Agenda item

Proposal:	Construction of a detention basin with an area of 0.17 hectares and a 0.6m to 1.5m high earth bund to the west and south of the scheme. The crest of the bund will be set at 82.00m AOD and will accommodate a 10m wide spillway at a level of 81.70m AOD. Realignment of an existing ditch for 230m into the proposed basin and regrading 50m of existing ditch to the west of the site. The basin is set at a level of 80.30m AOD with a stilling basin set at 80.00m AOD. A 300mm diameter pipe will convey flows from the basin to the existing ditch to the west before outfalling to the existing Thames Water sewer to the south west. The provision of a 3.0m wide access track from Bath Road. Removal and deposition and levelling of soil on land north of Tull Way and Bowling Green Road.
Location:	Land at junction of Floral Way, Bath Road
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(4)), concerning Planning Application 21/03709/COMIND in respect of an application to build flood defences on the land at the junction of Floral Way, Thatcham.

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

In accordance with the Council’s Constitution, Mr Richard Asher (on behalf of J G Janaway & Son), objector, Mr Brian Woodham and Keith Hoddinott, supporters, and Mr Brian Cafferkey, agent, addressed the Committee on this application.

Objector Representation

Mr Richard Asher, representing the landowner of the site, made the following comments:

·         Mr Asher commented that whilst he recognised the need for flood prevention he did not feel that the design of the basin had been optimised, for example by including the Thames Water flood lagoon at the edge of Floral Way. Mr Asher suggested that no attempt had been made to contact Thames Water about this. Mr Asher stated that this could lead to more use of his client’s land than necessary.

·         Mr Asher suggested that the surroundings to the lagoon would attract dog walkers and that dogs could escape and encroach onto his client’s land scaring livestock and destroying wildlife.

·         Mr Asher requested that the Council redesign the flood defences, to take consideration of dog walkers, and defer the decision until a formal discussion with Thames Water had occurred over the site.

Member Questions for the Objector

Members did not have any questions.

Supporter Representation

Mr Brian Woodham raised the following points:

·         Mr Woodham commented that the lagoon to the west of the site was built for a separate reason to proposed flood defences, and to integrate two completely different engineering structures would compromise the safety of both. The application proposed was to protect Thatcham town from surface water run-off.

·         Mr Woodham suggested that to delay the application in order to consult with Thames Water would impact the development and might potentially result in missing out on vital funding.

Member Questions for the Supporter

Councillor Law queried the purpose of the existing Thames Water flood lagoon. Mr Woodham replied that the existing basin’s primary function was to deal with residential housing and sewage and not surface water runoff. Mr Woodham also noted that it had been in existence since 2007 and had no effect in protecting Thatcham from flooding.

Agent Representation

Mr Cafferkey addressed the committee with the following comments:

 

·         Mr Cafferkey explained that the Thames Water lagoon served an existing residential development and was designed for a 30 year event. The proposal under discussion was designed for a 100 year event and as a flood prevention scheme. Mr Cafferkey commented that residential schemes would never be integrated with a flood prevention scheme. Further it was clarified that the flood prevention scheme would cover the whole catchment area, whereas the Thames Water lagoon had been designed for one specific residential development.

Member Questions for the Agent

Councillor Mayes asked for confirmation that the new drainage on the eastern side of the tree line, flowed down into the blue basin at the bottom corner of the site and then migrated to the green basin.

Mr Cafferkey clarified that the water would be intercepted by the blue ditch on the east of the tree line to the basin, from there it would then flow out of basin, through the pipe which connected to the existing ditch, then into the Thames Water culvert. Consequently the outfall would be into the Thames Water sewer rather than the basin. Mr Cafferkey suggested that the culvert needed clearing.

Councillor Linden commented that Stuart Clark had agreed to have the culvert cleared.

Member Questions to Officers

Councillor Williamson queried Mr Asher’s assertion that consultation with Thames Water had not occurred when the agenda papers suggested that it had occurred. Ms Nutchey clarified that Thames Water had not been consulted from a planning perspective, however the applicant had made contact with Thames Water and other stakeholders as detailed in the agenda paragraph 6.5.

Councillor Macro queried whether members of the public would have access to the site, as the area would need to be enclosed if this was the case. Ms Nutchey commented there were no plans for a public right of way in the area but if the owner wanted to let someone onto the land it would be up to them; however, there was no evidence that this was going to change. 

Mr Gareth Dowding queried whether a visibility condition had been added to the planning application. Ms Nutchey commented that there was currently no visibility condition associated with the application. Mr Dowding commented that the road was a 40mph zone, which meant there was a requirement for good visibility, and consequently requested that a visibility condition be added to the application.

Councillor Mayes suggested that officers review the reports to ensure no duplication or errors, as there appeared to be a substantial amount of copying and pasting between the application documents. Ms Nutchey confirmed that the reports had been reviewed and checked and asked what the specific concerns were so they could be addressed. In response Councillor Mayes did not highlight any particular issues.

Councillor Law requested clarification in relation to the Local Plan, commenting that Seeds Croft Farm had already been highlighted as a potential site for residential development. Councillor Law queried how close the site was to the proposed development area.

Ms Nutchey clarified that the land referred to was a piece of land identified as North East Thatcham. It was suggested that the layout for that site was in its early stages, with nothing formally agreed.

Debate

Councillor Richard Somner proposed that comments relating to Thames Water were not relevant and proposed that with the additional inclusion of the visibility condition the Committee accept the officer’s recommendations.

Councillor Macro agreed with Councillor Somner but also proposed agreement to the additional condition as set out in the Updated Report document.

This was seconded by Councillor Williamson. 

Councillor Mayes commented that taking spoil from one site to the other could cause issues with the standards of the roads especially if it was wet during excavation. Ms Nutchey responded that there was a condition (Number 8), known as the Construction Method Statement, which required details to be submitted, prior to works about wheel washing facilities.

Councillor Pask commented that it was not guaranteed that soil would be taken to the Bowling Green sites, but would only be deposited there if needed.

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

RESOLVED that: authority be delegated to the Service Director of Development and Regulation to grant planning permission subject to the conditions 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 2005300-002F

Bund and Swale Construction Details sheet 1 of 2 2005300-018

Bund and Swale Construction Details sheet 2 of 2 2005300-019

Flood Alleviation Access Road Construction Details 2005300-017

Outflow Control Structure Details

Proposed Earthworks Cut and Fill Volumes 2005300-007

Access Road General Arrangement 2005300-015A

Existing Utilities Plan 2005300-005B

Constraints Plan 2005300-004B

Tree and Hedge Removal Plan 2005300-014

Landscape Proposals 01-9C/2021-22/WB/LAEPLA Rev.A

Site Wide General Arrangement 2005300-001D

Proposed Access Road Swept Path Analysis 20052300-021B

Fire Tender Swept Path Analysis 2005300-022A

Soil Spreading Strategy 2005290-200B

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

Design & Access Statement by Ardent, Nov 2021

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

Arboricultural Implications Report by SJA Trees, November 2021

Heritage Desk-Based Assessment by Cotswold Archaeology, September 2021

Flood Risk Assessment by Ardent, December 2021

Geotechnical Interpretative report by Geo-Environmental, Nov 2021

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 01-09C/2021-22/WB/LAEPLA – Rev A dated 25/11/2021.

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 21537-044 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 21537-044 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 the tree protection measures required prior to the deposition of any spoil on the land to the North of Bowling Green Road.

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.    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.

10. 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.

11.Visibility Splays

No development shall take place until visibility splays of 2.4 metres by 73 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).

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.