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Agenda item

Application No. and Parish: 21/02145/FULEXT Land adjacent to Phoenix Centre, Newtown Road, Newbury

Meeting of Western Area Planning Committee, Wednesday, 21st September, 2022 6.30 pm (Item 17.(3))

Proposal:	Construction of 18 no. new homes composed of one and two bed dwellings, all with associated access, parking, amenity and landscaping.
Location:	Land adjacent to Phoenix Centre, Newtown Road, Newbury
Applicant:	Homes for West Berkshire LLP
Recommendation:	To delegate to the Service Director - Development and Regulation to grant planning permission subject to conditions and completion of a section 106 agreement within four months (or such longer period that may be authorised). If a section 106 agreement is not completed within four months to delegate to the Service Director of Development and Regulation to refuse planning permission.

Minutes:

All Members of the Committee declared a personal interest in Agenda Item 4(3) by virtue of the fact that this was a joint venture application submitted on behalf of the Council and Sovereign Housing. As their interest was personal and not prejudicial or a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.

Councillor Howard Woollaston declared a personal interest in Agenda Item 4(3) by virtue of the fact that he was the Executive Portfolio Holder for Housing. 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.

Councillors Phil Barnett and Tony Vickers declared a personal interest in Agenda Item 4(3) by virtue of the fact that they were Members of Newbury Town Council’s Planning and Highways Committee where this item had been previously 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.

Councillor Adrian Abbs declared a personal interest in Agenda Item 4(3) by virtue of the fact that he was a Member of Greenham Parish Council. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

1. The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 22/02145 in respect of constriction of 18 new homes with associated parking, access, amenity and landscaping at Land adjacent to Phoenix Centre, Newtown Road, Newbury.

2. Mr Simon Till (Team Leader - Development Control) introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was acceptable in planning terms and officers recommended that the Service Director - Development and Regulation be authorised to grant planning permission subject to the conditions outlined in the main and update reports, and completion of a section 106 agreement within four months (or such longer period that may be authorised).

3. The Chairman asked Mr Gareth Dowding (Principal Engineer (Traffic and Road Safety)) if he had any observations relating to the application. He confirmed that there were sufficient car parking spaces proposed and all would be of the correct size. At least two disabled parking spaces would be provided.

4. In accordance with the Council’s Constitution, Nigel Foot, Town Council representative, and Nick Fisher, applicant, addressed the Committee on this application.

Town Council Representation

5. Mr Nigel Foot in addressing the Committee raised the following points:

· Newbury Town Council’s Planning and Highways Committee had supported the application.

· It was refreshing to see an application of this size that was entirely for affordable housing.

· The Town Council was encouraged by the sustainability aspects, including the provision of an air-source heat-pump and was happy to support the application.

Member Questions to the Parish/Town Council

6. Members asked if the Town Council was happy that solar panels were not proposed as part of the scheme. It was suggested that this might be something that the applicant could address later. Also, it was noted that external lighting needed careful consideration, due to potential impacts on insects.

Applicant Representation

7. Mr Nick Fisher in addressing the Committee raised the following points:

· Mr Fisher represented Sovereign Housing and Homes for West Berkshire.

· If planning application was granted, ownership of the land would be transferred from West Berkshire Council to Homes for West Berkshire, which was a joint venture with Sovereign Housing. The land would be developed by Homes for West Berkshire with the completed homes then purchased and managed by Sovereign Housing.

· The development consisted of two buildings with 18 flats – all affordable housing, with nine for social rent and nine for shared ownership.

· The scheme has been carefully designed to improve the appearance and character of the area.

· Additional information had been provided on sustainable drainage details and a detailed landscaping scheme had been submitted.

· Some trees would be removed from the site and there was some difficulty in putting new trees back due to buried services across the land, but there was sufficient screening already on the site.

· The development was in close proximity to a Leylandii hedge that was under the ownership of the Two Saints Hostel. However, they were supportive of the development. Advice had been taken from a tree consultant who had advised that the roots would not extend for the full 11m root protection area and there was a low chance of harm to the hedge. Foundations would be modified on the basis of the results of trial pit excavations.

Member Questions to the Agent

8. Members noted that the social housing in new developments usually had 70% social rent, 25% first homes and 5% shared ownership, and asked if there would be one ‘first home’ provided within the development as set out in the report. It was explained that the mix mentioned would normally be across the 30% social housing required for all developments. However, since this development would be 100% social housing, there was no requirement for a first home.

9. Members asked why it was solar panels and EV charge points were not proposed. It was confirmed that two EV charge points would be provided to serve the visitor spaces and additional charge points may be required to meet building regulations. The decision had been taken to adopt a ‘fabric first’ approach with airtight properties, good thermal insulation, and air source heat pumps. As such, the development would be 57% better than required by the 2013 regulations. It was confirmed that there were new products on the market, which would allow solar panels to be used and the benefits to be shared across all the flats. While solar was not the preferred approach, they could consider it.

10. Members asked about the layout of the cycle store. A plan was not available at the meeting, but it was confirmed that 32 spaces would be provided.

Ward Member Representation

11. Councillor Phil Barnett in addressing the Committee raised the following points:

· This represented the completion of a long project which started when the Phoenix Centre had been commissioned. There had been various issues across the wider site encompassing the Phoenix Centre and Two Saints Hostel, which had needed to be addressed.

· The scheme ticked many boxes although it was recognised that there were still areas where improvements could be made. The provision of affordable housing and smaller units was welcomed. Other aspects were also welcomed including air-source heat-pumps, sustainable construction, biodiversity measures and provision of cycle parking.

· There had been some concern about communal amenity space, but there were existing areas nearby that would overcome the issue.

· It was noted that there were other three storey developments nearby, including Jago Court.

· The proposal to maintain the adjacent bridleway was welcomed.

· While it would be nice to have additional trees on the site, the challenges of doing this were recognised.

Member Questions to the Ward Member

12. Members did not have any questions of clarification.

Member Questions to Officers

13. Members asked if the EV charge points could be relocated so they could be used by residents. Officers indicated that the condition could be altered to allow submission of further detail around the location of the charge points. It was noted that additional charge points may be required to satisfy building regulations.

14. Members sought further clarification about the mix of units and queried whether 70% of the units should be for social rent and if one first home should be provided. It was confirmed that where social housing provision went beyond the policy requirement, this was considered additional benefit and the policy would not apply beyond the minimum policy requirement. In terms of first homes, there was an exemption for schemes that provided 100% affordable housing.

Debate

15. Councillor Howard Woollaston opened the debate. As the Executive Portfolio Holder for Housing, he welcomed the scheme. West Berkshire was short of affordable housing and he hoped that the Committee would support the proposal.

16. Concillor Tony Vickers noted that this application was similar to the almshouses in Mill Lane, where he had previous involvement. It had been difficult to determine the allocation of parking spaces and this would be further complicated by EV charge points. He suggested that the visitor spaces would be the best location for the charge points, since they were more likely to be unused overnight when residents wished to charge their vehicles. He suggested that it was easiest to allocate individual spaces to particular flats, but that was a management issue. He also stressed the importance of ensuring that the cycle store was properly laid out. Overall, he was pleased to see a 100% affordable housing site.

17. 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. He asked for an additional condition to require that revised details of EV charge point locations be submitted for approval, to ensure that they could be accessed by residents as well as visitors. He also asked for an informative to be added to suggest that the applicant consider the potential for community solar power. This was seconded by Councillor Phil Barnett.

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

RESOLVED that the Service Director - Development and Regulation be authorised to GRANT planning permission subject to the following conditions.

OR, if a Section 106 Agreement is not completed, to delegate to the Service Director of Development & Regulation to REFUSE PLANNING PERMISSION for the reasons listed below.

Conditions

1.	Commencement of development The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2.	Approved Plans The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below: Location Plan 6362-P-001 Rev A Proposed Site Layout 6362-P-105 Q Proposed Elevations Block A 6362-P700 C and -701 C Proposed Elevations Block B 6362-P-703 Rev A and -704 Rev A Proposed Ground Floor Block A 6362-P-200 C Proposed First Floor Block A 6362-P-201 C Proposed Second Floor Block A 6362-P-202 C Proposed Roof Plan Block A 6362-P-203 A Proposed Ground Floor Block B 6362-P-204 Proposed First Floor Block B 6362-P-205 Proposed Second Floor Block B 6262-P-206 Proposed Roof Plan Block B 6362-P-207 Site Visibility 0702 P04 Cycle Stores 6362-P-212 Bin Stores 6362-P213 A Private Drainage 0400 P01. Private Drainage 0400 P02 Planting Plan and Schedule PP-001 Vehicle Manoeuvres & S38 Areas 0700 P11 Site Sections 6363-P-702 F Existing and Proposed Levels 0100 P11 Proposed Drainage 0200 P11 4229-PHCT-ICS-XX-RP-C-07.001-P05 Drainage Strategy Report 4229-PHCT-ICS-01-XX-M3-DRAINS P04 Drainage Calculations Cotswold Transport Planning Transport Statement July 2021 CTP-20-1053 Issue 01 Abricon Ltd Preliminary Ecological Appraisal August 2021 001SOVE100 Geo-Integrity Phase I Desk Study May 2020 20-02-11 Geo-Integrity Phase II Factual and Interpretative Geotechnical and Geo-Environmental Report September 2021 21-05-02 Quattro Design Architects Design and Access Statement July 2021 6362-P-4000 Hydrock Remediation Method Statement September 2021 21097-HYD-XX-XX-TN-GE-1001 Hillside Trees Ltd Arboricultural Impact and Method Statement, Tree Protection Plan January 2022 Version 1.3 and email correspondence Infrastructure CS Ltd Drainage Strategy August 2021 4229-PHCT-ICS-XX-RP-C-07.001 and calculations XX-M3 P04 AES Sustainability Consultants Ltd Energy and Sustainability Statement April 2022 Rev 1 Reason: For the avoidance of doubt and in the interest of proper planning. Abricon Ltd Preliminary Ecological Appraisal August 2021 001SOVE100 Geo-Integrity Phase I Desk Study May 2020 20-02-11 Geo-Integrity Phase II Factual and Interpretative Geotechnical and Geo-Environmental Report September 2021 21-05-02 Quattro Design Architects Design and Access Statement July 2021 6362-P-4000 Hydrock Remediation Method Statement September 2021 21097-HYD-XX-XX-TN-GE-1001 Hillside Trees Ltd Arboricultural Impact and Method Statement, Tree Protection Plan January 2022 Version 1.3 and email correspondence Infrastructure CS Ltd Drainage Strategy August 2021 4229-PHCT-ICS-XX-RP-C-07.001 and calculations XX-M3 P04 AES Sustainability Consultants Ltd Energy and Sustainability Statement April 2022 Rev 1 Reason: For the avoidance of doubt and in the interest of proper planning.
3	Materials No development shall take place above ground level until a schedule of the materials to be used in the construction of the external surfaces of the development hereby permitted, has been submitted to and approved in writing by the Local Planning Authority. Samples of materials shall be made available upon request. Thereafter the development shall be carried out in accordance with the approved details. Reason: To ensure that the external materials respect the character and appearance of the area. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).
4.	Affordable housing The affordable housing shall be provided and retained for all residential units hereby permitted which are not secured by the associated planning obligation and shall meet the definition of affordable housing in Annex 2: Glossary of National Planning Policy Framework or any future guidance that replaces it. Reason: To ensure that the affordable housing is provided in accordance with the submission in accordance with policies CS4 and CS6 of the West Berkshire Core Strategy 2006-2026 and the National Planning Policy Framework.
5.	Implementation of Approved Remediation Scheme The approved Remediation Statement by Hydrock dated 3/9/21 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. 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 in accordance with policy CS14 of the West Berkshire Core Strategy 2006-2026 and policies OVS.5, OVS.7 and OVS.8 of the West Berkshire District Local Plan Saved Policies 2007 and the National Planning Policy Framework.
6.	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 and where remediation is necessary a remediation scheme must be prepared and undertaken 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. 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 in accordance with policy CS14 of the West Berkshire Core Strategy 2006-2026 and policies OVS.5, OVS.7 and OVS.8 of the West Berkshire District Local Plan Saved Policies 2007 and the National Planning Policy Framework.
7.	Protection from external noise (prior approval) No dwelling shall be first occupied until external noise mitigation measures have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. The details shall be informed by an appropriately detailed investigation to address any noise sources in the area including the onsite air source heat pump. The details shall include a scheme of works for protecting occupants of the new dwellings from externally generated noise. Reason: To protect future occupants from the adverse effects of excessive noise levels that may be generated by the adjacent public house 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.
8.	Hours of work (construction/demolition) No demolition or construction works shall take place outside the following hours, unless otherwise agreed in writing by the Local Planning Authority: 7:30am to 6:00pm Mondays to Fridays; 8:30am to 1:00pm Saturdays; No work shall be carried out at any time on Sundays or Bank Holidays. Reason: To safeguard the amenities of adjoining land uses and occupiers. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS14 of the West Berkshire Core Strategy 2006-2026.
9.	Trial Pits to Establish Foundation Design No development works within the root protection area of the trees identified as G1 on drawing 211223-PC-TPP-Rev B-NB Tree Protection Plan shall take place until details of foundation design for Block B have been submitted and approved in writing by the Local Planning Authority. The details shall include the findings of trial pits establishing the roots of the G1 trees. The foundations shall be provided in accordance with the approved details. Reason: To ensure the protection of trees identified for retention at the site in accordance with the National Planning Policy Framework and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.
10.	Electric vehicle charging points (prior approval) No dwelling shall be first occupied until electric vehicle charging points have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. Thereafter, the charging points shall be maintained, and kept available and operational for electric vehicles at all times. Reason: To secure the provision of charging points to encourage the use of electric vehicles. This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy 2006-2026, and Policy P1 of the Housing Site Allocations DPD 2006-2026.
11.	Construction method statement No development shall take place until a Construction Method Statement (CMS) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the demolition and construction works shall incorporate and be undertaken in accordance with the approved CMS. The CMS shall include measures for: (a) A site set-up plan during the works; (b) Parking of vehicles of site operatives and visitors; (c) Loading and unloading of plant and materials; (d) Storage of plant and materials used in constructing the development; (e) Erection and maintenance of security hoarding including any decorative displays and/or facilities for public viewing; (f) Any temporary access arrangements to the site, and any temporary hard-standing; (g) Wheel washing facilities; (h) Measures to control dust, dirt, noise, vibrations, odours, surface water run-off, and pests/vermin during construction; (i) A scheme for recycling/disposing of waste resulting from demolition and construction works; (j) Hours of deliveries and preferred haulage routes; (k) Incorporation of the environmental safeguarding measures in the approved Abricon Ltd Preliminary Ecological Appraisal August 2021 001SOVE100 Reason: To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety. This condition is applied in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026, and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007). A pre-commencement condition is required because the CMS must be adhered to during all demolition and construction operations.
12.	Layout and design standards The detailed layout of the site shall comply with the Highway Authority's standards in respect of road and footpath design and vehicle parking and turning provision. The road and footpath design shall be to a standard that is adoptable as public highway. This condition shall apply notwithstanding any indications to these matters which have been given in the current application. Reason: In the interest of providing adoptable infrastructure, road safety and flow of traffic. This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy (2006-2026), Policy P1 of the Housing Site Allocations DPD (2006-2026), and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).
13.	Footway provision The use shall not commence until the following has been provided in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details shall include: A footway on the northern side of the access road from Newtown Road into the site; The footway on the southern side has been resurfaced; A set of dropped kerbs and tactile paving is provided across the access road from Newtown Road; Any statutory undertaker's equipment or street furniture located in the position of the works shall be re-sited. 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).
14.	Visibility splays (provision) No dwelling shall be first occupied until visibility splays at the access have been provided in accordance with the approved plans. Thereafter the visibility splays shall be kept free of all obstructions to visibility above a height of 0.6 metres above carriageway level at all times. Reason: To ensure there is adequate visibility at the access, in the interests of highway safety. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS13 of the West Berkshire Core Strategy 2006-2026.
15.	Parking (prior approval before occupation) No dwelling shall be occupied until vehicle parking and turning spaces, including any surfacing arrangements and marking out, have been completed in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority. Thereafter the parking and turning spaces shall be kept available for parking and manoeuvring of private cars and/or private 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 applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy 2006-2026, and Policy P1 of the Housing Site Allocations DPD 2006-2026.
16.	Cycle parking/storage (approved plans) No dwelling shall be occupied until cycle parking/storage facilities have been provided in accordance with the approved drawings. Thereafter the facilities shall be maintained and kept available for that purpose at all times. Reason: To ensure the provision of cycle parking/storage facilities in order to encourage the use of cycles and reduce reliance on private motor vehicles. This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy 2006-2026, Policy P1 of the Housing Site Allocations DPD 2006-2026, Quality Design SPD, and the Council’s Cycle and Motorcycle Advice and Standards for New Development (November 2014).
17.	Refuse Storage No dwelling shall be occupied until storage for refuse and recycling receptacles has been provided in accordance with the approved drawings. Thereafter the facilities shall be maintained and kept available for that purpose at all times. Reason: To ensure that there is adequate refuse and recycling storage facilities within the site, to ensure safe and adequate collection in the interests of highway safety and local amenity. This condition is applied in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and the West Berkshire Quality Design SPD (Part 1, Section 2.13).
18.	Drainage No dwelling shall be occupied until the drainage measures have been provided in accordance with the approved drawings and documents. Thereafter the drainage shall be maintained. Reason: To ensure that surface water is managed in a sustainable way in accordance with policy CS16 of the West Berkshire Core Strategy 2006-2026, the Supplementary Planning Document Sustainable Drainage, and the National Planning Policy Framework.
19.	Air Source Heat Pump and Sustainable Construction No dwelling shall be occupied until the air source heat pump or pumps for the hot water demand of the development has been provided in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details shall include the location and type of air source heat pump or pumps and evidence/confirmation that it or they can provide hot water for all units. Reason: To ensure that onsite renewables to reduce carbon emissions are provided in accordance with policy CS15 of the West Berkshire Core Strategy 2006-2026 and the National Planning Policy Framework.
20.	Biodiversity measures The development shall be undertaken in accordance with the Appraisal Ltd Preliminary Ecological Assessment for clearance and construction to follow a precautionary method of working in Appendix E and no breathable roofing membrane shall be used on the buildings. No dwelling shall be occupied until the biodiversity enhancements have been provided in accordance with the Abricon Ltd Ecological Appraisal paragraph 6.9.2 and Appendix D for one bat box and one bird box on each of the buildings, as well as 10 swift boxes on the north and eastern sides of the buildings at a height of over 5 metres. Reason: To ensure biodiversity mitigation and enhancements are incorporated into the development. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.
21.	Lighting strategy 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 isolux contour diagram(s) 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. (e) Be informed by the recommendation of 6.4.2 of the Abricon Ltd Ecological Appraisal. No external lighting shall be installed on site except in accordance with the above strategy. Reason: To ensure the conservation and enhancement of the biodiversity assets of the site. This condition is applied in accordance with the National Planning Policy Framework, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.
22.	Time limit on development before further surveys are required If the development hereby approved does not commence (or, having commenced, is suspended for more than 12 months) within a year from the date of the planning permission, the approved ecological measures secured through Condition 20 shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to (i) establish if there have been any changes in the presence and/or abundance of bats and (ii) identify any likely new ecological impacts that might arise from any changes. Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development (or, in the case of the suspension of development after commencement prior to the development resuming). Works will then be carried out in accordance with the proposed new approved ecological measures and timetable. IMPORTANT: If any protected species are identified in the new surveys that were not previously known to be on site, and are likely to be harmed by the development, then a protected species licence might be required before works can commence or continue. Advice should be sought from Natural England and/or a suitably qualified ecologist. Reason: To ensure the conservation and enhancement of the biodiversity assets of the site in accordance with the National Planning Policy Framework, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.
23.	Hard landscaping (prior approval) No dwelling shall be occupied until the hard landscaping of the site has been completed in accordance with a hard landscaping scheme that has first been submitted to and approved in writing by the Local Planning Authority. The hard landscaping scheme shall include details of any boundary treatments (e.g. walls, fences) and hard surfaced areas (e.g. driveways, paths, patios, decking) to be provided as part of the development. Reason: Landscaping is an integral element of achieving high quality design. 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.
24.	Soft landscaping (approved plans) All soft landscaping works shall be completed in accordance with the approved soft landscaping scheme Planting Plan and Schedule PP-001 within the first planting season following completion of building operations / first occupation of a new dwelling (whichever occurs first). Any trees, shrubs, plants or hedges planted in accordance with the approved scheme which are removed, die, or become diseased or become seriously damaged within five years of completion of this completion of the approved soft landscaping scheme shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved. Reason: Landscaping is an integral element of achieving high quality design. 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.

Informative

1.	Solar Power The applicant should consider the potential for a community solar power scheme to be provided as part of the development.

Heads of Terms for Section 106 Agreement

Affordable housing

Provision arrangements to be agreed. 30% of the overall number of homes to be provided as affordable housing through a registered provider.

Public open space

Provision arrangements to be agreed. Contribution for off-site provision and management based on the calculation in the Planning Obligations SPD, £13,130.

Public Rights of Way

Provision arrangements to be agreed. Commuted sum of £5,860 for off-site Bridleway upkeep from additional use from residents (including the extension required as part of the development by the Highways Authority).

Refusal Reasons

Planning obligation

The application fails to provide an appropriate planning obligation to mitigate the impact of the development with regard to affordable housing, public open space, and public rights of way. The District has a high affordable housing need and an affordability ratio above the national average. Public open space and upgrades to the public rights of way are required from the development. Without these planning obligations the proposed development conflicts with policies CS5, CS6, CS13, and CS18 of the West Berkshire Core Strategy 2006-2026, policies RL.1, RL.2 and RL.3 of the West Berkshire District Local Plan Saved Policies 2007, the Planning Obligations SPD and the National Planning Policy Framework.

Supporting documents: