Agenda item

Proposal:	Construction of 2 detention basins located north and south of a proposed access track connected via twin 450 mm dia. Pipes. The North Basin will have an area of 0.35 hectares and a 0.6m high earth bund and will accommodate a 20m wide spillway and a 20m wide weir. The South Basin will have an area of 0.23 hectares and a 1.4m high earth with a 29 m wide weir to accommodate exceedance flows from the North Basin and realignment of an existing ditch via 450mm dia. Culvert. A 450 mm dia. pipe will convey flows from the southern basin during flood events to a new cut ditch before discharging into the existing ditch to the west of the site. Flows from the existing ditch eventually discharge to a Thames Water sewer. The provision of a 4.8m wide access track to serve the Scheme. Removal and deposition and levelling of soil on land north of Tull Way and Bowling Green Road.
Location:	Land West of Heath Lane, 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(3)) concerning Planning Application 21/03135/COMIND in respect of an application to build flood defences on the land west of Heath Lane, Thatcham.

Ms Emma Nutchey presented the report and highlighted the key points.

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

Objector Representation

Cold Ash Parish Councillor Pete Murray made the following comments in relation to the application:

·         Councillor Murray commented that he supported the flood management scheme, however raised concerns over the access road off Heath Lane. Councillor Murray suggested that the access road appeared to be creating a significant junction on the road. He commented that the width of the road seemed excessive given that it was intended to just be an access road.

·         Councillor Murray commented that a parishioner had also expressed concern over the size of the road suggesting that its size and potential extension might lead to future residential development on the site.

·         Concluding, Councillor Murray commented that whilst he supported the application, he wanted the Council to reduce the size and scale of the access road.

 

Member Questions to the Objector

Members had no questions for Councillor Murray.

Supporter Representation

Mr Woodham was invited to speak, but commented that he had nothing further to add to his previous statements.

Agent Representation

Mr Cafferkey was invited to speak and made the following comment:

·         Mr Cafferkey stated that there was no suggestion of any development on the site and that the access road would be used purely for maintenance by agricultural vehicles.

Member Questions to the Agent

Councillor Mayes queried how much water run off the basins had been designed for. Mr Cafferkey replied that the basins had been designed with a 100 years’ worth of climate change in mind.

Councillor Pask queried whether the road markings at the junction were required. In response, Mr Gareth Dowding commented that the markings were required to comply with highway standards.

Councillor Linden queried whether the width of the road was correct. Mr Dowding commented that the road would require the passage of large agricultural vehicles and consequently was the correct width to fulfil that required function. Mr Dowding continued by stating that in regards to any potential housing development, the road would require substantial changes to that being proposed, for example, the addition of pathways.

Member Questions to Officers

There were no questions for officers.

Debate

Councillor Linden proposed that the Officer recommendation to grant planning permission be approved and this was seconded by Councillor Macro. At the vote the motion was carried unanimously.

RESOLVED that:authority be delegated to the Service Director of Development and Regulation to grant planning permission subject to the following planning 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:

Heath Lane Basin Red Line Boundary 2005290-102F

Proposed Earthworks Cut and Fill Volumes 2005290-107

Flood Alleviation Access Road General Arrangement 2005290-115

Bund and Swale Construction Details Sheet 1 of 2 2005290-118

Bund and Swale Construction Details Sheet 2 of 2 2005290-119

Flow Control Structure Details Sheet 1 of 2 2005290-112

Flow Control Structure Details Sheet 2 of 2 2005290-121

Flood Alleviation Access Road General Arrangement 2005290-115B

Flood Alleviation Access Road Construction Details 2005290-117

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

Constraints Plan 2005290-104A

Existing Utilities Plan 2005290-105B

General Arrangement 2005290-101D

Constraints Plan 2005290-104B

Grass Cutter Swept Path Analysis 2005290-125A

Proposed Access Road Swept Path Analysis 2005290-120C

Fire Tender Swept Path Analysis 2005290-124A

Soil Spreading Strategy 2005290-200A

Design & Access Statement by Ardent Nov 2021

Thatcham Flood Defence Scheme (North) Thatcham by Cotswold Archaeology August 2021

Arboricultural Implications Report by SJA Trees Nov 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 01-09B/2021-22/WB/LAEPLA – Rev B dated 24/11/2021.

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 21537-041 dated Nov 2021 by SJA Trees.

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, and plan SJA TPP 21537-041 dated Nov 2021 (within that 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 on land to the north of the Bowling Green Road site 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

 

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.