Agenda item

Proposal:	Conversion of existing farm building and replacement of existing to provide a ‘Wellness Centre’ (Use Class E(e) and E(d)).
Location:	Manns Farm, Nightingale Lane, Mortimer, Reading, RG7 3PS
Applicant:	LJ Strang & Partners
Recommendation:	Refuse planning permission.

 

(Councillor Geoff Mayes declared an interest in Agenda item 4(3) by virtue of the fact that he knew the applicants Mr and Mrs Strang as their Ward Member. As his interest was personal and not a prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 22/01080/FUL in respect of a proposal to convert an existing farm building and replace an existing farm building to provide a ‘Wellness Centre’ at Manns Farm, Nightingale Lane, Mortimer, Reading.

Ms Gemma Kirk, Senior Planning Officer, introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was unsatisfactory in planning terms and officers recommended that the Service Director Development and Regulation be authorised to refuse planning permission for the reasons listed in the main and update reports.

Mr Gareth Dowding, Principal Engineer (Traffic & Road Safety) commented that were permission granted to the application it would result in an increase of 90 cars per day which was felt to be excessive given the size of the road and the rural location of the proposed development.

In accordance with the Council’s Constitution, Councillor Danusia Morsley, Parish Council representative, Mrs Melanie Wheeler, supporter, Mr William Strang, Mrs Camilla Strang and Mr James Fraser, applicants and agent, addressed the Committee on this application.

Parish Council Representation

Councillor Danusia Morsley of Stratfield Mortimer Parish Council in addressing the Committee raised the following points:

·         Councillor Morsley noted that the Parish Council had initially supported the application with one minor reservation in relation to the lack of parking provision. This had since been rectified and the Parish Council now fully supported the proposal.

·         There were no known objections locally to the application and Councillor Morsley suggested that residents preferred to see the type of agricultural diversification proposed rather than industrial use.

·         Councillor Morsley commented that the application adhered to the Parish Council’s neighbourhood plan, and in particular policy C6.

·         Residents were keen to welcome the development and Councillor Morsley anticipated substantial local use, as the nearest alternative yoga class was five miles away.

·         Councillor Morsley commented that Manns Farm was the closest farm to the centre of the village, and consequently the best farm to offer a service which would benefit residents of the village.

·         It was suggested that the application suggested a good use of existing buildings and provided a well thought out development plan.

·         Residents of the village all strongly supported the application and Councillor Morsley urged Officer’s to review their decision and to support the application.  

Member Questions to the Parish Council

Members did not have any questions of clarification.

Supporter Representation

Mrs Melanie Wheeler in addressing the Committee raised the following points:

·         Mrs Wheeler commented that the application proposed use of an existing building, in a tranquil setting in the heart of the village, and that she fully supported the plans.

·         Mrs Wheeler suggested that the Wellness Centre would provide a sought after service that was not currently available to residents without commuting. 

·         It was suggested that the Wellness Centre would provide a mental wellbeing benefit to all ages of the village and help to connect people. Mrs Wheeler further commented that the benefit in getting people active was also important, particularly following the impact of the pandemic.

·         It was suggested that the proposal was environmentally beneficial as it would negate the need for villagers to travel for sport classes.

Member Questions to the Supporter

Members did not have any questions of clarification.

Applicant & Agent Representation

Mr William Strang, Mrs Camilla Strang and Mr James Fraser (Agent), in addressing the Committee raised the following points:

·         Mr Fraser reported that the site was only just over half a mile from the centre of Mortimer, with its regular bus service, and with close proximity of a local footpath to provide alternative access to the site.

·         In response to Mr Dowding’s concern that users would travel from further afield than the village, Mr Fraser argued that the population of Burghfield and Mortimer would be sufficient to support the proposed facility.

·         Mr Fraser commented that the proposed centre would be able to provide much needed wellness facilities to the surrounding area, and highlighted the beneficial aspect of allowing the application in the creation of jobs for local residents.

·         Mr Strang introduced himself as a third generation farmer, farming 175 hectares of mainly arable land. Mr Strang emphasised the importance for farmers to diversify, particularly as subsidy payments were withdrawn over the next four years.

·         Mr Strang noted that central government was encouraging diversification, and commented that he and his wife had managed to secure a substantial Leader grant for the application which was helping to make it financially possible.

·         Mr Strang commented that his wife would be responsible for the day-to-day running of the business, and suggested that practices offered by the centre would benefit local residents both in terms of physical and mental health.

·         Mr Strang suggested that it was strange to be failing at the first hurdle when there was such support for rural diversification from central government.

·         Mrs Strang reported that she was trained in reiki, yoga, hypno-birthing and hypnotherapy and was looking to offer wellness for the mind, body and soul for those that joined. 

Member Questions to the Applicants & Agent

Councillor Mackinnon queried whether ninety-three additional car movements a day was a reasonable expectation. Mrs Strang responded that the calculation was based on full capacity and that it was intended that there would never be more than fifteen people in the studio. 

Councillor Stewart queried the square footage of the current farm building in comparison to the proposed development. Mr Dray clarified that the gross internal floor space of the existing building was 173.3m^2, and that the proposed building would be 192.6m².

Councillor Mayes noted that there was no bus service on a Sunday and suggested that users would consequently need to use a bicycle or car. Councillor Mayes queried the distance from the bus stop and accessibility to the Wellness Centre on a Sunday. Mr Strang responded that he had anticipated that most users of the Wellness Centre would be walking from the village. Mr Fraser stated that the distance had been calculated from Ordnance Survey maps.

Ward Member Representation

Councillor Graham Bridgman in addressing the Committee raised the following points:

·         As the Portfolio Holder for Health and Wellbeing, Councillor Bridgman commented that he was keen on any development that would enhance the health and wellbeing of residents of West Berkshire. 

·         Noting the floor space of the proposed development Councillor Bridgman reflected that a permitted development area related to a space the size of 150m², for which there was no requirement to prove sustainability. 

·         Councillor Bridgman suggested that the key issue with the development related to sustainability. Councillor Bridgman referred to the amended reason for refusal which referred to policies ADDP1 and ADDP6, advising that only appropriate limited development would be allowed, and Policy CS10 of the Core Strategy which supported proposals to diversify the rural economy in suitable locations. Councillor Bridgman suggested that CS10 should be preferred of the sets of policies.

·         In relation to the assertion that the Wellness Centre would increase traffic in a remote, rural location, Councillor Bridgman suggested that the farm was not remote. Councillor Bridgman reported that Mortimer was a rural service centre with approximately four thousand residents, with neighbouring Burghfield a rural service centre of six thousand residents. As such, Councillor Bridgman suggested that both had the scope to provide the clientele for the site.

·         Councillor Bridgman estimated that the nearest bus stop was one kilometre away and that Mortimer railway station was just over two kilometres away, each of which were accessible by designated public footpath.

·         Councillor Bridgman reiterated Councillor Morsley’s assertion that the centre might reduce traffic, by residents not having to travel away from the village for health classes.

Member Questions to the Ward Member

Councillor Linden queried whether Councillor Bridgman felt that the weight of the policies was important and subjective.

Councillor Bridgman suggested that the evidence within the report was not substantiated as the site was not remote and was very well served by public rights of way within Mortimer.

Member Questions to Officers

Councillor Mackinnon referred to paragraph 5.8 of the report which referenced paragraph 85 of the National Planning Policy Framework and queried why the paragraph had not been referred to in full. Councillor Mackinnon suggested that there was a sentence missing from the end of the paragraph which could potentially provide an alternative interpretation. He asserted that the following sentence had not been included:- ‘The use of previously developed lands and sites physically well related to existing settlements should be encouraged where suitable opportunities exist’.

Mr Dray confirmed that Councillor Mackinnon had provided a correct reading of the full paragraph. 

Councillor Mackinnon queried how the figure of ninety-three vehicle movements a day had been calculated. Mr Dowding responded that standard calculations had been undertaken to work out the movements from a commercial business of the size proposed. Further, there had been some traffic figures supplied by the applicant which had been verified. Mr Dray added that when officers made such calculations, figures would be based on a worst case scenario.

Councillor Mackinnon commented that in the amended reason for refusal officers had quoted that the proposed application was contrary to Policy CS10, and he queried the reasoning for this assertion. Mr Dray clarified that it was due to the fact of the centre not being immediately adjacent to a rural service centre, but acknowledged that it was a judgement issue.

Mr Dray suggested that when deciding the application, Members should interpret the policies as a whole and judge accordingly. He explained that officers had reviewed the application in a worst case scenario and had determined that it was too remote, however if Members wished to approve the application and could prove their decision reasonable then that would be acceptable.

Debate

Councillor Mackinnon opened the debate by expressing satisfaction that determination of the application was down to Members’ judgement. Councillor Mackinnon suggested that there were three elements of sustainability; namely economic, social and environmental. Councillor Mackinnon noted that the report recognised the economic benefits to the applicants, but suggested that there were also benefits to independent practitioners renting use of the studios. Councillor Mackinnon further noted the social benefit of the Wellness Centre, which had again been recognised in the Officer’s report. Councillor Mackinnon commented that it was the suggested environmental detriment that he felt had wrongly been determined to outweigh the economic and social benefits.  

Councillor Mackinnon suggested that many rural businesses were originally farms that were all being told by central government to diversify. Councillor Mackinnon suggested that very few were as close to a rural service centre as Manns Farm and suggested that the weighting awarded to environmental sustainability was disproportionate.

Councillor Mackinnon suggested that even if the forecast ninety-three extra vehicles a day were to occur, this would only equate approximately to an extra vehicle using the lane every ten minutes. Councillor Mackinnon concluded that the economic and social benefits of the scheme outweighed any negative environmental impact, that the proposal would comply with policies and consequently that he would support the application, and reject the Officer’s recommendation.

Councillor Linden concurred with Councillor Mackinnon’s comments and suggested that the proposed application was important for health and wellbeing, and community cohesion. 

Councillor Somner did not feel that it was a straightforward decision. Councillor Somner referred to the estimated studio capacity of twenty-four people and suggested it was a fairly large number. Councillor Somner commented that he liked the application and what it was aiming to achieve, however had reservations relating to the access road. Councillor Somner urged Members to be careful when reaching their decisions.

Councillor Mayes commented that he supported Councillor Mackinnon’s comments and proposed approval of the application, contrary to Officer’s advice.

Councillor Mayes acknowledged that Nightingale Lane was particularly narrow, however estimated that most users of the centre would be travelling from the western end of the lane and so would cause minimal impact.

Councillor Stewart, as mental health champion and Portfolio Holder for Adult Social Care commended the application on the basis of the benefits that it could provide local residents. Councillor Stewart was interested to hear the Parish Council view of support and whilst acknowledging that she was wary to go against Officer’s advice commented that further to the debate that had taken place was erring towards supporting the proposal to approve the application.

Mr Dray summed up the debate noting that Members had concluded that the social and economic benefits of the application outweighed the accessibility stipulations.

Mr Dray requested delegation for officers to apply conditions subject to the approval. 

Mr Dowding requested that standard highway conditions be added to the application, including a Construction Method Statement.

The Chairman invited Members of the Committee to vote on the proposal by Councillor Geoff Mayes, seconded by Councillor Jo Stewart 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 begin not later than three years from the date of this decision.

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 following approved plans:

Drawing PL-04 (Existing Location and Site Plan) received on 04.05.2022;

Drawing PL-05 A (Proposed Block Plan) received on 19.08.2022;

Drawing PL-06 (Proposed Floor Plan) received on 04.05.2022;

Drawing PL-07 (Proposed Elevations) received on 04.05.2022.

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

3.  Materials (as specified)

The materials to be used in the development hereby permitted shall be as specified on the plans, the application form and the Design, Access and Planning Statement (BCM, April 2022, 10041). Where stated that materials shall match the existing, those materials shall match those on the existing development in colour, size and texture.

Reason: To ensure that the external materials respect the character and appearance of the area. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), Stratfield Mortimer Neighbourhood Development Plan (2017), Policy ENV.16 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), Supplementary Planning Document Quality Design (June 2006) and Stratfield Mortimer Village Design Statement (2007).

