Agenda item

Proposal:	Section 73. Variation of Condition 3 [build in accord with approved plans] of planning permission reference 13/00252/comind.
Location:	The Limes Guest House and 370a and 370b London Road, Newbury.
Applicant:	Gracewell Healthcare 2 Ltd.
Recommendation:	The Head of Planning and Countryside  be authorised to GRANT  planning permission.

 

(Councillor David Allen declared a personal interest in all the Agenda items by virtue of the fact that he was a Member of Newbury Town Council and the Planning and Highways Committee. He had been present when the application was discussed, but would consider the application afresh. As his interest was personal and not a prejudicial or a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

(Councillors Jeff Beck and Ieuan Tuck declared a personal interest in all the Agenda items by virtue of the fact that they were Members of Newbury Town Council. Councillor Tuck had not been present during discussions, however Councillor Beck had been present at the committee when the application was discussed. He would consider the application afresh. As their interest was personal and not a prejudicial or a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

(Councillor Swift-Hook declared a personal interest in all the Agenda items by virtue of the fact that he was a member of Greenham Parish Council and Newbury Town Council who had previously considered the application, but reported that he would view the application afresh on its own merit. Councillor Swift-Hook also reported that his use of a computer during the meeting was in order to access information on the application before him. As his interest was personal and not a prejudicial or a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 13/02615/COMIND in respect of section 73. Variation of Condition 3 [build in accord with approved plans] of planning permission reference 13/00252/comind at The Limes Guest House and 370a and 370b London Road, Newbury.

In accordance with the Council’s Constitution, Phil Barnet, Parish Council representative, Mrs Angelika Rivero, objector, Mr Tom Rumble, agent and Mr Malcolm Dunne, BREEAM assessor, addressed the Committee on this application.

Michael Butler introduced the report to Members, which took account of all the relevant policy considerations and other material considerations. He noted that due to a technicality, should the developer wish to implement both sets of amended planning applications being considered on this agenda, they would need to apply again for permission. In conclusion the report detailed that the proposal was for a high quality scheme and was strongly recommended by Officers.

Mr Barnet in addressing the Committee raised the following points:

·                    Newbury Town Planning and Highways Committee (NTP&HC) had considered all the applications on this site and still had the same concerns:

·                    Impact on street scene

·                    Overlooking

·                    Access

·                    Smell and noise

·                    Refuse store

·                    Gracewell Care Homes was now involved and this could lead to a series of amendments to modify the building. The previous application was not thought through enough and they would like to see the proposal be resubmitted in its entirety.

The Chairman enquired if Mr Barnet preferred the previous application. Mr Barnet reiterated that there were substantive concerns about both proposals. The Chairman reminded the meeting that each application should be treated on its own merits and that the extant plan could be constructed.

Councillor Hilary Cole informed the Committee that the previous application had been put forward by the previous owners of The Limes, who were not care home experts. The property had now been acquired by Gracewell and it was logical that they would wish to tweak the design to give a better living experience to the residents of the care home. Mr Barnet responded that the initial application had been informed by expert opinion.

Mrs Angelika Rivero in addressing the Committee raised the following points:

·                    The previous approval was for a speculative scheme, which Gracewell were now trying to make work.

·                    The site was difficult to access using public transport and was a green field site.

·                    The reworking of the plans gave the opportunity to make a building to suit Gracewell’s working model, but also to sort out the flaws in the original design. The current building could not be energy efficient, however, it could be made more carbon neutral through the use of solar panels, for example.

·                    If the overall footprint was being reduced then it might be possible to save some of the orchard area.

·                    The scheme would not meet the BREEAM ‘excellent’ standard.

Councillor George Chandler asked if the greater distance to the neighbouring house in London Road created by the reduction in the footprint had addressed the concerns raised in the last application. Mrs Rivero welcomed the change, but commented that the garden land was now considered ‘brown field’ due to the previous permission and it would be good if some of the orchard could be saved.

Councillor Cole asked Officers to clarify whether this was a green field site. Michael Butler confirmed that technically Mrs Rivero was correct. In principle a redevelopment was acceptable if garden land was in the curtilage; this was green field. However, in permitting the scheme, policies had overridden the technical distinction. It would be more useful to think of it as an extant permission.

Councillor Anthony Stansfeld conjectured whether the extant permission would have been approved without the assurance that it would be a BREEAM ‘excellent’ scheme. Michael Butler advised the Committee that CS15 was adopted in January 2013 and after this the BREEAM ‘excellent’ Condition was automatically applied. The Condition was technically feasible to achieve, but was expensive.

Mr Tom Rumble in addressing the Committee raised the following points:

·                    Planning permission was granted in June 2013 and the property had since been sold to Gracewell Home Care (GHC). The principle of a care home in this vicinity was agreed and GCH wanted to apply their experience in design.

·                    GHC provided high quality care; brought employment to the area; ensured the amenities of resident and neighbours were protected and had designed a well thought out and improved scheme.

Councillor Cole asked if a combined heat and power (CHP) scheme or solar panelling had been considered. Mr Rumble confirmed that a CHP was now included in the design.

Councillor Jeff Beck suggested that the two applications on this agenda were intertwined, however in one application an extra parking space was shown to be required, whilst in the other there were too many parking spaces. Mr Rumble noted that this report was attached to the second application to be considered. However, the extra spaces were welcomed by the Highways Officer and were due to the two extra bedrooms being created.

Councillor Beck further questioned why the travel plan had not been carried out in the feasibility stage. Mr Rumble confirmed that the travel plan would be dealt with in Conditions. Michael Butler reminded the Members that each application needed to be considered on its own merit and that the first application dealt with physical changes to the site. If the questioning on the applications became confused any decision reached might be unlawful. Councillor Beck raised a question regarding the screening and landscaping and asked that it be conditioned that Ward Members were to be involved in these decisions.

Councillor Paul Bryant asked what auto-fire suppression would be installed. Mr Rumble confirmed that it would be wet not misted sprinklers.

Councillor Beck in addressing the Committee, as Ward Member raised the following points:

·                    He found it difficult to object to this application without referring to its partner application. He felt that Mrs Rivero had made some sound comments.

Councillor George Chandler concluded that he could see no problem with the variations as it was fine tuning of an existing plan, he proposed the application be accepted in line with Officers’ recommendation. This proposal was seconded by Councillor Cole.

Councillor Beck asked that his opposition to the application be recorded in the minutes.

RESOLVED that the Head of Planning and Countryside be authorised to GRANT planning permission subject to the following conditions:

Conditions

The development hereby permitted shall be begun before the expiration of three years from the date of this permission and implemented strictly in accordance with the approved plans.

Reason: To enable the Local Planning Authority to review the desirability of the development to comply with Section 91 of the Town and Country Planning Act (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).should it not be started within a reasonable time.

1.                  No development shall commence until details of floor levels in relation to existing and proposed ground levels have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved levels.

Reason: To ensure a satisfactory relationship between the proposed building and the adjacent land in accordance with policy CS14 of the West Berkshire Core Strategy 2006 to 2026.

2.                  The development hereby permitted shall be carried out in accordance with the submitted plans as amended by the plans received on 24th October 2013.

Reason: To ensure that this permission relates to the revised plans only.

3.                  All the window(s) at indicated as being obscure glazed on the submitted amended plans shall be so glazed before occupation and the obscure glazing shall thereafter be retained in position to the satisfaction of the Local Planning Authority.  Irrespective of the provisions of the Town and Planning (General Permitted Development) Order 1995 (or any subsequent revision), no additional openings shall be inserted in any of the first and second floor elevations without the permission in writing of the Local Planning Authority.

Reason: In the interests of the amenity of neighbouring properties in accordance with Policy CS14 of the West Berkshire Core Strategy 2006 to 2026.

4.                  The detailed layout of the site shall comply with the Local Planning Authority's standards in respect of road and footpath design and vehicle parking and turning provision.   This condition shall apply notwithstanding any indications to these matters which have been given in the current application.

Reason: In the interest of road safety and flow of traffic in accordance with Policy CS14 of the West Berkshire Core Strategy 2006 to 2026.

5.                  No development shall commence until samples of the external facing materials to be used in the proposed development have been submitted on the application site only, and approved in writing by the Local Planning Authority.  This condition shall apply irrespective of any indications as to the details that may have been submitted with the application, and shall where necessary include the submission of samples of glass, plastic and mortar materials. Thereafter the materials used in the development shall be in accordance with the approved samples.

Reason: In the interests of visual amenity in accordance with Policy CS14 of the West Berkshire Core Strategy 2006 to 2026.

6.                  No development shall commence until a scheme for the means of treatment of the hard surfaced areas of the site has been submitted to and approved in writing by the Local Planning Authority.  The Nursing Home shall not be occupied before the hard surfaced areas have been constructed in accordance with the approved scheme.

Reason: In the interests of visual amenity, in accordance with Policy CS14 of the West Berkshire Core Strategy 2006 to 2026.

7.                  The hours of work for all contractors for the duration of the site development [including all demolition works] shall, unless otherwise agreed by the Local Planning Authority in writing, be limited to:

7.30am to 6.00pm on Mondays to Fridays 7.30am to 1.00pm on Saturdays and NO work shall be carried out on Sundays or Bank Holidays.

Reason: In the interests of the amenities of neighbouring occupiers in accord with policy CS14 in the West Berkshire Core Strategy 2006 to 2026.

8.                  The premises shall be used for a Nursing Home and for no other purposes including any other purpose in Class C2 of the Schedule of the Town and Country Planning (Use Classes) Order 2005 (as amended) or any subsequent amendment to this Order.

Reason: Any other use may not be acceptable on the site in accordance with Policy CS14 of the West Berkshire Core Strategy 2006 to 2026

9.                  No development shall commence until an Air Quality Assessment has been submitted to demonstrate any likely changes in air quality exposure to air pollutants as a result of the proposed development and the exposure of receptors to the existing air pollution. The assessment is to compare the air quality following completion of the development with that expected at the time without the development. The assessment will need to include:

1) assess the existing air quality in the study area (existing baseline)

2) predict the future air quality without the development in place (future baseline)

3) predict the future air quality with the development in place (with development)

4) details of mitigation

Reason: to accord with policy CS14 in the West Berkshire Core Strategy 2006 to 2026.

10.             Prior to works starting on site construction and location details of a newt hibernaculum to be built in the north east corner of the site will be submitted to the local planning authority for approval. Such approved details will be implemented in full and the hibernaculum maintained thereafter.

Reason: To accord with Policy CS17 (Biodiversity and Geodiversity) of the West Berkshire Core Strategy 2006 to 2026. 

11.             No development or other operations shall commence on site until a detailed scheme of landscaping for the site is submitted to and approved in writing by the Local Planning Authority. This shall be agreed in concert with the ward Councillor. The details shall include schedules of 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 objectives of Policy CS18 of the West Berkshire Core Strategy 2006 to 2026.

12.             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 in accordance with B.S.5837:2012. 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 BS5837:2012.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with Policy CS18 of the West Berkshire Core Strategy 2006 to 2026.

13.             No development or other operations shall commence on site until details of the proposed access, hard surfacing, drainage and services providing for the protection of the root zones of trees to be retained has been submitted and approved in writing by the Local Planning Authority.

Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of Policy CS18 of the West Berkshire Core Strategy 2006 to 2026.

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

Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of Policy CS18 of the West Berkshire Core Strategy 2006 to 2026.

15.             No development shall commence on site until full details of how spoil arising from the development will be used and/or disposed of have been submitted to and approved in writing by the Local Planning Authority. These details shall:

a) Show where any spoil to remain on the site will be deposited,

b) Show the resultant ground levels for spoil deposited on the site (compared to existing ground levels),

c) Include measures to remove the spoil from the site.

d) Include a timescale for the spoil removal and associated works.

All spoil arising from the development shall be used and/or disposed of in accordance with the approved details.

Reason: To ensure appropriate disposal of spoil from the development and to ensure that any change of ground levels on the site will not harm the character and amenity of the area. In accordance with the NPPF and Policies CS14 and CS19 of the West Berkshire Core Strategy 2006 - 2026.

16.             The new nursing home shall achieve ‘Excellent ’ under BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme).  No building shall be occupied until a final Certificate has been issued certifying that BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme) rating of ‘Excellent’ has been achieved for the development, has been issued and a copy has been provided to the Local Planning Authority.

Reason: To ensure the development contributes to sustainable construction.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS15 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

17.             The use shall not commence until the vehicle parking and / or turning space have been surfaced, marked out and provided in accordance with the approved plan(s). The parking and/or turning space 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 (March 2012), 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).

18.             The use shall not commence until the cycle parking has been provided  for employees 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 (March 2012), 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).

19.             No development shall take place until details of the access into and out of the site have been submitted to and approved in writing by the Local Planning Authority.  The development shall not be brought into use until the accesses have been constructed in accordance with the approved details.

Reason: In the interest of road safety. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

20.             The applicant / owner / operator shall submit to the Council a Travel Plan for employees before the development is commenced. The travel plan shall be approved by the Council and implemented within 3 months of the occupation of the new building hereby permitted. The plan shall then be operated in perpetuity on the site/ building.

Reason: To minimise travel to and from the site by private vehicle by employees in accord with the advice in the NPPF 2012.

21.             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

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 (March 2012), 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),

22.             The removal of the roof tiles, soffits, lead flashing and hanging tiles on Nos. 366 & 368 shall be undertaken by hand under the supervision of a licensed ecologist. In addition, no development shall take place until a drawing showing the location of four built in bat boxes (Ibstock Type B or similar) to be incorporated in the walls of the new building has been submitted to, and approved in writing by, the local planning authority. Development shall be carried out in accordance with the approved drawing and the bat roosts created hereafter retained. In addition, a copy of the Natural England EPS License required will be provided to the local planning authority prior to works commencing on site.  No external lighting will illuminate the bat roost access points provided as part of the mitigation scheme. Removal of any tree with bat roost features will only commence after an experienced arborist or bat worker has confirmed that there are no roosting bats present. If roosting bats or evidence of their presence is found then advice from Natural England or a licensed bat worker must be sought before felling takes place. Tree, shrub and hedge removal will take place outside the bird breeding season (March - August) or immediately following confirmation by an ecologist that birds are not nesting or have dependant young.

Reason: To ensure the protection of species protected by law and to accord with Policy CS17 (Biodiversity and Geodiversity) of the West Berkshire Core Strategy 2006 to 2026 and the advice in the NPPF.

INFORMATIVE:

1.                  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 secured and accepted what is considered to be a development which improves the economic, social and environmental conditions of the area.

2.                  This permission should be read in conjunction with a legal agreement dated the 28th June 2013. You are advised to make yourself aware of the contents.