact on contamination within the site and so it is necessary to approve these details before any development takes place

 

36.

Verification Report

 

No occupation of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation has been submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

 

Reason: To ensure that contamination at the site is remediated such that the site does not pose a threat to controlled waters. This condition is imposed in accordance with the National Planning Policy Framework (2019), Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012 and Policy OVS5 of the West Berkshire District Local Plan (1991-2006) Saved Policies 2007.

 

37.

Unforeseen Contamination

 

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

 

Reason: To ensure that any unexpected contamination encountered during the developments is suitable assessed and dealt with, such that it does not pose an unacceptable risk to ground or surface water. This condition is imposed in accordance with the National Planning Policy Framework (2019), Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012 and Policy OVS5 of the West Berkshire District Local Plan (1991-2006) Saved Policies 2007

 

38.

Strategic Landscaping Plan

 

A strategic landscape plan for the whole site shall be submitted as part of the first reserved matters application and shall include the following details:

 

  • Key retained existing vegetation features on the site and its boundaries
  • Proposed Structural Planting, including Buffer Planting to site boundaries

 

The development shall thereafter be carried out in accordance with the approved plan.

 

Reason: To protect the character and appearance of the area. The condition is imposed in accordance with the National Planning Policy Framework, Policies ADPP1, ADPP2, ADDP5, CS13, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026, Policies GS1 and HSA2 of the Housing Site Allocations DPD 2006-2026, West Berkshire Quality Design SPD and the Speen Village Design Statement (2002).

 

 

 

2.         OUTLINE PLANNING PERMISSION

39.

Reserved Matters Submission

 

No development hereby permitted shall take place until details of the access, appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) of development have been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details.

 

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).

 

40.

3 years Submission Limit for Approval of Reserved Matters

 

Application for approval of all 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).

 

41.

Time Limit for Commencement

 

The development hereby permitted shall commence before the expiration of three 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, 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).

 

42.

Phasing Plan

 

A phasing Plan shall be submitted to and approved in writing by the local

planning authority on or before submission of the first reserved matters

application which shall show the phases in which development is to be carried out, including details on the broad number of dwellings (including affordable units) to be provided at each phase(s). The development shall thereafter only be carried out in accordance with the approved Phasing Plan.

 

Reason: To ensure the comprehensive masterplan led development of the site in accordance with the National Planning Policy Framework, Policies ADPP1, ADPP2, ADDP5, CS13, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026, Policies GS1 and HSA2 of the Housing Site Allocations DPD 2006-2026, West Berkshire Quality Design SPD and the Speen Village Design Statement (2002).

 

43.

Parking and Turning Areas

 

No dwelling hereby permitted shall be occupied until the associated vehicle parking and/or turning space has been surfaced, marked out and provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. The parking and/or turning space shall thereafter be provided in accordance with the approved details and 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 (2019), 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).

 

44.

Station Road Access

 

Upon occupation of the 50th dwelling hereby approved, the Station Road emergency access and cycle route shall be constructed and made available for use in accordance with the approved drawing 07733/SK/009 rev A or as otherwise agreed by the LPA.

 

Reason: In the interest of road safety.  This condition is imposed in accordance with the National Planning Policy Framework (2019) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

 

127.  45.

Off - site highway works

 

No dwelling hereby permitted shall be occupied until a Section 278 Agreement has been signed and provided to procure the following works:

 

By occupation of the 50th dwelling:

 

·         Emergency and cycleway access onto Station Road   

 

      Public Transport Infrastructure

·      Provision of raised Kassel kerb, 21 metre time-restricted bus stop clearway marking to enable the bus to safety line and timed clearway sign plate at “The Sydings” bus stop northbound in Station Road

·      Provision of raised Kassel kerb at arrival end and safety line at “The Sydings” bus stop southbound towards A4 in Station Road

 

      Dropped kerbing and tactile paving at the following locations:

·      Across Station Road at the junction with the A4

·      Across Lambourn Road west of the junction with Station Road with decrease in kern radii on western side of Station Road to enable this crossing

·      Across The Sydings at the junction with Station Road

·      Across Station Road at the southbound bus stop

 

Reason: To encourage sustainable travel, in the interest of road safety and to ensure adequate and unobstructed provision for pedestrians and/or cyclists. This condition is imposed in accordance with the National Planning Policy Framework (2019) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

 

 

3.     FULL PLANNING PERMISSION

46.

Time Limit

 

The development hereby permitted shall commence before the expiration of five 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).

 

47.

Approved plans

 

The development hereby permitted shall be carried out in accordance with the approved plans listed below:

 

·         Site location plan - SLP BR-01 rev B

·         Proposed Bath Road access – 07733/SK/002 rev E

·         Site layout – SL01 rev C

·         Car port - CP.01 rev B

·         Triple car port – CP.02 rev B

·         Plot 1 elevations – P1e rev A

·         Plot 1 floor plans – P1p rev A

·         Plot 2-3 elevations – P2-3e rev A

·         Plot 2-3 floor plans – P2-3p rev B

·         Plot 4-5 elevations – P4-5e rev A

·         Plot 4-5 floor plans – P4-5p rev B

·         Plot 6-7 elevations – P6-7e rev B

·         Plot 6-7 floor plans – P6-7p rev B

·         Plot 8-10 elevations – P8-10e rev B

·         Plot 8-10 floor plans – P8-10p1 rev B

·         Plot 8-10 floor plans – P8-10p2 rev B

·         Plot 11 elevations – P11e rev B

·         Plot 11 floor plans – P11p rev B

·         Plot 7 Carport – CP.03

 

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

 

48.

