Agenda item

Proposal:	Section 73. Variation of Condition 17 on planning permission 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(2)) concerning Planning Application 13/02622/COMIND, section 73. Variation of Condition 17 on planning permission 13/00252/comind in respect of 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, and 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 although the BREEAM ‘excellent’ standard would not be achieved,[if the application were approved] the scheme would still be of a very high quality. The update report confirmed that a combined heat and power (CHP) unit would be installed. In conclusion the report stated that there were clear reasons for the proposal to be recommended by Officers.

Councillor Hilary Cole questioned the seriousness of explosive refrigerants in the report. Michael Butler suggested that this question be directed to one of the speakers.

Councillor Roger Hunneman expressed the view that he found it difficult to accept the expense of a roof terrace if BREEAM ‘excellent’ was the real cost. Michael Butler acknowledged that the Members would have to weigh the benefits to residents against the BREEAM standard. Councillor George Chandler asked if there were different standards for care homes. Michael Butler suggested that the Committee addressed this question to the BREEAM assessor.

Phil Barnet in addressing the Committee raised the following points:

·        Councillors were very keen to see high standards of BREEAM in all new builds without exception. Members had seen this part of the original application as a step forward.

·        He was content with the installation of the CHP and thought this might reassure the members of the Newbury Town Council Planning and Highways Committee.

Mrs Rivero in addressing the Committee raised the following points:

·        She acknowledged that there had been pressure on the Members to approve the last planning application. However, there were flaws with the design:

·        Inaccessibility via public transport

·        Lack of parking

·        Poor design

·        Energy efficiency.

·        The expectation was that elected representatives provided oversight and accountability. It would be almost impossible to achieve BREEAM ‘excellent’.

·        The information that noise insulation in a care home needed to be low so that staff could hear residents was erroneous. Residents were monitored via visual checks recorded electronically.

·        The main argument against achieving the standard was of additional cost. Gracewell were professionals and would have accounted for this extra cost. Although, the initial cost would be higher, overtime the running costs would be lower. This would have been a good time to redesign to accommodate a high BREEAM level rather than include extra luxuries.

·        The Committee could send a message to developers; to create a legacy whereby developers needed to account for BREEAM in their costings.

Councillor Jeff Beck inquired if Mrs Rivero could expand on the refrigerant question raised earlier in the discussion. She explained that she had worked in a hospital chain and that the fridges were small units for storing medicines and were the same as used in any domestic situation.

Mr Dunne and Mr Tumble in addressing the Committee raised the following points:

·        Mr Dunne was a BREEAM consultant / assessor with 25 years experience. He explained that to get all the points needed for the ‘excellent’ standard, work had to be done prior to the planning stage.

·        With regards to the confusion on parking spaces raised in the previous application he explained that the BREEAM requirement was at odds with Highways in that it asked for as few spaces as possible.

·        Passive ventilation had been included in the new design and refrigerants had been designed out.

·        Gracewell had committed to follow BREEAM where possible, for example:

·        By installing the CHP system, which gave a reduction in C0²,

·        Installing LED lighting

·        Using green materials

·        Reusing waste water for the garden and possibly laundry

Councillor Cole asked if Mr Dunne knew of any examples of exploding fridges. Mr Dunne said he did not know of any. She also enquired what alarm system was to be used in the home. Mr Rumble confirmed that it would be the Nurse call system.

Councillor Allen recognised that there were some fundamental problems with obtaining the ‘excellent’ standard and asked what would be the time and cost issues and how close was the project to getting the standard. Mr Dunne replied that some points could only be awarded prior to the planning stage and so could not be accessed. He estimated that the project was 50% towards ‘excellent’.

The Chairman inquired, if the site were being designed from square one, would ‘excellent’ have been achievable. Mr Dunne advised that if that was the target, then it would have been met.

Councillor Jeff Beck asked for confirmation that the structural changes needed to account for the CHP had been included in the proposal. Mr Dunne assured the Committee that they had and as the plant was located on the second floor, the noise should not affect residents.

Councillor Beck requested clarification regarding parking spaces. Mr Dunne explained that BREEAM looked to reduce spaces, however, this caused problems for Highways Officers and so a compromise had been reached. He also advised that the travel plan was carried out at the feasibility stage.

Mr Dunne gave the following answers to questioning from Councillors Hunneman, Cole and Chandler:

·                    Care homes were grouped as multi-residential and therefore different criteria applied

·                    Cycle spaces were required

·                    Solar panels could still be included in the design, but might not make much difference and would be costly. The CHP unit was more viable, with a 20% reduction in CO²

·                    The CHP would use gas

Councillor Beck, speaking as Ward Member, raised the following points:

·                    It appeared to him that the application previously passed could have been built and achieved ‘excellent’. The developers were now asking for a reduction of 50% and were not prepared to pay for solar panels. It appeared to be a cost reduction exercise.

Councillor Beck proposed to reject the application against Officer recommendation. This was seconded by Councillor Chandler.

Councillor Cole found Mrs Rivero’s presentation impressive. She considered BREEAM to be a box ticking exercise and quoted from the Core Strategy of July 2012, where ‘excellent’ had been agreed upon as the minimum standard. She stated that this was what all Members had agreed upon and should therefore be upheld.

Councillor Allen put forward a contrary view that the current application was being penalised for the extant plan. Due to the change in ownership the current developers were unable to access credits and he was reluctant to refuse permission.

Councillor Anthony Stansfeld commented that the acceptance of an application should not be recommended if the Conditions could not be met by the developer. He offered the view that this application should be accepted but that the original application should not have been approved.

Councillor Chandler noted that the Committee should encourage a high standard of build and should adhere to their strategy.

Councillor Hunneman concurred with Councillor Cole, but concluded that care homes were in great need and if the application were not approved the project might be in jeopardy. He asked Officers what the reason for refusal could be. Michael Butler responded that the only reason could be that it was contrary to policy.

At the vote the motion was lost.

Councillor Allen proposed to grant the application, as per Officer recommendation. This was seconded by Councillor Ieuan Tuck.

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

1.                  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.

2.                  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.

3.                  The development hereby permitted shall be carried out in accordance with the submitted plans as amended by the plans received on the 8th April 2013.

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

4.                  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.

5.                  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.

6.                  No development shall commence until samples of the 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.

7.                  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.

8.                  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.

9.                  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. 

10.             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.

11.             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. 

 

12.             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 to be done in concert with the ward Member. 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.

13.             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.

14.             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.

15.             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.

16.             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.

 

17.             The new nursing home shall achieve Very Good 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 Very Good   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

18.             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).

1.                  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).

2.                  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).

3.                  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.

4.                  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)

5.                  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 arboriculturist 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.