Agenda item
Application No. and Parish: 21/01868/FULD, Hungerford Old Peoples Home, Chestnut Walk, Coldharbour Road, Hungerford
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Proposal: |
Demolition of former care home and 4 garages and erection of 8 new dwellings. |
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Location: |
Hungerford Old Peoples Home Chestnut Walk Coldharbour Road Hungerford. |
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Applicant: |
Homes For West Berkshire LLP |
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Recommendation: |
To DELEGATE to the Service Director, Development and Regulation 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 15th March 2022, to DELEGATE to the Service Director, Development and Regulation 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. |
Minutes:
(Councillors Dennis Benneyworth, James Cole and Claire Rowles declared a personal interest in Agenda Item 4(2) by virtue of the fact that they were Local Ward Members for the site and had attended meetings at Hungerford Town Council where the proposal had been discussed. As their interest was personal and not prejudicial or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.)
1. The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 21/01868/FULD in respect of Hungerford Old Peoples’ Home, Chestnut Walk, Coldharbour Road, Hungerford.
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 Service Director – Development and Regulation be authorised to grant planning permission, subject to the completion of a S106 legal agreement by 15 March 2022 (or such other date to be agreed in writing by the Service Director – Development and Regulation in consultation with the Chairman of the Western Area Planning Committee) and in accordance with the conditions outlined in the main and update reports.
3. The Chairman asked Mr Paul Goddard, Team Leader (Highways Development Control), if he had any observations relating to the application. Mr Goddard stated that Highways had no objection. However, the required parking spaces were not an ideal distance from some dwellings, but this was not a substantial reason for refusal.
4. In accordance with the Council’s Constitution, Mr John Downe, Hungerford Town Council, addressed the Committee on this application.
Town Council Representation
1. Mr John Downe, Hungerford Town Council, in addressing the Committee raised the following points:
· The Town Council had seen a great deal of interest in the application over the past year, and were keen to see the derelict care home site used and improved. Additionally, affordable homes were much needed, as well as the addition of eight modestly-sized homes.
· The Town Council had an issue with the design of the homes, and some concerns regarding sustainability. However, these had been addressed and the Town Council had no objections to the development.
· However, the Town Council wanted to raise with the Committee that in discussions with Homes for West Berkshire they were repeatedly assured that the houses would be built with heating systems that would be in line with the Government’s standards. To make that happen, the Council was asked to accept a lower value for the land. However, the Town Council believed that it was necessary to provide the heating as it was a standard that the Council had set in declaring a climate emergency.
· The Town Council pleaded that the electric vehicle charging points have electricity come from the occupants’ homes, as handing it to a private company would significantly increase their energy costs, and asked that it be made a condition.
Member Questions to the Town Council
2. Councillor Tony Vickers asked for clarification on whether the Committee was being asked to condition a significantly better level of sustainability than the policy required. Mr Downe confirmed that he was, and that it was the level that the Council should be aiming for.
Ward Member Representation
3. Councillor James Cole in addressing the Committee raised the following points:
· He noted that discussions with Sovereign and the Town Council had gone on for some time, and the conditions for refusal had gradually dissipated. For this reason, he had attempted to withdraw the call-in to save costs and time.
· He completely supported the Town Council’s plea to adhere to heating standards and the Council’s own Social Value Policy. However, it was not a planning issue and would therefore be raised with the Executive.
· On electric vehicle charging points, Councillor James Cole was in agreement that this become the standard, and that it could be looked at and worked out.
4. Councillor Claire Rowles in addressing the Committee raised the following points:
· Councillor Rowles thanked the Town Council for raising the heating standards as an issue.
Member Questions to the Ward Member
5. Members did not have any questions of clarification.
Member Questions to Officers
6. Councillor Tony Vickers noted that he now understands the Town Council’s position on sustainability. He asked if there was any planning law reason why they could not request that the applicant go beyond the sustainability requirements. Mr Till responded that the intention of the law was to ensure adherence with the frameworks and NPPF, and from a policy perspective the Council must adhere to those frameworks, and not impose additional requests or requirements. While an applicant may take from a meeting that they could do more, they must not feel like they are held to it as that could be grounds for an appeal.
7. Councillor Carolyne Culver asked whether Policy CS15 did not apply to the application because it was not a major application, and how the Compton NDP could set a 19% improvement in carbon emissions as a requirement. Mr Till responded that Policy CS15 did not apply in this case, and an NDP was a policy, allowing the parish council to bring forward their policy own requirements.
8. Councillor Rowles asked Mr Goddard if it was correct that four garages would be demolished and four retained, and whether he envisioned any issues with visitor parking. Mr Goddard responded that the parking standards didn’t include visitor parking, but that the five bays near the entrance could be conditioned as available for use by visitors.
9. Councillor Adrian Abbs asked if a management company was handling any of the land. Mr Masiiwa confirmed that some of the area near the demolished garage was owned by Sovereign and the retained garages were privately owned.
10. Councillor James Cole asked Mr Goddard if there was a policy on charging points for electric vehicles. Mr Goddard noted that there was no policy, but supported the charging being provided as part of the curtilage. Mr Goddard would take the point forward.
11. Councillor James Cole asked how affordable housing worked within the policy. Mr Masiiwa responded that all eight dwellings delivered were affordable housing, and was pushed by the applicant. The requirement in Policy CS6 was for 25% affordable housing to be built.
12. Councillor Clive Hooker asked whether the retained garages would be repaired, there was clear right of way, and that there was no obstruction of the garages. Mr Till responded that these were not planning issues, but that they were legal requirements outside of the planning process. The third point would be down to an agreement between the owners.
13. Councillor Culver asked whether the dwellings would be social rent. Mr Masiiwa responded that 50% of the dwellings would be social rent.
Continuation of Meeting
14. In accordance with the Council’s Constitution point 7.13.5, the Committee supported the Chairman’s motion that the remaining business could be concluded by 10.30pm, and therefore continued with Agenda Item 4(2).
Debate
15. Councillor Abbs opened the debate. He felt that it was an easy decision to go along with officer recommendations. He was happy that charging points were discussed, notably the cost of charging, and asked that it be conditioned if it was not already part of the curtilage. Mr Till responded that it could not be conditioned as it would go beyond policy, but it could be suggested.
16. Councillor Phil Barnett noted that he was upset to see the previous old people’s home closed, but supported this application.
17. Councillor Tony Vickers sympathised with Mr Downe’s point, and asked that Members’ enthusiasm for sustainability to be looked at to be minuted. Mr Till agreed that it could be minuted. Councillor Tony Vickers stated that as it was important to reduce the bills of residents, it should be included as an advisory. Mr Till responded that it could. Councillor James Cole added that he would raise it at Executive.
18. Councillor Rowles stated her support, as it would improve on an existing eyesore.
19. The Chairman stated his support, as residents were anxious to see the area developed.
20. Councillor Adrian Abbs proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report. This was seconded by Councillor Phil Barnett.
21. Mr Till noted that there was an added informative regarding the powering of the electric vehicle charging points.
22. The Chairman invited Members of the Committee to vote on the proposal by Councillor Adrian Abbs, seconded by Councillor Phil Barnett to grant planning permission. At the vote the motion was carried unanimously.
RESOLVED that the Service Director - Development and Regulation be authorised to grant planning permission subject to the completion of a Section 106 legal agreement by 15 March 2022 (or such other date to be agreed in writing by the Service Director – Development and Regulation in consultation with the Chairman of the Western Area Planning Committee) in accordance with the following heads of terms and in accordance with the following schedule of conditions:
Heads of Terms for the Section 106 Agreement
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1. |
Affordable housing
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Council’s Costs
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Conditions
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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).
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Approved plans
The development hereby permitted shall be carried out in accordance with the following approved documents and plans:
Received on 14 July 2021:
Received on 11 August 2021:
Reason: For the avoidance of doubt and in the interest of proper planning.
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External Materials
Prior to above foundation level works commencing, details of external facing materials and any hard surfacing 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 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) and the Quality Design SPD (June 2006).
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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 July 2024 the ecological appraisal should be updated. This is because the latest ecology assessment report was dated July 2021 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).
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Ecological reports
The development hereby approved shall be implemented fully in accordance with the Preliminary Ecological Appraisal dated June 2021 received on 29 July 2021 and Bat Activity Surveys dated July 2021 received on 11 August 2021 both produced by Abricon Ltd and thereafter all recommendations shall be retained.
Reason: To ensure the protection of species which are subject to statutory protection. 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).
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Sustainable Drainage Measures
No above ground 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.
The sustainable drainage measures shall include details of an acceptable SuDS design and maintenance plan.
The details shall also consider the management of waste water drainage and if any surface and waste water drainage is proposed to be connected to the Thames Water system, then the developer shall contact Thames Water to establish whether there is capacity on the network and whether there needs to be any additional infrastructure upgrade. As a discharge of condition application, the developer shall submit confirmation in writing from Thames Water on the capacity of the network and the acceptability of connection to the network.
Reason: To ensure that surface water and waste water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, amenity and ensure future maintenance of any proposed 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, Policies CS5, CS16 and CS17 of the West Berkshire Core Strategy (2006-2026), Part 4 of Supplementary Planning Document Quality Design (June 2006) and SuDS Supplementary Planning Document (2018).
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Electric Charging Point
No development shall take place until details of an electric vehicle charging points for each dwelling have been submitted to and approved in writing by the Local Planning Authority. The approved charging points shall thereafter be retained and kept available for the use of electric vehicles.
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).
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Construction method statement (Highways)
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).
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Footway resurfacing
No dwelling shall be occupied until the 2 metre wide footway fronting the site has been resurfaced following the completion of works, including relocating the street lighting columns.
Reason: In the interest of road safety and to ensure adequate and unobstructed provision for pedestrians and cyclists. This condition is imposed in accordance with the National Planning Policy Framework and Policy CS13 of the West Berkshire Core Strategy (2006-2026).
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Parking in accordance with plans
The dwellings shall not be occupied until the vehicle parking and turning spaces have been surfaced, marked out and provided in accordance with the approved plans. 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) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).
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Cycle parking
The dwellings shall not 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).
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Hours of work (demolition and construction)
No demolition and 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).
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Construction Management Plan (Environmental)
No development shall take place until details of a scheme (Demolition and Construction Method Statement) to control the environmental effects of the demolition and 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 Planmust 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).
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Planting and landscape works
All tree planting and landscape works shall be completed in accordance with the submitted plans, reference drawing numbers Landscape Plan ref: D900 Revision A received on 11 October 2021.
The approved tree and landscaping plan shall be implemented within the first planting season following completion of development or prior to first occupation of any of the dwellings.
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 safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality. This is to ensure the implementation of a satisfactory scheme of landscaping. This condition is applied in accordance with the NPPF and Policies ADPP5, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.
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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, 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) and the Quality Design SPD (June 2006).
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Informatives
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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.
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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
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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.
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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.
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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.
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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.
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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
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Official Postal Address
Please complete an 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.
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Street Lighting
The Council’s Street Lighting Team have confirmed that the relocation of the street lighting columns as identified on the proposed plans is acceptable, however they would prefer that the Council’s contractors carry out the works which would be undertaken at the applicant’s expense. An informative is attached for the applicant to make direct arrangements with the Council’s Street Lighting Team.
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Refusal reason
If the legal agreement is not completed by the by 15th March 2022 (or such other date to be agreed in writing by the Service Director – Development and Regulation in consultation with the Chairman of the Western Area Planning Committee), to DELEGATE to the Service Director, Development and Regulation toREFUSE PLANNING PERMISSION, or to extend the period for completion if it is considered expedient to do so.
S106 Planning Obligation Refusal Reason
The development fails to provide an appropriate scheme of works or off-site mitigation measures to accommodate the impact of the development on local infrastructure, or provide an appropriate mitigation measure such as a planning obligation.
The application fails to provide a Section 106 Planning Obligation to deliver necessary infrastructure and mitigation measures, including:
(a) Affordable housing provision in accordance with Policy CS6, without which the proposal would be contrary to the NPPF, Policy CS6 of the West Berkshire Core Strategy (2006-2026), and the Planning Obligations SPD.
Supporting documents:
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2. REPORT - 21-01868- FULD Hungerford Old Peoples Home, item 31.(2)
PDF 369 KB -
2a. 21-01868-FULD Hungerford Old Peoples Home, item 31.(2)
PDF 3 MB
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2. 21-01868-FULD - Hungerford Care Home - Update Report, item 31.(2)
PDF 84 KB