Agenda item

Proposal:	Erection of 16 dwellings and associated landscape and highway works.
Location:	Land at End Of Charlotte Close Hermitage Thatcham
Applicant:	CALA Homes Ltd
Recommendation:	To delegate to the Head of Development and Planning to GRANT planning permission subject to the schedule of conditions (Section 8.3 of the report) and the completion of a Section 106 legal agreement. OR If the legal agreement is not completed by the 28th July 2021 (3 months of the committee meeting), to delegate to the Head of Development and Planning to REFUSE planning permission, for the reasons set out in Section 8.4 of the report or to extend the period for completion if it is considered expedient to do so.

 

(Councillor(s) Phil Barnett declared a personal interest in Agenda Item 4(3) by virtue of the fact that he had visited the site with a resident. 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(3)) concerning Planning Application 20/00912/FULEXT in respect of the erection of 16 dwellings and associated landscape and highway works on land at end of Charlotte Close, Hermitage.

2.     Mr Masie Masiiwa, 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 Head of Planning and Development be authorised to grant planning permission, subject to the completion of a Section 106 legal agreement by 28th July 2021 and in accordance with the schedule of conditions.

3.     The Chairman asked Mr Paul Goddard, Team Leader (Highways Development Control), if he had any observations relating to the application. Mr Goddard noted that this was an allocated site in the Site Allocations Development Plan Document (DPD), with an allocation of 15 dwellings. He explained that vehicular access would be via Charlotte Close, with pedestrian/cycle routes onto Station Road to the south and the allocated site on the Old Farmhouse to the north. He confirmed that parking and site layout were acceptable. He noted local concern about the impact on the B4009/Station Road mini-roundabout, but modelling showed the junction was operating close to capacity and traffic from the proposed development (and that of nearby proposals/recently approved developments) could be accommodated without causing extensive congestion. He concluded that the Highways Officers recommended approval of the application subject to the conditions listed in the reports.

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 was 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.     The above changes to speaking rights were subsequently amended at the Council meeting on 10 September 2020. It was agreed that parties making written submissions in relation to a planning application would be invited to attend the remote meeting of the Planning Committee to answer any questions that Members of the Committee might wish to ask in order to seek clarification on any part of their statement.

6.     In accordance with the Extraordinary Council resolution, written submissions relating to this application were received from Mr Simon Joyce, agent. Mr Joyce was able to attend the remote meeting.

7.     Individual written submissions were published online along with the agenda http://decisionmaking.westberks.gov.uk/ieListDocuments.aspx?CId=155&MId=5743&Ver=4

 Applicant/Agent’s Submission

8.     The Clerk read out the representation. Members did not have any questions for the agent.

Ward Member Representation

9.     Councillor Hilary Cole in addressing the Committee raised the following points:

·         Hermitage Parish Council decided not to attend the meeting, as they had no objections to the application, but they did send a letter, which was appended to the update sheet.

·         The Parish Council had outstanding concerns about:

1)     Traffic flow at the Newbury Road/Priors Court Road, which was an ongoing issue, and

2)     Potential overloading of the Downland GP Practice.

·         This application had come a long way since the appeal was dismissed in 2017.

·         The Housing Site Allocation Development Plan Document (HSADPD) indicated that the site was suitable for 15 dwellings, and 16 were proposed.

·         Careful consideration had been given to the design and layout.

·         It was pleasing to see that there would be 40 percent affordable housing.

·         She was supportive of the application.

10.  The Chairman noted that the application had been called in because 10 letters of objection had been received, yet no written statement had been received from the objectors for Members to consider.

Member’s Questions to the Ward Member

11.  Members did not have any questions for the Ward Member.

Member’s Questions to Officers

12.  Members did not have any questions for officers.

Debate

13.  Councillor Tony Vickers opened the debate. He suggested that development was needed to link Hungerford Green to the village. He welcomed the permeability through the development. Overall, he considered the development to be well thought through. He noted that the land was not actively used and had become a haven for wildlife, but hoped the developer would rehome any protected species.

14.  Councillor Tony Vickers proposed to accept Officer’s recommendation and grant planning permission subject to the completion of a Section 106 legal agreement by 28 July 2021, and in accordance with the conditions listed in the main report and update report. This was seconded by Councillor Hilary Cole.

15.  Councillor Phil Barnett indicated that he hoped the mature oak trees felled in 2016 would be put to good use.

16.  Councillor Dennis Benneyworth echoed the comments of Councillor Hilary Cole and Councillor Vickers. He noted that the affordable homes were much needed and indicated that he was in favour of the application.

17.  Councillor Hilary Cole highlighted the extensive list of proposed conditions and informatives. Councillor Tony Vickers agreed that they addressed all relevant points.

18.  The Chairman invited Members of the Committee to vote on the proposal by Councillor Tony Vickers, seconded by Councillor Hilary Cole to grant planning permission. At the vote the motion was carried.

RESOLVED that the Head of Development and Planning be authorised to grant planning permission subject to the completion of a Section 106 legal agreement by 28th July 2021 and in accordance with the schedule of conditions as follows.

Heads of Terms for Section 106 Agreement

1 .   Affordable housing

·         To provide 40% affordable housing on site in accordance with the details provided in Amended affordable housing plan drawing no FLU.1126.16 Rev. E.

·         Transfer to Registered Housing Provider.

·         Of the affordable housing units, 70% being social rented tenure, 30% being an intermediate or shared ownership form of affordable housing.

·         Detailed requirements and specifications in accordance with the Planning Obligations SPD.

2.    Public Open Space

·         Provision of public open space, including a local area of play.

·         Governance by a management company, subject to clauses to ensure transparency in the process of setting of annual fees for residents.

3.    Environmental Management Plan

·         To secure details of the creation, details of the management, maintenance and long term protection of the hard and soft landscaping, public open space and Ecological Mitigation Area within the Site (as shown on the Section 106 Site Plan(s).

·         The Environmental Management Plan shall be in accordance with the details provided in amended play area details drawing No CALA22960-15A and amended open space plan drawing no CALA22960-10.

·         Not to permit the occupation of the development without first forming a Management Company (which for the avoidance of doubt shall assume responsibility for implementing the Environmental Management Plan) and not to wind up the Management Company or alter its constitution unless the whole of the Development shall have been demolished or unless the Council have otherwise first agreed in writing.

·         To provide that the first and all subsequent buyers of each Residential Unit within the Development enters into covenants with the Management Company to pay the Management Company a pro rata proportion (according to the number of Residential Units in the Development) of the costs and expenses incurred by the Management Company in respect of its administration and of insuring, maintaining, repairing and as necessary renewing the hard and soft landscaping, public open space and Ecological Mitigation Area in accordance with the Environmental Management Plan.

4.    Council’s Costs

·         To pay the Council for the reasonable legal costs incurred in the review, negotiation, preparation and execution of the section 106 legal agreement through an administration fee.

Schedule of Conditions

1.     Time limit for commencement

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 following approved documents and plans:

Received on 16 April 2020:

·         Preliminary Ecology Assessment

·         Heritage Statement

·         Noise Assessment

Received on 28 April 2020:

·         Geoenvironmental Report

Received on 07 October 2020:

·         Hermitage Biodiversity Metric

·         Hermitage BNG report

·         Biodiversity Homes Brochure 2019

·         Ecological Assessment

Received on 14 December 2020:

·         Amended Arboriculture statement No 20066-AA4-DC

·         Amended tree protection plan drawing no 20066-BT3

·         Amended Play Area details drawing no CALA22960-15A

·         Amended soft landscape proposals drawing no CALA22960-11A sheet 1

·         Amended soft landscape proposal drawing no CALA22960-11A sheet 2

·         Amended proposed hard landscaping drawing no CALA22960-12B sheet 1

·         Amended proposed hard landscape plan drawing no CALA22960-12B sheet 2

·         Amended Landscape Visual Impact Assessment Report (LVIA)

·         Amended LVIA appendices 1 – 11b

·         Amended Plot 3 floor plans and elevations drawing no FLU.1126.04 Rev. J

·         Amended Plot 4 floor plans and elevations drawing no FLU.1126.05 Rev. J

·         Amended Plot 5 floor plans and elevations drawing no FLU.1126.06 Rev. K

·         Amended Plot 6 floor plans and elevations drawing no FLU.1126.07 Rev. H

·         Amended Plot 7 floor plans and elevations drawing no FLU.1126.08 Rev. H

·         Amended Plot 8 floor plans and elevations drawing no FLU.1126.09 Rev. G

·         Amended Plot 9 floor plans and elevations drawing no FLU.1126.10 Rev. H

·         Amended Plot 10 floor plans and elevations drawing no FLU.1126.11 Rev. J

·         Amended Plot 11-12 floor plans and elevations drawing no FLU.1126.12 Rev. H

·         Amended Plot 16 floor plans and elevations drawing no FLU.1126.19 Rev. B

·         Tree management on sites manual

·         Amended site layout plan drawing no FLU.1126.02 Rev. E1

·         Amended transport statement Issue 4

·         Amended Utilities & Foul Water Drainage Assessment Issue 4

·         Amended pedestrian cycle connection drawing no 8190446/6103 Rev E

Received on 18 December 2020:

·         Amended street scene drawing no FLU.1126.15 Rev. P

·         Received on 29 January 2021:

·         Amended affordable housing plan drawing no FLU.1126.16 Rev. E

·         Received on 18 February 2021:

·         Amended proposed car ports plans and elevations drawing no FLU.1126.20 Rev A

·         Amended Plot 13 floor plans and elevations drawing no FLU.1126.13 Rev. K

·         Amended Plots 1-2 floor plans and elevations drawing no FLU.1126.03 Rev. M

·         Amended Plot 14-15 floor plans and elevations drawing no FLU.1126.18 Rev. B

Received on 12 March 2021:

·         Amended flood risk assessment report and appendices A-G Issue 7

·         Amended Flood risk assessment - appendices H-K

·         Amended Flood risk assessment - appendices L- M

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

3.     External materials

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

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

4.     Means of enclosure

Notwithstanding the provisions of the plans hereby approved, the development hereby permitted shall not be occupied until full details have been submitted to and approved in writing in respect of means of enclosure or boundary treatments on site, including all residential curtilages, to include a plan indicating the positions, design, materials and type of boundary treatment and gates to be erected within the site. The plan will also include the ecological mitigation fencing, children’s play area fencing. The boundary treatments shall be completed in accordance with the approved scheme before the development hereby permitted is first occupied. The boundary treatment shall thereafter be retained in accordance with the approved details.

Reason In the interest of visual amenity and to protect neighbouring residential amenity, to reduce the risk of crime and anti-social behaviour and to ensure the satisfactory appearance of the development. This condition is imposed in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy, the Quality Design SPD (design guidance on safe and high quality environments) 2007) and the Hermitage Village Design Statement.

5.     Landscape and Ecological Management Plan

No development shall take place on the site until a Landscape and Ecological Management Plan (LEMP) has been submitted to and approved in writing by the local planning authority. The LEMP should be based on the Ecological Assessments by Ethos Environmental Planning dated September 2020 received on 07 October 2020 and the approved SuDS and Landscaping documents and plans. Such a Plan shall include:

a) Detailed habitat creation and management prescriptions (including costings) for the retained and newly created habitats meeting all the needs of biodiversity net gain timeframes, monitoring and reviews.

b) Provision of features for protected and priority fauna as outlined within the Ecological Assessment by Ethos Environmental Planning dated September 2020 received on 07 October 2020 and deliver the recommendations of this Assessment to ensure the appropriate protection and conservation of protected habitats and species.

c) Include (but not necessarily be limited to) details of management, maintenance and long-term protection of the hard and soft landscaping, public open space, and ecological mitigation area.

d) Submit a green phasing plan to interact with the CEMP and LEMP. Include the planting list, hard and soft infrastructure shown and boundary treatments and species and habitat enhancements and protections.

e) May incorporate any/all mitigation measures secured by other planning conditions attached to this permission, including SuDS and Landscaping. The approved LEMP shall be implemented in full upon commencement of development.

Reason: The LEMP is necessary to ensure the adequate protection and conservation of protected species and habitats on the site, and to achieve the specific recommendations of the submitted Ecological Assessment. A comprehensive LEMP will also ensure that interrelated landscape and ecological proposals are delivered and managed in a holistic manner. To ensure that habitats are protected and enhanced in the best way possible and that the planting can become as established as possible before handover to the management company as a condition. Detailed provisions for implementation are contained with the s106 legal agreement. The detailed LEMP is required before commencement of development because insufficiently detailed information has been submitted at the application stage, and it may include measures that require implementation during the construction phase. This condition is applied in accordance with the NPPF, Policies CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy (2006- 2026), and the Planning Obligations SPD.

6.     Construction Environmental Management Plan (CEMP)

No development shall take place (including 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

(d) The location and timing of sensitive works to avoid harm to biodiversity features including protected species and tree protection measures

(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

(h) Use of protective fences, exclusion barriers and warning signs

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

(j) A scheme of works or such other steps to minimise the effects of dust during construction

(k) The implementation of these measures prior to the commencement of each phase.

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

7.     Updated Ecological Appraisal

In the event that development has not commenced 3 years from the date of this permission, no development shall take place until an updated Ecological Appraisal has been submitted to and approved in writing by the Local Planning Authority, together with any additional surveys recommended by the updated Ecological Appraisal. The updated surveys shall be used to inform the mitigation measures for this development.

Reason: If the development has not been commenced by September 2023 the ecological appraisal should be updated. This is because the latest ecology assessment report was dated September 2020 and many of the species considered during the current survey are highly mobile and the ecology of the site is likely to change over this period. This condition is applied in accordance with the statutory provisions relating to the protected species and habitats on the site, the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

8.     Natural England licence (bats and great crested newts)

Any works which affect bats or great crested news, or result in loss or deterioration of their habitats (including site clearance) shall not in any circumstances commence unless the Local Planning Authority has been provided with either:

(a) A licence issued by Natural England pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 authorising the specified activities to go ahead; or

(b) A statement in writing from Natural England to the effect that it does not consider that the specified activity will require a licence.

Reason: The approval of this information is required before development commences because insufficient information accompanies the application and mitigation will be required before any site clearance or development takes place.

This condition is applied to avoid contravention of the Conservation of Habitats and Species Regulations 2010 (as amended), and in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

9.     Great crested newt mitigation scheme

No development shall take place until a great crested newt mitigation scheme has been submitted to and approved in writing by the Local Planning Authority. The mitigation scheme shall include (but not necessarily limited to) translocation of the areas of suitable terrestrial habitat, and translocation of the species, to the Ecological Mitigation Area. The submission shall include details of implementation timings.

Thereafter, the development shall not take place without the great crested newt mitigation scheme being implemented in accordance with the approved scheme.

Reason: To ensure the implementation of appropriate mitigation for great crested newts, including a translocation exercise, in line with the recommendations of the submitted Ecological Assessment. The approval of this information is required before development commences because insufficient information accompanies the application and mitigation will be required before any site clearance or development takes place. This condition is applied in accordance with the statutory provisions relating to great crested newts, the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

10.  Drainage measures

The use hereby permitted shall not commence until the sustainable drainage measures identified in the Flood Risk Assessment (prepared by Glanville Consultants Ltd, report ref: 023_8190446_AP_FRA Issue 7, dated 5 March 2021) have been implemented in accordance with the approved details. The sustainable drainage measures shall be maintained, retained and managed in accordance with the approved details thereafter.

Reason: To ensure that surface water will be managed in a sustainable manner. This condition is imposed 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).

11.  Groundwater monitoring

No development shall take place until details of groundwater monitoring within the site have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that groundwater does not restrict or limit the use of infiltration SuDS in accordance with Environment Agency guidelines and that the proposed infiltrating SuDS feature should be positioned no less than 1m above the peak groundwater level, and to inform the design of such SuDS measures. This condition is imposed 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).

12.  Layout and design standards

The detailed layout of the site shall comply with the Local Planning Authority's standards in respect of road and footpath design and vehicle parking and turning provision and the Developer to enter into a Section 278/Section 38 Agreement for the adoption of all highway infrastructure within the site. This condition shall apply notwithstanding any indications to these matters which have been given in the current application.

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, 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).

13.  Access construction before development

No development shall take place until details of the proposed vehicular and pedestrian access into the site from Charlotte Close have been submitted to and approved in writing by the Local Planning Authority. As a first development operation, the vehicular, pedestrian/cycle access and associated engineering operations shall be constructed in accordance with the approved drawings.

Reason: To ensure that the accesses into the site are constructed before the approved buildings in the interest of highway safety. This condition is imposed in accordance with the National Planning Policy Framework and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

14.  Parking and turning in accordance with approved plans

No dwelling shall be occupied until the associated vehicle parking and turning spaces have been surfaced, marked out and provided in accordance with the approved plans. The parking and turning spaces 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 TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

15.  Cycle parking in accordance with approved plans

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 TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

16.  Footway/cycleway provision

The tenth dwelling hereby approved shall not be occupied until:

·         The 2.5 metre wide footway / cycleway and features have been constructed to the north east boundary

·         The 2.5 metre wide footway / cycleway and features have been constructed onto Station Road including the crossing facility

These routes shall be constructed in accordance with the approved drawings.

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 and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

17.  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), Policy TRANS 1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

18.  Electric Charging Point

No development shall take place until details of electric vehicle charging points has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the associated electric vehicle charging point 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 vehicle. This condition is imposed in accordance with the National Planning Policy Framework, 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).

19.  Broadband, Wi-Fi Fibre Connections and Mobile Phone Signal

Prior to above foundation level works commencing details of a Super-Fast Broadband, Wi-Fi Fibre Connections and Mobile Phone Signal Strategy Statement shall have been submitted and approved in writing by the Local Planning Authority. Such a Strategy Statement shall set out how super-fast broadband, Wi-Fi fibre connections and mobile phone signals are to be provided to the development, including a timeline schedule for connection. Thereafter no part of the development hereby permitted shall be occupied until the 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, Policies CS5 and CS14 of the West Berkshire Local Plan Core Strategy (2006-2026).

20.  Emergency water supplies

No dwelling shall be first occupied until either:

(a) Private fire hydrants, 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

(b) 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. The approval of this information is required before development commences because insufficient information accompanies the application and it will affect the servicing of the development. This condition is applied in accordance with the National Planning Policy Framework and Policies CS5 and CS14 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

21.  Refuse Storage

No dwelling shall be occupied until the refuse and recycling facilities have been provided in accordance with the approved drawings and these facilities shall be retained for this purpose thereafter.

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

22.  External lighting

No external lighting shall be installed until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall:

(a) Identify those areas on the site that are particularly sensitive for bats and that are likely to cause disturbance.

(b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species.

(c) Include and isolux diagram of the proposed lighting.

(d) Ensure all lighting levels are designed within the limitations of Environmental Lighting Zone 1, as described by the Institute of Lighting Engineers.

Notwithstanding the provisions of Article 3 and Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, no external lighting shall be installed except in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

Reason: Firstly, to ensure the conservation and enhancement of the biodiversity assets of the site, including the protection of species and habitats. Secondly, to conserve the dark night skies characteristics of the North Wessex Downs AONB.

This condition is applied in accordance with the National Planning Policy Framework, the North Wessex Downs AONB Management Plan 2019-24, and Policies ADPP5, CS14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026).

23.  Hours of work (construction)

No construction works shall take place outside the following hours:

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

8:30am to 1:00pm Saturdays;

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

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

24.  Noise Mitigation

The development hereby approved shall not be occupied until the noise mitigation measures as set out in the Noise assessment report No: P16-585-R02v2 dated March 2020, submitted with the application, have been implemented. The noise mitigation measures shall be retained and maintained thereafter

Reason: To protect future occupants from the adverse effects of excessive noise levels that may be generated by the adjacent commercial uses and any other noise sources in the area. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026), Policy OVS.6 of the West Berkshire District Local Plan 1991 -2006 (Saved Policies 2007), and Quality Design SPD.

25.  Contaminated land condition

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 conditions 1 to 4 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 condition 4 has been complied with in relation to that contamination.

1. 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,

·         groundwater and surface waters,

·         ecological systems,

·         archaeological sites and ancient monuments;

(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’.

2. 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.

3. 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, unless otherwise agreed in writing by the Local Planning Authority. 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 produced, and is subject to the approval in writing of the Local Planning Authority.

4. 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 condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, 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 condition 3.

If required:

5. Long Term Monitoring and Maintenance

A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period to be agreed with LPA, and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of 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.

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. To ensure that any unexpected contamination encountered during the development is suitably assessed and dealt with, such that it does not pose an unacceptable risk to human health or the environment. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 of the West Berkshire Core Strategy (2006 -2026), and Policies OVS.5 of the West Berkshire District Local Plan 1991 -2006 (Saved Policies 2007).

26.  Construction Management Plan

No development shall not take place until details of a scheme (Construction Method Statement) to control the environmental effects of the demolition and/or construction work has been submitted to and approved in writing by the Local Planning Authority.

The scheme shall include:-

(i) the control of noise

(ii) the control of dust, smell and other effluvia

(iii) the control of rats and other vermin

(iii) the control of surface water run-off

(iv) the proposed method of piling for foundations (if any)

(v) proposed construction and demolition working hours

(vi) hours during the construction and demolition phase when delivery vehicles, or vehicles taking materials, are permitted to enter or leave the site.

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

Reason: To safeguard the amenity of adjoining land uses and occupiers. The approval of this information is required at this stage because insufficient information has been submitted with the application. The approval of this information is required before development commences because insufficient information accompanies the application and the Construction Management Plan must be in place before construction operations commence. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 of the West Berkshire Core Strategy (2006 -2026), and Policies OVS.5, OVS.6 of the West Berkshire District Local Plan 1991 -2006 (Saved Policies 2007).

27.  Thames Water

No dwelling shall be occupied until confirmation of capacity of the water supply and any upgrades required to accommodate the development from Thames Water has been submitted and approved in writing by the local planning authority as part of a discharge of condition application for that purpose. The confirmation from Thames Water shall provide that either:

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

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

Where a development and infrastructure phasing plan is agreed with Thames Water, no occupation of those agreed dwellings shall take place other than in accordance with the agreed development and infrastructure phasing plan.

Thereafter the development shall be carried out in accordance with the approved details.

Reason: To ensure the provision of adequate and appropriate infrastructure for water supply. The development may have low / no water pressures and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development. Any identified reinforcement works will be necessary in order to avoid low / no water pressure issues. This condition is applied in accordance with the National Planning Policy Framework, Policies CS5 of the West Berkshire Core Strategy (2006-2026).

28.  Petrol / oil interceptors

No development shall commence until details of petrol / oil interceptors to be fitted in all car parking areas are submitted to and approved in writing by the Local Planning Authority. The approved details shall be retained and maintained thereafter as the approved details.

Reason: To ensure the protection of the watercourses within the area from potential pollutants. The approval of this information is required before development commences because insufficient information accompanies the application and the details of petrol / oil interceptors must be in place before construction operations commence. This condition is applied in accordance with the National Planning Policy.

Framework, Policies CS14 and CS16 of the West Berkshire Core Strategy (2006 - 2026), and Policies OVS.5 of the West Berkshire District Local Plan 1991 -2006 (Saved Policies 2007).

29.  Landscaping

All landscape works shall be completed in accordance with the submitted plans, schedule of planting and retention, programme of works and other supporting information including drawing numbers Detailed Soft Landscaping proposal ACD Environmental CALA22960-11A Sheets 1 and 2.

Any trees, shrubs or hedges planted in accordance with the approved scheme which are removed, die, or become diseased within five years from completion of this development shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved.

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026 and Hermitage Village Design Statement.

30.  Landscaping implementation

The approved landscaping plan Detailed Soft Landscaping proposal ACD Environmental CALA22960-11A Sheets 1 and 2 shall be implemented within the first planting season following completion of development or in accordance with a programme submitted to and approved in writing by the Local Planning Authority.

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

Reason: To ensure the implementation of a satisfactory scheme of landscaping. This condition is applied in accordance with the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026 and Hermitage Village Design Statement.

31.  Tree Protection

Protective fencing shall be implemented and retained intact for the duration of the development in accordance with the tree and landscape protection scheme identified on approved drawing numbered plan Barrell tree Consultancy Tree Protection Plan 20066 BT-3.

Within the fenced areas, there shall be no excavations, storage of materials or machinery, parking of vehicles or fires

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase. This condition is applied in accordance with the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026 and Hermitage Village Design Statement.

32.  The Arboricultural Method Statement

The Arboricultural Method Statement and tree protection measures within report ref: Barrell tree Consultancy Arboricultural Method Statement V2.1 shall be implemented in full and tree protection measures and works carried out in accordance with the Assessment. No changes shall be made to the works unless amendments have been submitted to and approved in writing by the Local Planning Authority and shall include details of any changes to 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 protection of trees identified for retention at the site. This condition is applied in accordance with the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

33.  Arboricultural supervision condition

No development shall take place (including site clearance and any other preparatory works) until the applicant has secured the implementation of an arboricultural watching brief in accordance with a written scheme of site monitoring, which has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase. A pre-commencement condition is necessary because insufficient detailed information accompanies the application; tree protection installation measures and site supervision works may be required to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place. This condition is applied in accordance with the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

Informatives

1.     Approach of the LPA

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 the 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.     Legal agreements - Section 106

This Decision Notice must be read in conjunction with the terms of the Legal Agreement of the *. You are advised to ensure that you have all the necessary documents before development starts on site.

4.     Fire hydrants

There are at present, no available public mains in this area to provide a suitable water supply in order to effectively fight a fire. The applicant is advised to provide suitable private fire hydrants, or other suitable emergency water supplies to meet Royal Berkshire Fire & Rescue Service requirements. The attached condition is instructive.

5.     Surface water drainage (Thames Water informative)

It is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921.

6.     Thames Water main(Thames Water informative)

There is a Thames Water main crossing the development site which may/w ill need to be diverted at the Developer's cost, or necessitate amendments to the proposed development design so that the aforementioned main can be retained. Unrestricted access must be available at all times for maintenance and repair. Please contact Thames Water Developer Services, Contact Centre on Telephone No: 0800 009 3921 for further information.

7.     Construction noise

The attention of the applicant is drawn to the requirements of Section 60 of the Control of Pollution Act 1974 in respect of the minimisation of noise on construction and demolition sites. Application under Section 61 of the Act, for prior consent to the works, can be made to West Berkshire Environmental Health. For more information:

email ehadvice@westberks.gov.uk, call 01635 519192,

or visit http://info.westberks.gov.uk/environmentalhealth.

8.     Access construction

The Highways Manager, West Berkshire District Council, Transport & Countryside, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 519887, 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.

9.     Damage to verges,etc.

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.