Agenda item

Proposal:	Construction of a detention basin with an area of 0.20 hectares and a 0.7m high earth bund to the south of the scheme. Realignment of an existing ditch for 12m into the proposed basin and installation of a bypass structure to facilitate flows in the existing watercourse downstream. A 300 mm diameter pipe will convey flows from the basin during flood events to the existing ditch to the south of the scheme before out falling to the existing Thames Water sewer to the southwest. The existing ditch will be regraded from the outlet from the basin to the inlet to Thames Water sewer. The provision of a 3.0m wide access track from Bowling Green Road to serve the Scheme. Removal and deposition and levelling of soil on adjoining land and land north of Tull Way.
Location:	Land North of Bowling Green Road, Thatcham
Applicant:	West Berkshire Council
Recommendation:	Delegate to the Service Director of Development and Regulation to grant planning permission.

 

The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 21/03154/COMIND in respect of land north of Bowing Green Road, Thatcham.

Ms Emma Nutchey, Principal Planning Officer, introduced the report to Members.

In accordance with the Council’s Constitution, Councillor Pete Murray, Cold Ash Parish Council representative, Mr Alastair Lees, objector, Mr Brian Woodham and Mr Keith Hoddinott, supporters, and Mr Brian Cafferkey, agent, addressed the Committee on this application.

Parish Council Representation

Councillor Pete Murray, representing Cold Ash Parish Council, raised the following points:

·         Councillor Murray expressed his support of the application but voiced concern at the access road near Heath Lane.

·         Councillor Murray reported that he had contacted the Tree Officer in relation to imposing Tree Preservation Orders (TPOs) at the site, but had not received any response.

Member Questions to the Parish Council

Members did not have any questions.

Objector Representation

Mr Alastair Lees in addressing the Committee raised the following points:

·         Mr Lees commented that he was not objecting to the scheme per se, but requested that certain conditions be included:

1)    Mr Lees commented that the oak trees at the site were particularly old and was concerned that the number of vehicles accessing the site would damage the tree branches. As such he requested inclusion of a pruning plan.

2)    A ‘no soil dumping zone’ was requested within 15 metres of the stream. Further it was requested that the soil not be disposed of in such a way that might damage the oak trees. He further suggested that the development be delayed until reports had been undertaken in relation to the hydrology and ecology of the soil.

3)    Mr Lees requested that the culvert be kept clear at all times. 

Member Questions to the Objector

Councillor Geoff Mayes queried whether the oak trees were within the boundary of the proposed site. Mr Lees responded that they crossed the boundary and so would need some further investigation. 

Supporter Representation

Mr Brian Woodham and Mr Keith Hoddinott of the Thatcham Flood Forum addressed the Committee with the following points:

·         Mr Woodham commented that the scheme would be wholly funded, owned and maintained by the Council. He stated that it was intended as a strategic defence and to protect the residents of Thatcham, not to facilitate any new developments.

·         Mr Woodham highlighted that over £200,000 had been raised in grants to assist with the scheme.

·         Mr Woodham asserted that the scheme would protect 960 homes, but was time dependent and so had to commence in September 2022 as any delay could compromise funding.

Member Questions to the Supporter

Members did not have any questions.

Agent Representation

Mr Brian Cafferkey in addressing the Committee raised the following points:

·         Mr Cafferkey explained that the proposed site was situated at a sufficient distance so as not to damage the oak trees. Trial pits had been excavated which had not found any significant tree roots.

·         Mr Cafferkey commented that the intention was to utilise all displaced soil, in order to have a carbon net impact

·         Mr Cafferkey suggested that Mr Lees and the arboriculturalist meet to discuss raising the height of the tree canopies in order to allow for easy access and to avoid any damage to the trees.

Member Questions to the Agent

Members did not have any questions.

Member Questions to Officers

In response to Councillor Law’s query as to whether any of the conditions protected the oak trees, Ms Nutchey commented that Condition 4 would ensure the root protection and Condition 6 required arboriculturalist site supervision. It was reported that the Tree Officer would also look at the feasibility of issuing TPOs.

Councillor Law acknowledged the impact of Conditions 4, 5 and 6 but queried why the trees could not be protected by TPO. Ms Nutchey responded that the matter had been raised and was currently being investigated. It was clarified that it would not be possible to include a condition to require TPOs, but that an informative could be added to the application.

Councillor Williamson requested assurance that the existing culverts would be maintained and kept clear. Ms Nutchey responded that the culverts would be monitored and managed by the Council and that requirement was included within the Conditions.

Debate

Councillor Law commented that there was no need for debate as it was a well-researched and supported application. He requested that an informative be added to the application to require investigation of TPOs at the site as an urgent priority for the Tree Officer. This was seconded by Councillor Williamson.

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

RESOLVED that the Service Director for Development and Regulation be authorised to grant planning permission subject to the following conditions:

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:

Bowling green Road Basin Red Line Boundary 2005290-002F

Proposed Earthworks Cut and Fill Volumes 2005290-007

Flood Alleviation Access Road Construction Details 2005290-017

Bund and Swale Construction Details Sheet 1 of 2 2005290-018

Bund and Swale Construction Details Sheet 2 of 2 2005290-019

Flow Control Structure Details 2005290-012A

General Arrangement 2005290-001E

Flood Alleviation Access Road General Arrangement 2005290-015A

Trial Pit Location Plan 2005290-004B

Landscape Proposals 01-09A/2021-22/WB/LAEPLA-Rev.B

Tree Removal Plan 2005290-14A

Existing Utilities Plan 2005290-005B

Grass Cutter Swept Path Analysis 2005290-023A

Proposed Access Road Swept Path Analysis 2005290-020B

Fire Tender Swept Path Analysis 2005290-022A

Soil Spreading Strategy 2005290-200A

Design & Access Statement Rev A by Ardent

Thatcham Flood Defence by Cotswold Archaeology August 2021

Arboricultural Implications Report by SJA Trees Nov 2021

Arboricultural Implications Report Addendum by SJA Trees Dec 2021

Flood Risk Assessment by Ardent December 2021

Geotechnical Interpretative report by Geo-Environmental November 2021

Landscape Appraisal, proposed Landscape Scheme, Planting Details and Landscape management and Maintenance Plan by Liz Allen, Nov 2021

Soil Spreading Statement ref: D-SM/2005290/N&E

Soil Spreading Strategy 2005290-200B

Ecology Assessment by Derek Finnie Associates, November 2021

Soil Spreading Receptor Areas BNG, Excel spreadsheet

 

Reason: For the avoidance of doubt and in the interest of proper planning.

3.    Landscaping

All landscape works shall be completed in accordance with the submitted plans, reference drawing numbers 01-09A/2021-22/WB/LAEPLA – Rev B dated 23/11/2021.

The approved landscaping plan shall be implemented within the first planting season following completion of development.

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: Required 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 in accordance with the NPPF and Policies ADPP1, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

4.    Tree Protection in accordance with submitted scheme

All Tree Protective Fencing shall be erected in accordance with the submitted plans, reference drawing numbers SJA TPP 21537-042b dated Dec 2021 (in the SJA Trees Addendum Report).

The protective fencing shall be implemented and retained intact for the duration of the development.

Within the fenced areas, there shall be no excavations, storage of materials or machinery, parking of vehicles or fires.

Reason: Required to safeguard and to enhance the setting within the immediate locality to ensure the protection and retention of existing trees and natural features during the construction phase in accordance with the NPPF and Policies ADPP1, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

 

5.    Tree protection for spoil disposal

No spoil shall be deposited on the land identified for soil spreading north of the Bowling Green Road 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. The protective fencing should be as specified at Chapter 6 and detailed in figure 2 of B.S.5837:2012. All such fencing shall be erected prior to any spoil deposition 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.

 

Reason: To ensure the retention of existing trees and natural features during the construction phase in accordance with the National Planning Policy Framework and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

6.    Arboricultural site supervision

The Arboricultural Method Statement by SJA Trees dated Nov 2021, together with the later Addendum dated Dec 2021 and plan SJA TPP 21537-042b dated Dec 2021 (in the SJA Trees Addendum Report) submitted in support of the application shall be adhered to in full, subject to the pre-arranged tree protection monitoring and site supervision, detailed in the report, by a suitably qualified tree specialist. This shall also apply to works in the smaller (0.048 ha) SE part of the site, east of the Hotel and alongside Bowling Green Road, as necessary and also to the land to the north where spoil is to be deposited.

 

Reason: Required prior to the commencement of development in order that the Local Planning Authority may be satisfied that the trees to be retained will not be damaged during development works and to ensure that, as far as is possible, the work is carried out in accordance with the approved details pursuant to section 197 of the Town and Country Planning Act 1990 in accordance with the objectives of the NPPF and Policies ADPP1, CS14, CS17, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

7.    Archaeology

No development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological supervision (watching brief) which has been submitted to and approved in writing by the Local Planning Authority. This requires archaeologists to be present to monitor earth moving from the start and for the depth of disturbance to be factored into the specification. Thereafter the development shall be undertaken in accordance with the approved statement.

 

Reason: To ensure that any significant archaeological remains that are found are adequately recorded. Such an approach follows the guidance set out in paragraph 205 of the National Planning Policy Framework.

8.    Construction method statement

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)

9.    Visibility splays before development

No development shall take place until visibility splays of 2.4 metres by 43 metres have been provided at the access. The visibility splays shall, thereafter, be kept free of all obstructions to visibility above a height of 0.6 metres above carriageway level.

 

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

10. Hours of work condition

No 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;

No work shall be carried out at any time on Saturdays, 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.

11. Construction Environmental Management Plan (CEMP)

No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following:

(a) Risk assessment of potentially damaging construction activities.

(b) Identification of “biodiversity protection zones”.

(c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

(d) The location and timing of sensitive works to avoid harm to biodiversity features.

(e) The times during construction when specialist ecologists need to be present on site to oversee works.

(f) Responsible persons and lines of communication.

(g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

(h) Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

Reason: A pre-commencement condition is required because the CEMP will need to be adhered to throughout construction. The condition is needed to ensure biodiversity 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.

12. Landscape and Ecological Management Plan (LEMP)

No development shall take place until a Landscape and Ecological Management Plan (LEMP) (also referred to as a Habitat or Biodiversity Management Plan) has been submitted to and be approved in writing by the Local Planning Authority. The content of the LEMP shall include the following:

(a) Description and evaluation of features to be managed.

(b) Ecological trends and constraints on site that might influence management.

(c) Aims and objectives of management.

(d) Appropriate management options for achieving aims and objectives.

(e) Prescriptions for management actions.

(f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

(g) Details of the body or organization responsible for implementation of the plan.

(h) Ongoing monitoring and remedial measures.

 

The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

The approved plan will be implemented in accordance with the approved details.

 

Reason: A pre-commencement condition is required because the LEMP may need to be implemented during construction. The condition is needed to ensure the biodiversity enhancements are maintained and managed to deliver long term benefits. This condition is applied in accordance with the National Planning Policy Framework and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

Informatives

 

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. The local planning authority has worked proactively with the applicant to secure a development that improves the economic, social and environmental conditions of the area.

 

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 this 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.

 

As an urgent priority the need for a Tree Protection Order on the Oak trees along the western boundary of the site needs to be investigated.