Archaeological Scheme of Building Recording

 

No demolition or development hereby permitted shall take place within the waterworks complex/underground reservoir until the applicant has secured the implementation of a programme of building recording in accordance with a written scheme of investigation which has 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 statement.

 

Reason: To ensure that an adequate record is made of these buildings of architectural, historical or archaeological interest. This condition is imposed in accordance with the National Planning Policy Framework (2019) and Policy CS19 of the West Berkshire Core Strategy (2006-2026). A pre-condition is necessary as insufficient information is provided at this stage.

 

49.

Visibility Splays Before Development

 

No development hereby permitted (other than works to implement the visibility splays hereby described) shall take place until visibility splays of 2.4metres by 43.0 metres have been provided at the A4 Bath Road 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 (2019) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

 

50.

Bath Road Access

 

No dwelling hereby permitted shall be occupied until the A4 Bath Road access has been constructed in accordance with the approved drawing reference 07733/SK/002 rev E.

 

Reason: In the interest of road safety.  This condition is imposed in accordance with the National Planning Policy Framework (2019) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

 

51.

Off - Site Highway Works

 

No dwelling hereby permitted shall be occupied until a Section 278 Agreement has been signed and provided to procure the following works:

 

·         Vehicular and footway access onto A4 Bath Road with turn right lane and pedestrian refuge crossing and footway widened to 1.8 metres fronting the site.  

 

Reason: In the interest of road safety and to ensure adequate and unobstructed provision for pedestrians and/or cyclists. This condition is imposed in accordance with the National Planning Policy Framework (2019) and Policy CS13 of the West Berkshire Core Strategy (2006-2026). 

 

52.

Parking and Turning Areas

 

No dwelling hereby permitted shall be occupied until the associated vehicle parking and/or turning space has been surfaced, marked out and provided in accordance with the approved plans. The parking and/or turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

 

Reason: To ensure the development is provided with adequate parking facilities, in order to reduce the likelihood of roadside parking that would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with the National Planning Policy Framework (2019), 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).

 

53.

Permitted Development Rights Removed

 

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no extensions, alterations, buildings or other development which would otherwise be permitted by Schedule 2, Part 1, Classes A, B, C and E of that Order shall be carried out without planning permission being granted by the Local Planning Authority on an application made for that purpose.

 

Reason: To prevent the overdevelopment of the site and in the interests of respecting the character and appearance of the surrounding area.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), Quality Design SPD (June 2006) and The Speen Village Design Statement (2002).

 

54.

External Materials

 

Prior to above foundation level works commencing, details of external facing materials shall have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with approved details. 

 

Reason: To ensure the satisfactory appearance of the development and in order to protect the character and amenity of the area.  This condition is applied in accordance with the National Planning Policy Framework (2019), Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), the Quality Design SPD (June 2006) and Speen Village Design Statement (2002).

 

55.

Obscure Glazing

 

The first floor windows in the first floor south facing elevations of the dwellings identified as Plot 11 and plot 5 hereby permitted shall be of a top hung design and be fitted with obscure glazing before this dwelling is first occupied.  The obscure glazing shall be permanently retained in that condition thereafter.

 

Reason:  In the interests of safeguarding the privacy of the neighbouring occupants.  This condition is applied in accordance with the National Planning Policy Framework (2019), Policy CS14 of the West Berkshire Core Strategy 2006-2026, Quality Design SPD (2006) and House Extensions SPG (July 2004).

 

56.

Landscaping (including hard surfaces)

 

No development hereby permitted shall take place (including site clearance and any other preparatory works) until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority.  The details shall include the treatment of hard surfacing and materials to be used, a 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 landscaping within the first planting season following the completion of the development; and

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

 

Thereafter the approved scheme shall be implemented in full.

 

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the objectives of the National Planning Policy Framework 2019 and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy July 2006-2026.

 

Heads of Terms for Section 106 Agreement

1.

Affordable housing

 

Obligations to secure:

·         41 affordable housing units on-site comprising social rented units and an intermediate form of affordable housing.

 

2.

Public Open Space, Allotments, Landscape Buffers/Green Infrastructure and SUDS/Drainage

 

Obligations to secure:

·         The provision of public open space (including LEAP/LAP), landscape buffers/green infrastructure and SUDS/drainage measures in accordance with details agreed at reserved matters stage and pursuant to conditions.

·         The provision of Allotments in accordance with details agreed pursuant to conditions.

·         The long term governance and maintenance of the public open space (including LEAP/LAP), allotments, landscape buffers/green infrastructure, ecological enhancement areas and SUDS/drainage measures (e.g. a management company or transferred to the Council).

·         In the event that the public open space, landscape buffers/green infrastructure and/or SUDS/drainage measures are transferred to the Council, the provision of a commuted sum for maintenance (calculated in accordance with the Planning Obligations SPD).

 

3.

Highways

 

Obligations to secure:

 

·         £9,240* per annum for 5 years towards to Community bus service (Total £46,200);

·         £100,000* towards upgrading the Public Right of Way Speen 7/1 to adoptable standard for use by pedestrians and cyclists.

 

(*unless paid first as part of planning application reference 17/02093/FULD by the same applicant on the adjacent development site).

 

 

 

Supporting documents: