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Agenda item

Application No. and Parish: 17/02093/OUTMAJ - Land off Lambourn Road, Speen, Newbury

Proposal:

Outline planning application for up to 14 dwellings and associated works - all matters reserved except access.

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 (2) 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(2)) concerning Planning Application 17/02093/OUTMAJ in respect of outline planning application for up to 14 dwellings and associated works – all matters reserved except access.

2.    The application site formed part of a wider parcel of land that was allocated for approximately 100 dwellings. The remainder of the parcel of the land was subject to a separate hybrid planning application under 17/02092/OUTMAJ for outline permission for 93 dwellings, new public open space, extension to existing allotments and a detailed application of 11 new dwellings, new access to the Bath Road and associated works. The applicant had requested that both applications should be determined in parallel to ensure a comprehensive and cohesive approach to the overall housing site allocation.

3.    The access details comprised a new vehicular access onto Lambourn Road to the east of the A34 overbridge. The Highways Officer confirmed that no objections had been made in relation to this application in terms of highways safety and there would also be a traffic calming gateway along the Lambourn Road.

4.    In accordance with the Council’s Constitution, Steven Smallman and David Dixon, agents, addressed the Committee on this application.

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

·         Mr Smallman confirmed that in relation to the ecology surveys which had been raised in the previous application all Phase 1 surveys had been completed which had led to some Phase 2 surveys taking place for both sites and these had also been completed.

6.    Councillor Tony Vickers noted that the vehicular access and the footpath did not follow the same route and he asked for assurance that the  rural character of the Lambourn Valley Way would be maintained. Mr Smallman confirmed that that would be the case.

7.    Councillor Hilary Cole stated that extensive discussion had taken place on the previous application and therefore proposed that the Officer recommendation be agreed. This was seconded by Councillor Tony Vickers and agreed by the Committee with one abstention (Councillor Adrian Abbs).

RESOLVED that provided a Section 106 Agreement had been completed by 7 March 2020 (or such longer period that might be authorised by the Head of Development and Planning, in consultation with the Chairman or Vice Chairman of the Western Area Planning Committee), to delegate to the Head of Development and Planning to GRANT PLANNING PERMISSION subject to the conditions listed below and subject to the following amended s106 Heads of Terms:

‘1. Affordable Housing

Obligations to secure 6 affordable housing units on-site comprising 4 social rented units and 2 units of an intermediate form of housing.’

OR, if a Section 106 Agreement was not completed, to REFUSE PLANNING PERMISSION for the reasons set out below.

Conditions:

1.

Reserved Matters Submission

 

No development hereby permitted shall take place until details of the 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).

 

2.

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).

 

3.

Time Limit

 

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).

 

4.

Total Number of Units

 

The number of dwellings hereby permitted shall not exceed 14 in total.

 

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

 

5.

Approved plans

 

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

 

·         Site location plan - SUTT150715 SLP LR-01

·         Lambourn Road access – 0733 SK 007 rev A

 

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

 

6,

Approved Development Parameters

 

The reserved matters submitted pursuant to condition 1 shall be in accordance with the following Development Parameter Plans:

 

·         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).

 

7.

Housing Mix and Tenure Plan

 

Prior to the above foundation level works commencing, a schedule of the 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).

 

8

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:  Insufficient information on levels has been provided as part of the application.  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).

 

9.

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 approved access into the site from Lambourn Road. The visibility splays shall thereafter be kept free of all obstructions to visibility above a height of 0.6 metres above the 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).

 

10.

Lambourn Road Access

 

No dwelling hereby permitted shall be occupied until the Lambourn Road access has been constructed in accordance with approved drawing reference 0733 SK 007 rev A.

 

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).

 

11.

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:

 

As a first operation:

 

·      Vehicular and footway access onto Lambourn Road with 30mph signs and gateway feature.  

 

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).

 

12.

CONS1 - Construction method statement

 

No development hereby permitted 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;

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).

 

13.

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).

 

14.

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).

 

15.

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).

 

16.

Electric Charging Points

 

Prior to above foundation level development taking place on the dwellings hereby permitted, details of electric vehicle charging points shall have been submitted to and approved in writing by the Local Planning Authority. The dwellings hereby permitted shall not be occupied until the electric vehicle charging points have been provided in accordance with the approved drawings. The charging points shall thereafter be retained and kept available for use by electric vehicles.

 

Reason:   To promote the use of electric vehicles.  This condition is imposed in accordance with the National Planning Policy Framework (February 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).

 

17.

Cycle Storage

 

Prior to above foundation level development taking place on the dwellings hereby permitted, details of the cycle parking and storage space shall have been submitted to and approved in writing by the Local Planning Authority. Each dwelling shall be not be occupied until the cycle parking and storage space has been provided for that dwelling in accordance with the approved details and retained for this purpose at all times.

 

Reason: To ensure that there is adequate and safe cycle storage space within the site.  This condition is imposed in accordance with the National Planning Policy Framework (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).

 

18.

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).

 

19.

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).

 

20.

Sustainable Drainage

 

No development hereby permitted shall take place until details of sustainable drainage measures to manage surface water within the site has been submitted to and approved in writing by the Local Planning Authority (in consultation with Natural England). 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;

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

 

21.

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.

 

22.

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).

 

23.

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).

 

24.

Contaminated Land

 

Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until sub-conditions A to C below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until sub-condition D has been complied with in relation to that contamination.

 

A. Site characterisation

An investigation and risk assessment, in addition to any assessment provided

with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority. The report of the findings must include:

 

(i) a survey of the extent, scale and nature of contamination

(ii) an assessment of the potential risks to:

• human health

• property (existing or proposed) including buildings, crops, livestock,

pets, woodland and service lines and pipes

• adjoining land

groundwaters and surface waters

• ecological systems

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted in accordance with DEFRA and the Environment

Agency’s ‘Model Procedures for the Management of Land Contamination, CLR

11’.

 

B. Submission of remediation scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

C. Implementation of approved remediation scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development (other than that required to carry out remediation). The local planning authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be submitted and approved in writing by the local planning authority.

 

D. Reporting of unexpected contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of sub-condition A above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of sub-condition B above, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with  sub-condition C above.

 

E. Long term monitoring and maintenance

In the event contamination is found at the site, a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period to be agreed with the local planning authority, and the provision of reports on the same must be prepared, both of which must be

submitted and approved in writing by the local planning authority.

Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the local planning authority.

 

Reason: To ensure the creation of a safe living environment for future occupiers, to avoid the risk of pollution and to ensure that any unexpected contamination encountered during the developments is suitable assessed and dealt with, such that it does not pose a unacceptable risk to ground or surface water 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

 

25.

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).

 

26

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).

 

27

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).

 

28.

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).

 

29.

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.

 

30.

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.

 

30

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.

 

31

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.

 

32.

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.

 

33.

CLP Oil Pipeline

 

Prior to any development hereby permitted commencing on land within 6m of existing CLP (Oil) Pipeline located beyond the southern 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).

 

34.

Public Rights of Way

 

Notwithstanding information provided with the supporting application documentation, prior to any works commencing on, or affecting, the Public Right of Way (PROW) ‘Speen 7/1’, 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).

 

35.

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.

 

36.

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).

 

37.

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.

 

38.

Habitat Management Plan

 

No development hereby permitted shall take place until a 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.  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 associated green infrastructure 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 National Planning Policy Framework (2019) and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

39.

Public Open Space

 

Prior to above foundation level works commencing, details of on-site Public Open Space 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 10th 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.

 

40.

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 (including Appendix A and B) 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.

 

Heads of Terms for Section 106 Agreement

1.

Affordable housing

 

Obligations to secure:

·         8 affordable housing units on-site comprising 4 social rented units and 2 units of an intermediate form of affordable housing.

 

2.

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

 

Obligations to secure:

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

·         The long term governance and maintenance of the public open space, landscape buffers/green infrastructure 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 17/02092/FULD by the same applicant on the adjacent development site).

 

Refusal Reasons

1.

Lack of S106

 

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

 

(a)  Affordable housing, without which the proposal would be contrary to the NPPF, Policy CS6 of the West Berkshire Core Strategy 2006-2026, and the Planning Obligations SPD.

 

(b)  Public open space and sustainable drainage measures (provision and governance), without which the proposal would be contrary to the NPPF, Policies CS16 and 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 Planning Obligations SPD.

 

(c)  Highways mitigation measures, without which the proposal would be contrary to the NPPF and Policy CS13 and the Planning Obligations SPD.

 

Informative Notes

1.

Working Proactively with the Applicant

 

This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development.  The local planning authority has worked proactively with the applicant to secure a development that improves the economic, social and environmental conditions of the area.

 

2.

CLP Pipe Line

 

The applicants is advised to contact CLH Pipeline System who advise that their client’s apparatus, the CLH Pipeline System – Energy Act 2013 (CLH PS), may be affected by the proposal. In order to verify the accurate location of the pipeline in conjunction with the development proposals to arrange a site visit, please contact:

 

Central Services email: anne.swallow@clhps.uk

Ashdon Road Tel: 01799 564101

Saffron Walden

Essex, CB10 2NF

 

When contacting Central Services, please quote the File Ref ATC/WB/WB/0950/172161.

You should note that the interests of the CLH Pipeline System are conserved by means of the Energy Act 2013, in particular Part IV of the Act, and other legislation such as the Pipeline Safety Regulations 1996. It is, however, the Energy Act 2013 that prohibits any development and most intrusive activities within the Easement Strip without specific consent from CLH Pipeline System. CLH Pipeline System Easement Strips are 6 metres wide and can incorporate other associated CLH Pipeline System facilities.

 

Central Services will be able to provide guidance on the required procedures for entering into a Works Consent and provide confirmation on permitted development and intrusive activities. The whole process of obtaining Works Consent can take between four and six weeks depending on circumstances at the time of application.

 

To reiterate, you should not undertake any work or activity without first contacting the CLH Pipeline System Operator for advice and, if required, Works Consent. For your additional information please visit:

http://www.linesearchbeforeudig.co.uk/index.php/useful-info, which set out the

standard requirements for working/crossing the CLH Pipeline System – Energy Act 2013.

 

You should also be aware that landowners and third parties have a duty of care not to carry out any works that have the potential to damage CLH Pipeline System apparatus. This duty of care applies even if the works themselves are situated more than 3 metres from thepipeline. Examples of such works are mineral extraction, mining, explosives, piling andwindfarms.

 

Please note that implementation of any unapproved work that affects a CLH Pipeline System Easement Strip may result in serious consequences in terms of health and safety, expense and other attendant liabilities. In such cases it is the perpetrator of the act, together with any other promoting organisation, that shall be held fully accountable for any resulting damage.

 

Should you require any further assistance please contact Central Services using the details provided above.

 

 

 

Supporting documents: