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Agenda item

Application No. and Parish: 21/02271/FULD, Land North of 31 Horn Street, Compton

Proposal:

New 2 bedroom House

Location:

Land North of 31 Horn Street, Compton

Applicant:

Brewin JV Ltd

Recommendation:

To delegate to the Service Director – Development and Regulation to GRANT PLANNING PERMISSION subject to conditions

 

Minutes:

(Councillor Carolyne Culver declared a personal interest in Agenda Item 4(1) by virtue of the fact that she was the local Ward Member for this application. As her interest was personal and not prejudicial or a disclosable pecuniary interest, she determined to remain to take part in the debate and vote on the matter.)

(Councillor Carolyne Culver declared that she had been lobbied on Agenda Item 4(1).)

1.     The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 21/02271/FULD in respect of Land North of 31 Horn Street Compton. Planning permission was sought for a two bedroom house.

2.     Ms Sian Cutts, Senior Planning Officer, 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 in planning terms and officers recommended that the Service Director – Development and Regulation be authorised to grant planning permission subject to the conditions outlined in the main and update reports.

3.     The Chairman asked Mr Gareth Dowding, Principal Engineer (Traffic and Road Safety), if he had any observations relating to the highways aspects of the application. Mr Dowding indicated that swept path analysis had been undertaken to show that cars could enter and leave the parking spaces, even with vehicles parked opposite. The driveway dimensions met the required standards. An electric vehicle charge point would be secured through a condition. Visibility splays had been checked based on speed surveys at the site. In conclusion the proposal satisfied all highway requirements.

4.     In accordance with the Council’s Constitution, Mr Martin Buckland, Agent, addressed the Committee on this application.

 

Applicant/Agent Representation

5.     Mr Buckland in addressing the Committee raised the following points:

·         He was local to the area, having lived in the village for over 30 years.

·         As a daily user of Horn Street, he was aware of how the parking reduced it to a single lane.

·         Most users of Horn Street were local and travelled at low speeds - he had never experienced a collision or near miss on the road.

·         The proposal would deal with existing issues and bring benefits to the area.

·         There were always objections to development proposals, but there was also lots of support for this application.

·         The application was consistent with the Neighbourhood Development Plan.

·         The Case Officer’s report showed that all requirements had been met.

·         There were precedents for infill in the village.

·         The application would create an affordable home that would be within the ‘help to buy’ scheme.

·         He had grown-up children who were unable to afford to buy a home in the village and the proposed major development at the Institute for Animal Health site would not take place for some years.

·         The neighbouring property had been renovated – this had previously been almost uninhabitable – so the proposal would effectively provide two additional properties.

·         The developer had worked closely with the Council, and had agreed to forego rights to build an approved extension on the neighbouring property, as well as making changes to lights and windows, and adding solar panels and an electric vehicle charge point.

·         Overall, the development should be viewed as positive for the area.

 

 

Member Questions to the Applicant / Agent

6.     It was noted that there was an existing extension on the adjacent property and it was queried whether an additional extension would be built. Mr Buckland confirmed that there was extant permission for another extension, but this would not be built if permission for the new house was granted.

7.     Members asked about the position of the solar panels. It was confirmed that the west side of the property was the better side for solar panels.

8.     It was suggested that the Parish Council objection would have taken account of the affordable housing need in the village. Mr Buckland noted that the Parish Council tended to object strongly to applications, but indicated that all of their concerns had been addressed. He hoped they would be supportive of providing more affordable homes for young people.

9.     Members asked about the materials to be used for the roof and brickwork. It was noted that these would be agreed with Officers and samples would be provided as required.

10.  Clarification was sought as to the number of charge points to be provided. It was confirmed that one would be provided initially, but more could be added in future. When asked, Mr Buckland did not object to two charge points being conditioned.

11.  Members noted that the property was close to other dwellings and asked if the agent would object to restricted working hours. Mr Buckland recognised that the site was in a residential area and he was happy to comply with restrictions imposed by the Construction Management Plan.

12.  It was noted that there was a lot of material currently on the site, despite the extension on the adjacent property being complete. It was confirmed that this was associated with refurbishment of the existing extension and the proposed rear extension would be foregone.

 

Ward Member Representation

13.  Councillor Carolyne Culver in addressing the Committee raised the following points:

·         She felt torn on the application, having considered the Village Design Statement (VDS) and Neighbourhood Development Plan (NDP).

·         There was a need for more affordable homes in the village and she had previously highlighted the need for more 1-2 bed homes to allow older residents to downsize and younger ones to remain.

·         It was better to have infill than build on greenfield sites.

·         It was not known when the residential development would come forward at the Institute for Animal Health and the number of smaller homes that would be provided on that site was not known.

·         Horn Street was congested, with on-street parking reducing it to a single lane.

·         She initially had concerns about access to and from the property, but Highway Officers were happy with the layout.

·         There was already a mix of modern and traditional architecture in the vicinity of the site.

·         Infilling was not inappropriate, since that side of Horn Street was already terraced.

·         There would still be green space to the north of the site.

·         Policy 8 of the NDP included 22 design parameters – most were addressed, and many left ‘wiggle room’ for interpretation:

o   The proposed development was proportionate in height and the two storey extension would not be built.

o   Off road parking would be provided

o   Whether there would be adequate space between buildings was a matter for interpretation.

o   In terms of infilling, no. 27 was physically attached to newer adjacent properties, which had set a precedent.

o   The property would have dormer windows.

o   The house would be a gable building.

o   The agent would be happy to use appropriate materials.

o   The building would have a porch.

o   It would not have a Lady Wantage style dormer, but only one other property on the road had one, and it was not known if these were still produced.

o   She suggested that the use of close-boarded fencing could be reconsidered.

o   She also indicated that she would prefer the solar panels to have a brown hue to complement the roof tiles.

·         On balance, Councillor Culver felt that proposal was acceptable, but acknowledged that there was room for debate.

 

Member’s Questions to the Ward Member

14.  The Ward Member was asked if she was felt the proposal to be sufficiently compliant with the NDP. Councillor Culver confirmed that more requirements were satisfied than not. On the issue of Lady Wantage dormer windows, she repeated that she was not sure if these were still produced.

 

Member’s Questions to Officers

15.  There was a query about the use of obscured glazing in the bathroom window. Officers confirmed that this could be conditioned.

16.  Members noted that the distance to the windows of properties to the rear of the site would be less than the 21m standard. It was explained that 21m applied where there was direct overlooking, but this could be reduced when the windows were at an angle. The fencing would eliminate overlooking at ground floor level, and the first storey windows on the new property would be roof lights, with the bedroom window 2m above floor level, so overlooking would not be an issue. It was explained that each application was assessed on its own merits and existing relationships were also considered. There were several buildings around the site with overlooking, and it was not considered that the proposal would worsen the existing situation.

17.  The Highways Officer was asked about vehicle access / egress. It was explained that the spaces had been widened so cars would have more room to swing in and out to compensate for when cars were parked opposite. Also, a car could get in / out of one space with a car parked in the other space.

18.  Members asked if the close-boarded fence could be replaced with a picket fence at the front of the property. It was confirmed that this was proposed, but there was an existing post and rail fence that belonged to the adjacent property.

19.  A question was asked about the choice of materials, taking account of the fact that the property was in the Conservation Area. It was explained that external materials were covered by a proposed condition. The name and colour of the bricks / tiles would be provided and samples could be requested. Construction materials were not usually conditioned, but the Energy Statement provided some additional information. Members were informed that they could also seek flush roof lights and control the colour of the solar panels as part of the external materials condition.

20.  Members asked about restrictions on hours of working – it was confirmed that this matter was covered in the Update Sheet.

 

Debate

21.  Councillor Adrian Abbs opened the debate. He had initially been concerned by the Parish Council’s objection, but had been reassured by the Ward Member’s response. On balance he supported the proposal.

22.  Councillor James Cole indicated that he was against garden grabbing in principle, but the Ward Member was happy. Other positive aspects related to the low flood risk, the provision of smaller properties, and carbon reduction. He felt that the Planning Officers had done a good job and proposed to accept the Officer Recommendation.

23.  Councillor Jeff Cant was puzzled by the grounds for objection and felt that the proposal would deliver a significant enhancement to the plot and the village and indicated that he would vote to approve it.

24.  Councillor Phil Barnett indicated that the proposal was better than many of the other small properties that had previously come before the Committee, since it had a reasonable sized communal area. He also liked that a family could benefit from the creation of an affordable home.

25.  Councillor Clive Hooker indicated that he supported the principle of applications being called in by 10 or more objections, but he could not see that any planning policies had been breached to a sufficient extent to justify refusal. The application represented infill development within the existing settlement, so the presumption should be to approve it. The applicant had worked with the Council to resolve issues. Councillor Hooker seconded the proposal to accept Officer’s Recommendation, subject to amendments of the conditions.

26.  Councillor Abbs asked for a condition to be imposed to obscure the glass in the bathroom window.

27.  Councillor Culver asked for conditions to require solar panels to have a brown hue, and for materials to be consistent with the requirements of the VDS. She also encouraged Officers to address as many as possible of the 22 statements in the VDS to ensure that it fitted into the street scene.

28.  Councillor Cole asked for conditions around conservation roof lights and also for two charge points to be provided.

29.  Mr Dowding indicated that the requirement was for any charge points to be 7.2kW, but the number of charge points was not usually specified.

30.  Councillor Abbs indicated that unless a three-phase power supply was provided, the chargers would operate at less than 7.2kW.

31.  Mr Simon Till suggested that the Committee should not seek provision beyond Highways’ Officers requirements.

32.  Councillor Hooker agreed and indicated that multiple charge points per unit were not sought on other new builds. He felt that the Committee should not set a precedent. He indicated that this would be a starter home so occupants would be unlikely to have two electric cars.

33.  Councillor James Cole proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report, to be amended to reflect discussions in the meeting. This was seconded by Councillor Clive Hooker.

34.  The Chairman invited Members of the Committee to vote on the proposal by Councillor James Cole, seconded by Councillor Clive Hooker to grant planning permission. At the vote the motion was carried.

RESOLVED that the Service Director – Development and Regulation 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 and Block Plan Drawing No HSNHC/01 Rev H received on 22nd March 2022;

Proposed Floor Plans Drawing No HSNHC/04 Rev F received on 17th February 2022;

Proposed Elevations and Section Drawing No HSNHC/05 Rev F received on 22nd March 2022; and

Design and Access Statement received on 6th September 2021.

 

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

 

3.

Schedule of materials (prior approval)

No development above foundation slab level shall take place until a schedule of the materials to be used in the construction of the external surfaces and conservation style roof lights, of the development hereby permitted, has been submitted to and approved in writing by the Local Planning Authority.  Samples of materials shall be made available upon request.  Thereafter the development shall be carried out in accordance with the approved details.

 

Reason:   To ensure that the external materials respect the character and appearance of the 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), Policies C1 and C8 of the Compton Neighbourhood Plan (2020-2037), and Supplementary Planning Document Quality Design (June 2006). 

4

Photovoltaic solar panels

 

No works to the roof shall take place until details of the photovoltaic solar panels including finishes to be installed in the building have been submitted to and approved in writing by the Local Planning Authority.  Thereafter the photovoltaic solar panels shall be installed in accordance with the approved details.

 

Reason: To protect the character and appearance of the Conservation Area.  This condition is imposed in accordance with the National Planning Policy Framework (February 2019) and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026),  Policies C1, C3 and C8 of the Compton Neighbourhood Plan the Quality Design SPD and the Newbury Town Design Statement.

5.

Preventing implementation of two schemes

The development to which this planning permission relates shall not commence if any part of the development for which planning permission was granted by the Local Planning Authority on 12th October 2020 under application reference 20/01866/HOUSE and pursuant to planning application reference no. 20/01866/HOUSE is already commenced.

 

Reason:  The implementation of both schemes together would be unacceptable because it would result in a cramped appearance of the site, which would be detrimental to the street scene and harm the character and appearance of the Conservation Area contrary to the advice contained within the NPPF, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), Policies C1 and C8 of the Compton Neighbourhood Plan (2020-2037), and Supplementary Planning Document Quality Design (June 2006).  

 

6.

Permitted development restriction (extensions/outbuildings)

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, AA, 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),Policies C1 and C8 of the Compton Neighbourhood Plan (2020-2037),  Quality Design SPD (June 2006) and the Village Design Statement for Compton.

 

7.

Electric vehicle charging points (prior approval)

The dwelling shall not be first occupied until an electric vehicle charging point has been provided for the dwelling in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.  Thereafter, the charging point shall be maintained, and kept available and operational for electric vehicles at all times.

 

Reason:   To secure the provision of charging points to encourage the use of electric vehicles.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy 2006-2026, Policy P1 of the Housing Site Allocations DPD 2006-2026 and Policy C20 of the Compton Neighbourhood Plan (2020-2037).

 

 

8.

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

 

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).

9.

Gradient of private drive

The gradient of the private drive shall not exceed 1 in 8.

 

Reason: To ensure that adequate access to parking spaces and garages is provided. This condition is imposed in accordance with the National Planning Policy Framework and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

10.

Visibility splays before occupation

The dwelling hereby permitted shall not be occupied until the visibility splays at the access have been provided in accordance with drawing number HSNHC/01G.  The land within these visibility splays shall thereafter be kept free of all obstructions to visibility over 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 and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

 

11.

Parking in accord with plans

The dwelling hereby permitted shall not be occupied until the vehicle parking has been surfaced, marked out and provided in accordance with the approved plan.  The parking spaces 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, Policy CS13 of the West Berkshire Core Strategy (2006-2026) Policy P1 of the Housing Site Allocations DPD 2006-2026, and Policy C22 of the Compton Neighbourhood Plan (2020-2037).

12.

Cycle Parking/Storage (approved plans)

The dwelling shall not be first occupied until cycle parking/storage facilities have been provided in accordance with the approved drawings.  Thereafter the facilities shall be maintained and kept available for that purpose at all times.

 

Reason:   To ensure the provision of cycle parking/storage facilities in order to encourage the use of cycles and reduce reliance on private motor vehicles.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy 2006-2026, Policy P1 of the Housing Site Allocations DPD 2006-2026, Quality Design SPD, and the Council’s Cycle and Motorcycle Advice and Standards for New Development (November 2014).

 

13.

Sustainable Drainage Scheme

 

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

 

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

b) Include and be informed by a ground investigation survey over winter which confirms the groundwater levels;

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

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

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

f) 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.

 

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

 

Reason: To ensure that surface water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can be, and is carried out in an appropriate and efficient manner. This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), Policies C18 of the Compton Neighbourhood Plan and the Sustainable Drainage Systems SPD (2018). A pre-condition is necessary because insufficient detailed information accompanies the application and so it is necessary to approve these details before any development takes place.

14.

Hours of work (added)

No demolition or construction works shall take place outside the following hours, unless otherwise agreed in writing by the Local Planning Authority:

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

8:30am to 1:00pm Saturdays;

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

 

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

 

15.

Obscure glazing

The bathroom window at first floor level in the west elevation shall be fitted with obscure glass before the dwelling hereby permitted is occupied.  The obscure glazing shall be permanently retained in that condition thereafter.

 

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

 

 

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.

Access Construction

 

The Asset Management team, West Berkshire District Council, Environment Department, Council Offices, Market Street, Newbury, RG14 5LD, or highwaysassetmanagment@westberks.gov.uk should be contacted to agree the access construction details and to grant a licence before any work is carried out within the highway.   A formal application should be made, allowing at least four (4) weeks’ notice, to obtain details of underground services on the applicant’s behalf.

 

4.

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.

 

5.

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.

 

6.

Excavation in close proximity to the highway

 

In order to protect the stability of the highway it is advised that no excavation be carried out within 15 metres of a public highway without the written approval of the Highway Authority. Written approval would be obtained from the Asset Manager, West Berkshire District Council, Environment Department, Council Offices, Market Street, Newbury, RG14 5LD or highwaymaintenance@westberks.gov.uk

 

7.

Official Postal Address

 

Please complete and online street naming and numbering application form at https://www.westberks.gov.uk/snn to obtain an official postal address(s) once development has started on site. Applying for an official address promptly at the beginning of development will be beneficial for obtaining services. Street naming and numbering is a statutory function of the local authority.

 

8.

Thames Water

 

Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.

 

9.

Surface Water

 

Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water we would have no objection. Management of surface water from new developments should follow guidance under sections 167 & 168 in the National Planning Policy Framework. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Should you require further information please refer to our website. https://developers.thameswater.co.uk/Developing-a-large-site/Apply-and-pay-for-services/Wastewater-services.

 

10.

Thames Water – Construction

 

If you are planning on using mains water for construction purposes, it’s important you let Thames Water know before you start using it, to avoid potential fines for improper usage. More information and how to apply can be found online at thameswater.co.uk/buildingwater 

 

There are water mains crossing or close to your development. Thames Water do NOT permit the building over or construction within 3m of water mains. If you're planning significant works near our mains (within 3m) we’ll need to check that your development doesn’t reduce capacity, limit repair or maintenance activities during and after construction, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes

 

11.

Materials

 

Condition 3 requires the submission of a schedule of materials for approval.  The developers attention is brought to the design parameters set out in support of policy C8 of the Compton Neighbourhood Plan, which refers to the selection of local materials such as soft 'brindle' or 'heather' bricks when selecting materials for approval.

 

Supporting documents: