Agenda item

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:

• Proposed block plan received on 25 August 2020

• Parking Survey received on 25 August 2020
• Preliminary Ecology Survey received on 25 August 2020
• Amended Design and access statement received on 27 September 2020

• NCFG response to Sport England received on 11 December 2020
• NCFG Indicative Business Plan received on 11 January 2021
• Flood Risk Assessment received on 13 August 2021
• Applicant email response to Environment Agency received on 20 October 2021

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 all the materials for the external surfaces of 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 area. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP2, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), the Quality Design SPD (June 2006) and the Newbury Town Design Statement.

4

Means of Enclosure

Notwithstanding the provisions of the plans hereby approved, the development hereby permitted shall not be first used until full details have been submitted to and approved in writing in respect of means of enclosure or boundary treatments on the site, to include a plan indicating the positions, design, materials and type of boundary treatment and gates to be erected within the site. The boundary treatments shall be completed in accordance with the approved scheme before the development hereby permitted is first used.  The boundary treatment shall thereafter be retained in accordance with the approved details.

Reason In the interest of visual amenity and to ensure the satisfactory appearance of the development. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP2, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), the Quality Design SPD (June 2006) and the Newbury Town Design Statement.

5

Parking and turning in accordance with plans

The use shall not commence until the vehicle parking and turning space have been surfaced, marked out and provided in accordance with the approved plan(s).  The parking and turning space shall thereafter be kept available for parking (of private motor cars and 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) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

6

Cycle parking

The use shall not commence 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).

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 the ecological appraisal should be updated. This is because the ecology of the site is likely to change over time. This condition is applied in accordance with the statutory provisions relating to the protected species and habitats on the site, the Nation al Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

8

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 Preliminary Ecological Appraisal by CGO Ecology Ltd dated June 2020 received on 06 July 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 Preliminary Ecological Appraisal by CGO Ecology Ltd dated June 2020 received on 06 July 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, 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 and boundary treatments andspecies 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. 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).

9

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 and a green phasing plan

(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.

10

3G Artificial Grass Pitch design and layout

No development shall commence until details of the design and layout of 3G Artificial Grass Pitch have been submitted to and approved in writing by the Local Planning Authority (after consultation with Sport England). The 3G Artificial Grass Pitch shall not be constructed other than in accordance with the approved details.

Reason: To ensure the development is fit for purpose and sustainable and to accord with Development Plan Policy. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS18 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006), the Newbury Town Design Statement and the West Berkshire Council Playing Pitch Strategy (2020).

11

Community use agreement

Within 3 months of work commencing on site, a community use agreement prepared in consultation with Sport England shall be submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to the stadium site and include details of pricing policy, hours of use, access by non-members, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement.

Reason: To secure well managed safe community access to the sports facility/facilities, to ensure sufficient benefit to the development of sport. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS18 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006), the Newbury Town Design Statement and the West Berkshire Council Playing Pitch Strategy (2020).

12

Management and Maintenance Scheme

Before the 3G Artificial Grass Pitch is brought into use, a Management and Maintenance Scheme for the facility including management responsibilities, a maintenance schedule and a mechanism for review shall be submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. This should measures to ensure the replacement of the Artificial Grass Pitch within the manufacturer’s specified period. The measures set out in the approved scheme shall be complied with in full, with effect from commencement of use of the Artificial Grass Pitch.

Reason: To ensure that a new facility is capable of being managed and maintained to deliver a facility which is fit for purpose, sustainable and to ensure sufficient benefit of the development to sport. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS18 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006), the Newbury Town Design Statement and the West Berkshire Council Playing Pitch Strategy (2020).

13

Micro plastics and nature conservation measures

Before the 3G, Artificial Grass Pitch is brought into use, a Management and Mitigation Plan for the prevention of the release of plastics and in particular micro-plastics into the environment shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

a)    Details of the substrate type to be used on the pitches

The measures set out in the approved plan shall be complied with in full, with effect from commencement of use of the Artificial Grass Pitch.

Reason: To ensure that the release of plastics and in particular micro-plastics into the environment is mitigated to safeguard the River Kennet Site of Special Scientific Interest (SSSI), which is a chalk river of national importance with a significant nature conservation value. This condition is applied in accordance with the statutory provisions relating to the protected species and habitats on the site, the Nation al Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

14

Flood Risk

The development shall be carried out in accordance with the submitted flood risk assessment (ref 12/08/2021/3366/ by Brighton Consulting Engineers Limited and email from the applicant dated 20/10/2021) and the following mitigation measures it details:

a)    There shall be no raising of existing ground levels on the site.

These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

Reason: To prevent the increased risk of flooding due to impedance of flood flows and reduction of flood storage capacity. 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).

15

River buffer zone

No development shall take place until a scheme for the provision and management of a minimum 10-metre wide buffer zone alongside the River Kennet Site of Special Scientific Interest (SSSI) has been submitted to, and approved in writing by, the local planning authority. Thereafter, the development shall be carried out in accordance with the approved scheme. Any subsequent variations shall be agreed in writing by the local planning authority, in which case the development shall be carried out in accordance with the amended scheme. The buffer zone scheme shall be free from built development including lighting and formal landscaping. The scheme shall include:

1)    Plans showing the extent and layout of the buffer zone including the distances between the development and the bank top of the river.

2)    Details demonstrating how the buffer zone and river will be protected during development from damage, disturbance and contamination/pollution. This should be in the form of a Construction Environment Management Plan (CEMP) and should include such measures as:

·         Temporary fencing to prevent any vehicle movements or storage within the buffer zone.

·         Pollution prevention measures, particularly from surface water run-off.

·         An environmental risk assessment.

3)    Details of any proposed footpaths, fencing, lighting, etc. Please note that there should be no light spill into the river corridor as this could affect the behaviour of nocturnal animals such as bats. To reduce light spill into the river corridor from outside the buffer zone, all artificial lighting should be directional and focused with cowlings. For more information see the Institution of Lighting Professionals guidance:

https://www.theilp.org.uk/documents/obtrusive-light/ https://www.theilp.org.uk/documents/guidance-note-8-bats-and-artificial-lighting/

4)    Details of ecological enhancements to the buffer zone including any proposed planting. This could include the removal of any non-native plant species and sympathetic tree works of native trees to allow more light into the channel and hence encourage more in-channel vegetation. It could also include additional planting of native species only. This could include native shrubs typical of the area such as grey willow, goat willow, alder, oak and aspen.

5)    Details of how the buffer zone vegetation will be managed over the longer term including adequate financial provision and named body responsible for management. If a Landscape Management Plan is required for the site, the management of the buffer zone could be incorporated into the management plan.

Reason: Land alongside watercourses is particularly valuable for wildlife and it is essential that it is protected. For this development, it is particularly important to protect and enhance the river corridor of the River Kennet SSSI. This condition is applied in accordance with the statutory provisions relating to the protected species and habitats on the site, the Nation al Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy (2006-2026).

16

Drainage measures

No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the local planning authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details.

Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants. 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).

17

Contamination

No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the local planning authority. This strategy will include the following components:

1. A preliminary risk assessment which has identified:

• all previous uses
• potential contaminants associated with those uses
• a conceptual model of the site indicating sources, pathways and receptors
• potentially unacceptable risks arising from contamination at the site

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

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

4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

Reasons:  To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026), and Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

18

Programme of archaeological work

No development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved statement.

Reason: To ensure that any significant archaeological remains that are found are adequately recorded. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

19

Scheme of Landscaping

The development shall not be occupied until a detailed scheme of landscaping for the site is submitted to and approved in writing by the Local Planning Authority. The details shall include schedules of trees and plants noting species, plant sizes and proposed numbers/densities, an implementation programme and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.

The scheme shall ensure;

a) Completion of the approved landscape scheme within the first planting season following completion of development.

b) 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 in accordance with the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

20

Landscape Management Plan

No development or other operations shall commence on site until a landscape management plan including long-term design objectives, management responsibilities and maintenance schedules for a minimum period of 10 years has been submitted to and approved in writing by the Local Planning Authority. The plan shall include any areas of existing landscaping, proposed wildlife areas, new tree planting and any areas of proposed landscaping other than areas

Reason: To ensure the long term management of existing and proposed landscaping in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

21

Arboricultural Programme of Works

No development or other operations shall commence on site until a detailed schedule of tree works including timing and phasing of operations has been submitted and approved in writing by the Local Planning Authority.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

22

Tree protection scheme

No development (including site clearance and any other preparatory works) shall commence on site until a scheme for the protection of trees to be retained is submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location of the protective fencing, and shall specify the type of protective fencing. All such fencing shall be erected prior to any development works taking place and at least 2 working days notice shall be given to the Local Planning Authority that it has been erected. It shall be maintained and retained for the full duration of works or until such time as agreed in writing with the Local Planning Authority. No activities or storage of materials whatsoever shall take place within the protected areas without the prior written agreement of the Local Planning Authority.

Note: The protective fencing should be as specified at Chapter 6 and detailed in figure 2 of B.S.5837:2012.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

23

Arboricultural Method Statement

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

Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

24

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)  Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not have an adverse impact on neighbouring amenity

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

(e)  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: To ensure the conservation and enhancement of the biodiversity assets of the site, including the protection of species and habitats. To ensure the protection of neighbouring residential amenity. This condition is applied in accordance with the National Planning Policy Framework, and Policies CS14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026)

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 a development, which improves the economic, social and environmental conditions of the area.

2.

3G Artificial Grass Pitch design

The applicant is advised that the design and layout of the 3G Artificial Grass Pitch should comply with the relevant industry Technical Design Guidance, including guidance published by Sport England, Football Foundation.

3

FIFA Quality Concept for Football Turf

(artificial grass pitches for Steps 1 to 6 of the FA’s National League System)

– The applicant is advised that pitches to be used for Step 1 and Step 2 level football matches should be built in accordance with FIFA Quality Concept for Football Turf - FIFA Quality Pro and Steps 3 to 6 should be built in accordance with FIFA Quality as a minimum and tested annually as per league rules.

4

Environmental permit 

The Environmental Permitting (England & Wales) Regulations 2010 make it an offence to cause or knowingly permit a groundwater activity unless authorised by an Environmental Permit which we will issue. A groundwater activity includes any discharge that will result in the input of pollutants to groundwater.

Environmental permit - advice to applicant

The Environmental Permitting (England and Wales) Regulations 2016 require a permit or exemption to be obtained for any activities which will take place:

• on or within 8 metres of a main river (16 metres if tidal)
• on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)
• on or within 16 metres of a sea defence
• involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
• in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it’s a tidal main river) and you don’t already have planning permission

For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03708 506 506 (Monday to Friday, 8am to 6pm) or by emailing enquiries@environment-agency.gov.uk.

The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.