 

4.  Biodiversity protection during construction

Construction works shall not be carried out except in accordance with the mitigation measures in 5.3.2 (Badger), 5.3.3 (Nesting Birds) and 5.3.4 (NERC Act Species of Principal Importance/Local BAP Species) in the Preliminary Ecological Appraisal and Preliminary Roost Assessment (Enims, EC1917, April 2022) received on 04.05.2022.

Reason: To ensure the protection of protected species during construction works. Mitigation measures will ensure Badgers are not trapped and harmed on site and also to ensure that badgers do not cause problems for future site operation. Badgers are protected under the Protection of Badgers Act 1992. The condition also ensures that breeding birds are protected from harm during construction. All British birds, their nests and eggs (with certain limited exceptions) are protected by Section 1 of the Wildlife and Countryside Act 1981, as amended. This condition is applied in accordance with the National Planning Policy Framework, Policy CS17 of the West Berkshire Core Strategy 2006-2026 and Stratfield Mortimer Neighbourhood Development Plan (2017), Policy ENV.16 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

5.  Pre-commencement: Construction method statement

No development shall take place until a Construction Method Statement (CMS) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the demolition and construction works shall incorporate and be undertaken in accordance with the approved CMS. The CMS shall include measures for:

(a) A site set-up plan during the works;

(b) Parking of vehicles of site operatives and visitors;

(c) Loading and unloading of plant and materials;

(d) Storage of plant and materials used in constructing the development;

(e) A scheme for recycling/disposing of waste resulting from demolition and construction works;

(f) Hours of construction and demolition work;

(g) An emergency plan providing policies and procedures for the preparedness and response to an incident at AWE Aldermaston/Burghfield during demolition and construction work.

Reason: To safeguard the amenity of adjoining land uses and occupiers, in the interests of highway safety and in order to ensure the protection of any construction staff should there be a radiation emergency at AWE. This condition is applied in accordance with the National Planning Policy Framework, Policies CS8, CS13 and CS14 of the West Berkshire Core Strategy 2006-2026, and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007). A pre-commencement condition is required because the CMS must be adhered to during all demolition and construction operations. Agreed: 10.10.2022.

 

6.  Pre-commencement: Emergency planning (outline)

No change of use/ construction/ development, shall take place until an outline Emergency Plan for wellbeing centre has been submitted to and approved in writing by the Local Planning Authority. In order to provide assurance that an effective plan will be put in place, normally this means that only the final contact details and names are not completed. The Emergency Plan must cover the processes for:

·         activation of the plan,

·         sheltering,

·         supporting the vulnerable residents, staff and visitors whilst in sheltering

·         conditions,

·         evacuation, and

·         recovery

Thereafter the approved Emergency Plan (or any approved revision) shall be implemented in full for the duration of the development/use.

Reason: In order to ensure that the change of use will not have an impact on the AWE Off-Site Emergency Plan and therefore place the people on the site and the response at risk should there be a radiation emergency at AWE. This is in accordance with the National Planning Policy Framework and Policy CS8 of the West Berkshire Core Strategy (2006-2026). A pre-commencement condition to provide the assurances that the use can operate from the site without impacting upon the AWE Off-Site Emergency Plan. Agreed: 10.10.2022.

7.  Bat mitigation measures

No further licensable works shall take place until a protected species method statement has been submitted and approved in writing. This shall include details on how construction works will take place without harming bat species and how bat roosts will be reinstated into the new roof. Thereafter construction works shall be carried out in accordance with the approved details.

Reason: To ensure the adequate safeguarding of protected bat species in accordance with the National Planning Policy Framework, Policy CS17 of the West Berkshire Core Strategy 2006-2026, Stratfield Mortimer Neighbourhood Development Plan (2017) and Policy ENV.16 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

8.  Energy statement

Prior to the construction of the replacement building and extension hereby approved an energy statement shall be submitted and approved in writing by the local planning authority. This shall include details on how the development seeks to both mitigate and adapt to climate change. The development shall hereby be carried out in accordance with the approved details.

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

 

9.     Drainage strategy

Prior to the construction of the replacement building and extension hereby approved details of a drainage strategy shall be submitted and confirmed in writing by the Local Planning Authority. The development shall be carried out and maintained in accordance with these details thereafter.

Reason: To ensure surface water will be managed in a sustainable manner. This condition is applied in accordance with the National Planning Policy Framework and Policy CS16 of the Core Strategy.

10.  Biodiversity enhancements/measures

The use hereby permitted shall not commence until the following biodiversity measures have been installed/constructed: two bat roosting features, an appropriate roof liner and six bird boxes (including one owl box) these will need to be integrated into the structure or extensions. This will be in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure biodiversity enhancements are incorporated into the development. This condition is applied in accordance with the National Planning Policy Framework, Policy CS17 of the West Berkshire Core Strategy 2006-2026, Stratfield Mortimer Neighbourhood Development Plan (2017) and Policy ENV.16 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

11.  Hard landscaping

The use hereby permitted shall not commence until the hard landscaping of the site has been completed in accordance with a hard landscaping scheme that has first been submitted to and approved in writing by the Local Planning Authority. The hard landscaping scheme shall include details of any boundary treatments (e.g. walls, fences) and hard surfaced areas (e.g. driveways, paths, patios, decking) to be provided as part of the development.

Reason: Landscaping is an integral element of achieving high quality design. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006- 2026), Stratfield Mortimer Neighbourhood Development Plan (2017), Policy ENV.16 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and the Quality Design SPD.

12.Soft landscaping

The use hereby permitted shall not commence until a detailed soft landscaping scheme has been completed in accordance with a soft landscaping scheme that has first been submitted to and approved in writing by the Local Planning Authority. The soft landscaping scheme shall include detailed plans, planting and retention schedule, programme of works, and any other supporting information. Any trees, shrubs, plants or hedges planted in accordance with the approved scheme which are removed, die, or become diseased or become seriously damaged within five years of completion of this completion of the approved soft landscaping scheme shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved.

 

Reason: Landscaping is an integral element of achieving high quality design. Soft landscaping is important to the protection of biodiversity and protected species at the site. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026), Stratfield Mortimer Neighbourhood Development Plan (2017), Policy ENV.16 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and the Quality Design SPD.

13.Vehicle parking

The use hereby permitted shall not commence until vehicle parking for the Wellness Centre (including any surfacing arrangements and marking out) have been completed in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority. Thereafter the parking shall be kept available for parking (of private cars and/or private 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 applied in accordance with the National Planning Policy Framework and Policy CS13 of the West Berkshire Core Strategy 2006-2026.

14.  Electric vehicle charging point

The use shall not commence until an electric vehicle charging point has been provided in accordance with details that have first been submitted and approved in writing by the local planning authority. The charging point shall thereafter be retained and kept available for the potential use of an electric car.

Reason: To promote the use of electric vehicles. This condition is imposed in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

15.  Cycle parking

The use shall not commence until the cycle parking has been provided 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, 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).

16.  Visibility splays

The Wellness Centre hereby approved shall not be first occupied until visibility splays of 2.4 metres x 35.0 metres have been provided in both directions in accordance with Appendix 3 of Highway Technical Note by Nick Culhane (Drawing NJC-001) received on 04.05.2022. Thereafter the visibility splays shall be kept free of all obstructions to visibility above a height of 0.6 metres above carriageway level at all times.

 

Reason: To ensure there is adequate visibility at the access, in the interests of highway safety. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS13 of the West Berkshire Core Strategy 2006- 2026.

17.Emergency planning (detailed)

No occupation of the Wellbeing Centre, shall take place until a comprehensive Emergency Plan has been submitted to and approved in writing by the Local Planning Authority.

Upon occupation the approved measures within the Emergency Plans shall be implemented in full, shall be kept up-to-date by unit operator and management/owners. Thereafter, the plan should be reviewed and amended as necessary and at least annually. The Local Planning Authority may at any time require the amendment of the plan by giving notice pursuant to this condition. The Local Planning Authority may at any time require a copy of the then current Emergency Plan for the site which shall be submitted to the Local Planning Authority within 1 month of notice being given.

Reason: In order to ensure that the wellbeing centre has integrated emergency plans that will not have an impact on the AWE Off-Site Emergency Plan and will mitigate the risk to those people on the site. This is in accordance with the National Planning Policy Framework and Policy CS8 of the West Berkshire Core Strategy (2006-2026).

18.External lighting

No external lighting shall be installed within the application site until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include a plan to show the location of any lighting, isolux contour diagram(s), an operation strategy (e.g. details of timed operation), the direction in which lighting is facing to prevent disturbance to protected species and specifications all lighting. No external lighting shall be installed at the application site except in accordance with the above strategy.

Reason: To protect the rural character of the area and to ensure the conservation and enhancement of the biodiversity assets on the site. This condition is applied in accordance with the National Planning Policy Framework, Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026, Stratfield Mortimer Neighbourhood Development Plan (2017) and Policy ENV.16 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

19.Time limit on development before further surveys are required

If the refurbishment works to the timber cart shed and demolition of the steel framed barn hereby approved does not commence (or, having commenced, is suspended for more than 12 months) within 12 months for bat species and 3 years for the other species (included within the Preliminary Ecological Appraisal and Preliminary Roost Assessment (Enims, EC1917, April 2022)) from the date of the planning permission, the approved ecological measures secured through Condition 4, 7 and 10 shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to (i) establish if there have been any changes in the presence and/or abundance of protected species and (ii) identify any likely new ecological impacts that might arise from any changes.

Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development of the refurbishment works to the timber cart shed and demolition of the steel framed barn Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.

IMPORTANT: If any protected species are identified in the new surveys that were not previously known to be on site, and are likely to be harmed by the development, then a protected species licence might be required before works can commence. Advice should be sought from Natural England and/or a suitably qualified ecologist.

Reason: To ensure the conservation and enhancement of protected species identified at the site or which commute and forage in the locality. This condition is applied in accordance with the National Planning Policy Framework, Policy CS17 of the West Berkshire Core Strategy 2006-2026, Stratfield Mortimer Neighbourhood Development Plan (2017), Policy ENV.16 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and statutory obligations for protected species.

 

20.  Customer opening hours

The Wellness Centre hereby permitted shall not be open to customers outside of the following hours:

Mondays to Fridays: 07:00 to 21:00

Saturdays: 08:00 to 18:00

Sundays and public holidays: 10:00 to 16:00

Reason: To safeguard the living conditions of surrounding occupiers. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026), Stratfield Mortimer Neighbourhood Development Plan (2017) and Policy ENV.16 and OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

21.  Permitted uses within Class E

The development shall be used for Use Class E(d) and E(e) only and for no other purpose, including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). This restriction shall apply notwithstanding any provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

 

Reason: The application site is located within a rural location in which another use may not be appropriate including other uses within Use Class E in terms of a sustainable location and impact on highway safety. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP1, ADPP6, CS10, CS11 and CS13 of the West Berkshire Core Strategy (2006-2026), the Local Transport Plan for West Berkshire (2011-2026) and the NPPF.

Informatives

Proactive statement

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 worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

Pre-commencement conditions

Conditions nos. 5 and 6 impose requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful.

Damage to footways, cycleways and verges

The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

Damage to the carriageway

The attention of the applicant is drawn to the Highways Act 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

European Protected Species Licence

The applicants are reminded that a European Protected Species Licence may be required for some works proposed to be undertaken as part of this planning permission. It is recommended to seek advice from Natural England before works commence. If a licence is required this is required to be issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorising the specified activity/development to go ahead before works commence.

Great Crested Newt mitigation pond(s)

The Council's Ecologist advises that the land owner/applicant may wish to consider giving over some of their land for the creation of GCN mitigation pond(s), if so please to speak with ourselves and the LPAs managing agents for the GCN District licence (NatureSpace). There is some remuneration for managing and giving land over to this purpose.

Conversion

This notice grants planning permission for the conversion of the existing timber cart shed to Wellbeing Centre. It does not grant planning permission for the demolition (in full or in part) and rebuilding of the building, except where expressly shown on the approved plans. Any material deviation from the approved plans could render the development liable to enforcement action. Such redevelopments or rebuilds are subject to more restrictive planning policies, and so planning permission may not be granted for an alternative scheme. You are therefore strongly advised to ensure conversion works are in accordance with the approved details, and to seek professional planning advice if any issues arise when carrying out conversion works.