Agenda item

Proposal:	Change of use of 1 and 3 Kennet Road from 2 dwellings to 6 self-contained flats, minor exterior alterations and associated car parking and gardens.
Location:	1 and 3 Kennet Road, Newbury, RG14 5JA.
Applicant:	Four Acres Investments.
Recommendation:	To delegate to the Head of Development and Planning to grant planning permission.

 

(Councillors Phil Barnett and Tony Vickers declared a personal interest in Agenda Item 4(2) by virtue of the fact that they were Members of Newbury Town Council’s Planning and Highways Committee. As their interest was personal and not prejudicial or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.)

(Councillor Jeff Cant declared a personal interest in Agenda Item 4(2) by virtue of the fact that he was a Member of Newbury Town Council. 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.)

(Councillor Adrian Abbs declared a personal interest in Agenda Item 4(2) by virtue of the fact that his commercial offices are within 100m of the property. 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 20/01186/FUL in respect of the change of use of 1 and 3 Kennet Road from 2 dwellings to 6 self-contained flats, minor exterior alterations and associated car parking and gardens.

 

2.     Sian Cutts introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was acceptable and a conditional approval was justifiable. Officers recommended the Committee to delegate to the Head of Development and Planning to grant planning permission subject to the conditions listed in the main report and in the update report.

 

3.     The Chairman invited Paul Goddard to make observations on the proposed development. Paul Goddard stated that all amendments that had been sought had been provided, including electric vehicle charging points for all spaces. He noted that cycle storage, access and parking provision were acceptable and stated that the Highway Authority was very satisfied with the plans and recommended approval subject to conditions.

Removal of speaking rights

4.     As resolved at the Extraordinary Council meeting held on 29 April 2020, public speaking rights had been removed for virtual Council meetings. This right had replaced with the ability to make written submissions. This decision had been made in accordance with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panels Meetings) (England and Wales) Regulations 2020.

 

5.     In accordance with the Extraordinary Council resolution, written submissions had been received from David Jones (Evans Jones Ltd), agent.

 

6.     The written submission was read out by the Clerk to the Committee as follows:

Agent Representation

Your Officer’s Report has comprehensively set out the planning considerations and associated planning balance. This proposal is supported by Officer’s with a clear recommendation to approve this application, subject to conditions.

The principle of the development is considered to be acceptable, being within the settlement boundary of the principal urban area of Newbury. A location where your authority seeks to focus new development.

The statutory consultees offer no objection, this proposal being acceptable in relation to flood risk, highway safety, heritage assets, preserving the existing character of the adjacent Conservation Area.

The drawings provided with the application demonstrate that there is sufficient amenity space for the occupiers and that the private amenity space provided on site would provide a reasonable degree of privacy. The amenity areas are consistent with that typically found is this area ensuring that development is not be cramped.

The development will not have a detrimental impact on the privacy of neighbouring occupiers, with only one additional window (serving a habitable room) proposed as part of this development the single window serving a habitable room and this does not face directly towards any habitable rooms in neighbouring properties, thus ensuring that there is no additional overlooking as a result of the development.

The applicant has worked with drainage officers to ensure that the development is acceptable in relation to flood risk through the provision of bedrooms on the first floor as opposed to the ground floor, as the submitted plans demonstrate.

Furthermore, the change of use of the property will not increase the flood risk in the wider area.

With regards to the provision of electric vehicle charging stations and cycle parking, the applicant has worked with officers to ensure that this is sufficient. The Highway Officer has confirmed that they have no objection to the development in this regard.

It is hoped that Councillors will support their Officer’s recommendation and approve this application.

Ward Member Representation

7.     Councillor Andy Moore in representing the Committee as Ward Member made the following points:

 

·           The application had been called in because the ward member felt that the committee needed to take stock of the whole position.

 

·           The fact that the applicant had submitted this application demonstrated awareness that the previous application did not accord with policy.

 

·           He praised the applicant for wanting to redevelop the properties, which were in a poor condition, and bring them back into use.

·           He encouraged members of the committee to approve the application which he felt would be of benefit to the vicinity.

Member Questions of the Ward Member

8.     There were no questions for the Ward Member.

Questions to Officers

9.     Councillor Carolyne Culver asked about the implications of covering an area that was currently garden with gravel, in terms of flood risk.

 

10.  Sian Cutts stated that the applicant had submitted a flood risk assessment, which was required to include sustainable drainage methods to ensure surface water drainage at the site would be equivalent to green field levels. She confirmed that the flood risk assessment had been assessed by the Council’s drainage engineers who were satisfied with the proposal. She noted that a condition was proposed requiring further details to be submitted, to demonstrate that the site would not increase the risk of flooding beyond the site or make existing flooding worse.

 

11.  Councillor Culver asked about current levels of on-site parking provision for the properties.

 

12.  Councillor Tony Vickers confirmed that there were two parking spaces, and that the applicant had created a dropped kerb to the north side of number three.

 

13.  Councillor Phil Barnett suggested that broken hardcore with gravel on top would drain well, but concrete with chippings on top would not. He asked for confirmation of what material would be under the gravel.

 

14.  Sian Cutts indicated that the matter would be addressed by the proposed condition requiring the applicant to submit further details on drainage.

 

15.  Councillor Adrian Abbs asked if the condition would ensure that the permeability would be equivalent to that of a green space.

 

16.  Sian Cutts confirmed that was correct.

 

17.  Councillor Hilary Cole asked for clarification that the current policy required all hard surfaces to have permeable drainage. Paul Goddard confirmed that this would be sought whenever possible, taking account of the current extent of the concreted area. He indicated that the drainage engineer was content that the site would be sufficiently improved such that it would not increase the risk of flooding, and would increase permeable drainage within the site.

 

18.  Councillor Jeff Cant thanked the planning officers for making the application easy to understand.

 

Debate

19.  Councillor Howard Woollaston opened the debate by proposing to accept the officer’s recommendation to approve the application subject to conditions. Councillor Cole seconded the proposal.

 

20.  Councillor Vickers noted that the floor levels of these properties were amongst the lowest of anywhere in West Fields and wished the developer luck.

 

21.  Councillor Abbs indicated that he was happy to approve the application, but expressed a reservation in relation to the existing approval to part-demolish the property, and asked if the committee had the ability to recant that as part of the approval of the new proposal.

 

22.  Sian Cutts stated that these were two stand-alone applications, so either the extant permission or the new one could be implemented, but implementing elements of both as part of a ‘mix and match’ approach would not be permitted.

 

23.  Councillor Dennis Benneyworth thanked the officer for her thorough presentation. He expressed a reservation about the loss of a parking space in an area where capacity was already limited, but indicated that he understood the reasons for this and therefore supported the officer’s recommendation.

 

24.  The Chairman invited the Committee to vote on Councillor Wollaston proposal to accept officer’s recommendation and refuse planning permission for the reasons listed in the main report and update report, as seconded by Councillor Cole. At the vote, the motion was carried.

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

Conditions

1.            Commencement of development

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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

2.            Approved plans

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

Location Plan Drawing No. 114 received on 27th May 2020;

Proposed Site Plan Drawing No.111 Rev A received on 8th July 2020;

Proposed Plans and Elevations Drawing No 113 Rev A received on 8th July 2020;

Flood Risk Assessment & Drainage Strategy prepared by SDS Consulting Ltd Ref 5342-RP01 received on 27th May 2020.

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

3.            Materials

The materials to be used in the external finishes of the development hereby permitted shall match those on the existing development in colour, size and texture, and those materials shall remain at all times thereafter as the unaltered external finish to the development hereby permitted.

Reason: To ensure that the external materials are visually attractive and respond to local character.  This condition is imposed in accordance with the National Planning Policy Framework (2019), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006) and the Newbury Town Design Statement.

4.            Electric Vehicle Charging Points

No dwelling shall be occupied until electric vehicle charging point of at least 22kw has been provided in accordance with the approved drawings. The charging point shall thereafter be retained and kept available for the potential use of an electric car.

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), and Policy P1 of the Housing Site Allocations DPD.

5.            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 details.  The statement shall provide for:

a)     The parking of vehicles of site operatives and visitors

b)     Loading and unloading of plant and materials

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

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

e)     Wheel washing facilities

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

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

h)     A site set-up plan during the works

Thereafter all demolition and construction work shall be carried out in accordance with the approved details.

Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety.  This condition is imposed in accordance with the National Planning Policy Framework, Policies CS5 and CS13 of the West Berkshire Core Strategy (2006-2026). A pre-commencement condition is necessary as details of first operations are required to be approved and insufficient information was submitted with the application.

6.            Parking/turning in accordance with approved plans

No dwelling shall be occupied until the vehicle parking and turning spaces have been surfaced, marked out and provided in accordance with the approved plans.  The parking and turning space shall thereafter be kept available for parking of private motor cars 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, Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy P1 of the Housing Site Allocations DPD.

7.            Access construction prior to occupation

No dwelling shall be occupied until the accesses have been constructed in accordance with the approved drawings.

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

8.            Cycle Parking

No dwelling shall be occupied until the cycle parking has been provided in accordance with the approved drawings and this area 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, Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy P1 of the Housing Site Allocations DPD.

9.            SUDs Drainage

No occupation of the development shall take place until the following details have been submitted to and approved in writing by the Local Planning Authority. These details shall:

a)     Ensure that all sleeping accommodation is located on the first floor.

b)     Include a standalone Flood Response Plan detailing the actions to be undertaken in the event of a flood event. These shall include safe access and egress from the site and appropriate areas of safe refuge;

c)     Include confirmation of the detailed flood resistant and resilient measures (i.e. levels and locations) to be employed within the proposed developments;

d)     Include details of how the SuDS measures will be maintained and managed after completion in a standalone Management and Maintenance Plane. These details shall be specify the management company as, due to the shared areas, it would not be appropriate for the plot owners to manage any SuDS features;

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

f)      Written confirmation is required from Thames Water of their acceptance of the discharge from the site into the surface water sewer and confirmation that the downstream sewer network has the capacity to take this flow.

Reason: To ensure that surface water will be managed in a sustainable manner and to prevent the increased risk of flooding. This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), and Sustainable Drainage Systems SPD (2018).

10.         Boundary Treatment

No dwelling shall be occupied until details, to include a plan, indicating the positions, design, materials and type of boundary treatment to be erected has been submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed in accordance with the approved scheme before the dwellings hereby permitted are occupied. The approved boundary treatments shall thereafter be retained.

Reason: The boundary treatment is an essential element in the detailed design of this development and the application is not accompanied by sufficient details to enable the Local Planning Authority to give proper consideration to these matters. This condition is imposed in accordance with the National Planning Policy Framework (2019), Policies CS14 and CS19  of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006) and the  Newbury Town Design Statement.

11.         Hours of working

No demolition or construction works shall take place outside the following hours:

7:30am to 6:00pm Mondays to Fridays;

8:30am to 1:00pm Saturdays;

nor at any time on Sundays or Bank Holidays.

Reason: To safeguard the amenities of adjoining land uses and occupiers.  This condition is imposed in accordance with the National Planning Policy Framework (2019), Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policies OVS5 and OVS6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

12.         Sound proofing

No dwelling shall be occupied until a scheme for protection the proposed dwellings from internally generated noise have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the noise mitigation measures identified in the approved scheme, have been fully implemented. The noise mitigation measures shall be retained and maintained thereafter.

Reason: To protect future residents from internal noise caused by the proposal. This condition is imposed in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policy OVS6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

Informatives

1.            Proactive

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.  In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

2.            CIL

The development hereby approved results in a requirement to make payments to the Council as part of the Community Infrastructure Levy (CIL) procedure.  A Liability Notice setting out further details, and including the amount of CIL payable will be sent out separately from this Decision Notice.  You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the authority prior to the commencement of the development.  Failure to submit the Commencement Notice will result in the loss of any exemptions claimed, and the loss of any right to pay by instalments, and additional costs to you in the form of surcharges.  For further details see the website at www.westberks.gov.uk/cil

3.            Damage to footways, cycleways and verges

The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

4.            Damage to the carriageway

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

5.            Incidental works affecting the highway

Any incidental works affecting the adjoining highway shall be approved by, and a licence obtained from, the Principal Engineer (Streetworks), West Berkshire District Council, Transport & Countryside, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 519169, before any development is commenced.

6.            Resident’s Parking Permits

Notwithstanding the provisions of the Human Rights Act 1998, occupiers of the development or part thereof hereby approved shall not by right become entitled to a residents parking permit.