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Agenda item

Application No. and Parish: 20/01336/OUTMAJ, Institute for Animal Health, High Street, Compton

Proposal:	Hybrid application: 1) Outline planning permission (all matters reserved with the exception of access), for development comprising of up to 160 residential units (Class C3), the provision of landscaping, construction of access and street lighting, car and cycle parking, other associated infrastructure, sustainable drainage systems, engineering works and mitigation measures including the construction of internal roads. The proposal includes at least 1.75 hectares of employment land (Class B1) associated with the retention of the Intervet building and a playing field (Class D2) associated with the retention of the existing Cricket Pitch. 2) Full planning permission for the demolition of existing buildings, structures and hardstanding along with preparatory works including earthworks, remediation, utility works and associated mitigation measures. The change of use of land including the creation of public open space and wildlife area.
Location:	Institute for Animal Health, High Street, Compton
Applicant:	Homes England
Recommendation:	Officers seek confirmation from Committee that the application can proceed in accordance with the previous resolution of Western Area Planning Committee with the following updated conditions.

Minutes:

Councillor Carolyne Culver declared an interest in Agenda Item 4(1), by virtue of the fact that the site was within her ward. As her interest was a personal or an other registrable interest, but not a disclosable pecuniary interest, she determined to remain to take part in the debate and vote on the matter.

Councillor Carolyne Culver declared that she had been lobbied on Agenda Item 4(1).

1. The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 20/01336/OUTMAJ in respect of Institute for Animal Health, High Street, Compton.

2. Ms Lydia Mather 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 comments on the ownership certificates did not raise any land ownership matters and all other matters were unchanged, had been outlined previously, and had been considered when Western Area Planning Committee had reached its resolution on 23 February 2022. Therefore, officers recommended that the Committee confirm that the application could proceed in accordance with the previous resolution subject to the completion of the Section 106 agreement, and the updated conditions outlined in the main and update reports.

3. In accordance with the Council’s Constitution, Mr Mike Harris, applicant, addressed the Committee on this application.

Applicant Representation

4. Mr Mike Harris, Homes England, in addressing the Committee raised the following points:

· Mr Harris noted that the revision was due to unregistered land which had come up during the Section 106 process.

· Mr Harris noted that the Section 106 agreement was progressing well and had been signed by Homes England. The points raised at the previous Committee meeting had been addressed, and Homes England was cooperating well with officers regarding the conditions.

Member Questions to the Applicant

5. Members did not have any questions of clarification.

Ward Member Representation

6. Councillor Carolyne Culver in addressing the Committee raised the following points:

· Councillor Culver noted that she was pleased that the Section 106 agreement had been signed and was with the Council.

· Councillor Culver expressed disappointment as Ward Member that the local GP surgery had not previously taken the opportunity to respond to the consultation. Councillor Culver noted that residents were very much concerned about the increased pressure on the facility.

Member Questions to the Ward Member

7. Members did not have any questions of clarification.

Member Questions to Officers

8. Councillor Tony Vickers noted that he could not see any clear changes in the diagrams, and asked what changes had been made. Ms Mather responded that the diagrams were the same, but that the main issue was the ownership certificates, which had been clarified and the correct notices had been served.

9. Councillor Adrian Abbs concurred with Councillor Vickers. Mr Dray added that this area of land had come up during the Section 106 process, and was a technicality within the legislation presented largely as an informative.

10. Councillor Culver asked when the Section 106 agreements would be available for the Parish Councillors to look at. Ms Mather and Ms Sharon Armour responded that they were close to completion and could be released as early as the next day.

Debate

11. Councillor Adrian Abbs proposed to accept Officer’s recommendation and allow the application to proceed in accordance with the resolution of the Western Area Planning Committee of 23 February 2022, subject to the completion of the Section 106 and the updated conditions listed in the main report and update report. This was seconded by Councillor James Cole.

12. The Chairman invited Members of the Committee to vote on the proposal by Councillor Abbs, seconded by Councillor Cole to allow the application to proceed in accordance with the resolution of the Western Area Planning Committee of 23 February 2022, subject to the completion of the Section 106 and the updated conditions listed in the main report and update report. At the vote the motion was carried unanimously.

RESOLVED that the application be permitted to proceed in accordance with the resolution of the Western Area Planning Committee of 23 February 2022, subject to the following conditions:

Conditions

Commencement of development – (full permission)

The development for which full planning permission is hereby granted (being the demolition of existing buildings, structures and hardstanding along with preparatory works including earthworks, remediation, utility works and associated mitigation measures. The change of use of land including the creation of public open space and wildlife area) shall be begun before the expiration of three years from the date of this permission. This relates to the land shown on parameters plan: green infrastructure 102G, except that shown as built development as set out in condition 2.

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).

Phasing plan (full permission - demolition)

The demolition hereby permitted shall be carried out in accordance with the approved phasing demolition plan 105B unless otherwise agreed in writing by the Local Planning Authority.

Reason: To facilitate the phasing of the development in the interests of timely infrastructure delivery, phased CIL payments, self-build delivery and project delivery. This condition is applied in accordance with the National Planning Policy Framework, and Policies CS5 and CS13 of the West Berkshire Core Strategy 2006-2026.

Phasing plan (outline)

A phasing plan shall be submitted to the local planning authority for approval

before or alongside the first application for reserved matters approval. The

phasing plan shall identify all phases of development by which the development

for which outline planning permission is hereby granted shall be undertaken. No development for which outline planning permission is hereby granted shall take place until the phasing plan has been approved by the local planning authority. Thereafter the development shall be carried out in accordance with the approved phasing plan unless otherwise agreed in writing by the local planning authority.

Approval of reserved matters

Details of the appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) for each phase of development for which outline planning permission is hereby granted shall be submitted to and approved in writing by the Local Planning Authority before any development in that phase takes place. The development shall be carried out in accordance with the approved details.

Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

Time limit for reserved matters

Applications for approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission.

Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

Commencement of development (phased outline)

The commencement of each phase of development for which outline planning permission is hereby granted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved for that phase.

Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

Approved plans

The development hereby permitted and the reserved matters shall be carried out in accordance with the approved plans and documents listed below:

Location Plan 008B

Parameter Plan: Land Use 101D

Parameter Plan: Movement 103D

Parameter Plan: Green Infrastructure 102F

Bat house design 113

Churn Road Intervet HVG access SK002A

Churn Road Intervet car park access SK003A

With the exception of the visibility splay proposed access arrangements SK001

Demolition plan 105B

The following documents shall inform the reserved matters:

The Former Pirbright Institute Compton Environmental Statement, Appendices and Addendums

Outline Construction Resource Management Plan

Outline Operational Waste and Recycling Management Strategy

Transport Assessment ref 60544578

Framework Residential Travel Plan

Revised Flood Risk Assessment

Drainage Technical Note

Hydrology Review October 2021

Non Real Time Hydraulic Model Review October 2021

Biodiveristy Net Gain Calculation

Amended Arboricultural Impact Assessment Report Revision 003

Reason: For the avoidance of doubt and in the interest of proper planning. Outline planning permission is granted solely on the basis of the parameters within these approved details.

Access construction before occupation

Unless otherwise agreed in writing with the local planning authority, no building within a phase shall be first occupied until the vehicular, cycle and pedestrian accesses (together with all associated engineering operations) have been provided and completed in accordance with the approved access plans SK002A and SK003A, and for the proposed access arrangements off the High Street the details including sight lines which have been submitted to and approved in writing by the local planning authority. The final phase shall not be occupied until all vehicular, cycle and pedestrian accesses (together with all associated engineering operations) have been provided and completed.

Reason: In the interest of highway safety. This condition is imposed in accordance with the National Planning Policy Framework and Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026). Access arrangements for construction fall within the remit of the Construction Method Statement.

Layout and Design Standards

No development for which outline permission is hereby granted shall commence until drawings and details illustrating how the Local Planning Authority and Highway Authority's standards in respect of road and footpath design, vehicle parking and turning provision will be met, have been submitted to and approved in writing by the Local Planning Authority. That submitted information shall include details of engineering work specifications; the methodology for the monitoring, and the staged evidencing of, the provision of the necessary works to an adoptable standard. This condition shall apply notwithstanding any indications to these matters which have been given in the current application. No building within a phase shall be first occupied until the road and footpath design, vehicle parking and turning has been provided in accordance with the approved details for that phase.

No works to provide roads, footpaths or cyclepaths, vehicle parking and turning for which full planning permission is hereby granted shall commence until drawings and details illustrating how the Local Planning Authority and Highway Authority's standards in respect of road and footpath design, vehicle parking and turning provision will be met, have been submitted to and approved in writing by the Local Planning Authority. That submitted information shall include details of engineering work specifications; the methodology for the monitoring, and the staged evidencing of, the provision of the necessary works to an adoptable standard. This condition shall apply notwithstanding any indications to these matters which have been given in the current application. The full planning permission shall not be brought into use until the roads, footpaths or cyclepaths, vehicle parking and turning have been provided in accordance with the approved details.

Reason: In the interest of future maintenance, road safety and flow of traffic and to ensure waste collection. This condition is imposed in accordance with the National Planning Policy Framework 2021, 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).

10.

Set back of gates

Any gates to be provided at the vehicle accesses, shall open away from any adjoining highway and be set back a distance of at least 5 metres from the edge of the highway. No part of the development shall be brought into use until the gates have been provided.

Reason: In the interest of road safety and to ensure that vehicles can be driven off the highway before the gates are opened. This condition is imposed in accordance with the National Planning Policy Framework and Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026).

11.

Gradient of private drives

The detailed layout of the site shall ensure the gradient of private drives does not exceed 1 in 12 to enable them to be occupied by all users including those with mobility impairments.

Reason: To ensure that adequate access to parking spaces and garages is provided. This condition is imposed in accordance with the National Planning Policy Framework and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

12.

Parking

No phase of the development hereby granted outline planning permission shall take place until details of vehicle parking and turning spaces for that phase have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until vehicle parking and turning spaces for that dwelling have been completed in accordance with the approved plans (including any surfacing arrangements and marking out). Thereafter the parking and turning spaces shall be kept available for parking and manoeuvring (of private cars and/or private light goods vehicles) at all times.

No building within the development hereby granted full planning permission shall be brought into use until the parking and turning spaces have been completed in accordance with details (including any surfacing arrangements and marking out) which have first been submitted to and approved in writing by the Local Planning Authority of vehicle parking and turning spaces for that phase have been submitted to and approved in writing by the Local Planning Authority. Thereafter the parking and turning spaces shall be kept available for parking and manoeuvring (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, Policy CS13 of the West Berkshire Core Strategy 2006-2026, and Policy P1 of the Housing Site Allocations DPD 2006-2026. A pre-commencement condition is necessary because the parking arrangements will need to be determined before any construction to ensure it can be accommodated within the space available.

13.

Dwelling height

The detailed scale and appearance of the dwellings shall ensure no more than 5% of dwellings are 2.5 storeys in height, at least 5% of dwellings are single storey in height, and the remainder of dwellings shall be no greater than 2 storeys in height unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the detailed design of the housing development hereby approved responds to the local character and setting in the North Wessex Downs Area of Outstanding Natural Beauty. The illustrative masterplan has been assessed on the basis of all dwellings being 2 storey. This condition is applied in accordance with the National Planning Policy Framework, Policy ADPP1, ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026, and policy HSA23 of the Housing Site Allocations DPD 2006-2026.

14.

Design Code

With the exception of demolition and contamination remediation no phase of the development hereby granted outline planning permission, or works associated with the full permission shall commence until a design code has been submitted to an approved in writing by the Local Planning Authority for that phase of the development. The design code shall include addressing the following matters:

· Avoid over dominance of car parking at the front of dwellings in particular onto the green street;

· Avoid long stretches of rear boundary fences/walls in particular fronting public open spaces;

· Provide attractive facades where housing fronts the cricket pitch and conservation area;

· Avoid locating LEAP and LAPS that involve crossing primary internal roads to reach them, and avoid being located in areas with no natural overlooking from dwellings;

· Avoid strategic tree planting within the private gardens;

· Public open spaces, particularly within the areas to be developed, to be based around the trees to be retained;

· Be developed in consultation with the local community;

· Use the Building for a Healthy Life assessment framework;

· Identify opportunities to draw its energy supply from decentralised, renewable or low carbon energy supply systems.

Reason: To ensure the detailed design of the development responds to the character of the site and surrounding area in the AONB, and takes account of the natural constraints on site. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP5, CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026, and policy HSA23 of the Housing Site Allocations DPD 2006-2026.

15.

Tree Protection

No phase of the development hereby granted outline planning permission, and no demolition, access construction, or ground works associated with the full permission, shall take place (including all preparatory work) until protective fencing and measures have been provided for the protection of the retained trees in accordance with the Arboricultural Assessment 60544578_DOC_005 for that phase of the development. The approved tree protection measures shall be implemented in full and maintained for the duration of the development works. Within the fenced areas there shall be no excavations, storage of materials or machinery, parking of vehicles or fires.

Reason: To ensure the trees to be retained will not be damaged during the development and to protect and enhance the appearance and character of the site and locality, in accordance with the National Planning Policy Framework and Policies ADPP1, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

16.

Archaeological supervision

No phase of the development hereby granted outline planning permission, demolition, or ground works associated with the full permission, shall take place until the applicant has secured the implementation of a programme of archaeological work (phased as appropriate) in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved statement for each phase and for the full permission part of the development.

Reason: To ensure that any significant archaeological remains that are found are adequately recorded. This condition is applied in accordance with the National Planning Policy Framework and policy CS19 of the West Berkshire Core Strategy 2006-2026. A pre-commencement condition is necessary because insufficient detailed information accompanies the application; archaeological deposits require investigation and supervision before and during the development works and so it is necessary to approve these details before any development takes place.

17.

Building recording

No development including demolition shall commence until the applicant has secured the implementation of a programme of building recording (phased as appropriate) in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved statement for each phase and full permission part of the development.

Reason: To ensure that an adequate record is made of this site of historical interest. This condition is applied in accordance with the National Planning Policy Framework and policy CS19 of the West Berkshire Core Strategy 2006-2026. A pre-commencement condition is necessary because insufficient detailed information accompanies the application; archaeological deposits require investigation and supervision before and during the development works and so it is necessary to approve these details before any development takes place.

18.

Contaminated land (investigation and remediation)

No phase of the development* hereby granted outline planning permission, demolition, or ground works associated with the full permission, shall take place until a scheme to deal with contamination including water quality at the site has been submitted to and approved in writing by the Local Planning Authority. The above scheme shall take account of the suggested mitigation in the Environment statement and:

(a) Include an investigation and risk assessment. A report of the findings shall: identify the nature and extent of any contamination on the site (irrespective of its origin); include an assessment of the potential risks to human health, property, and the environment; and include an appraisal of remedial options, and proposal of preferred option(s).

(b) Include a remediation scheme* which ensures that, after remediation, as a minimum, the land (including water) shall not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.

(c) Include a monitoring and maintenance scheme* to ensure the long-term effectiveness of the proposed remediation, and the provision of reports on the same that shall be submitted to and approved in writing by the LPA.

(d) Be prepared by a competent person (a person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation), and conducted in accordance with current best practice.

(e) Include an evacuation plan.

Thereafter, any approved remediation scheme and/or monitoring and maintenance measures for a phase or full permission part of the development shall be carried out in accordance with the approved details for that phase or full permission part of the development. Two weeks written notice shall be given to the LPA prior to the commencement of any remediation scheme.

If any previously unidentified land contamination is found during the carrying out of the development, it shall be reported immediately in writing to the LPA. Appropriate investigation and risk assessment shall be undertaken, and any necessary remediation measures shall be submitted and approved in writing by the LPA. Thereafter, any remediation measures shall be carried out in accordance with the approved details.

The development shall not be occupied* until all approved remediation measures have been completed and a verification report to demonstrate the effectiveness of the remediation has been submitted to and approved in writing by the LPA.

(* Unless otherwise agreed in writing by the LPA)

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is applied in accordance with the National Planning Policy Framework, and Policy OVS.5 of the West Berkshire District Local Plan (Saved Policies 2007).

A pre-commencement condition is required because insufficient detailed information accompanies the application; land contamination mitigation measures may require work to be undertaken prior to and throughout the development works and so it is necessary to approve these details before any development takes place.

19.

Construction method statement

No phase of the development hereby granted outline planning permission shall commence until a Construction Method Statement (CMS) (phased as appropriate) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction works shall be undertaken in accordance with the approved CMS.

No demolition or ground works associated with the full permission shall commence until a Construction Method Statement (CMS) (phased as appropriate) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the demolition and ground works shall incorporate and be undertaken in accordance with the approved CMS.

The CMS shall take account of the suggested mitigation in the Environmental Statement and include measures for:

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

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

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

(e) Erection and maintenance of security hoarding including any decorative displays and/or facilities for public viewing;

(f) Temporary access arrangements to the site, and any temporary hard-standing;

(g) Wheel washing facilities;

(h) Measures to control dust, dirt, noise, vibrations, odours, surface water run-off, and pests/vermin during construction;

(i) The proposed method of piling for foundations (if any);

(j) A scheme for recycling/disposing of waste resulting from construction works;

(k) Hours of construction and demolition work;

(l) Hours of deliveries and preferred haulage routes including to avoid school hours for HGVs;

(m) Ensuring public rights of way are kept open and unobstructed throughout the development

(n) Lighting of areas and construction compounds

Reason: To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety. This condition is applied in accordance with the National Planning Policy Framework, Policies CS13, CS14, CS17 and CS18 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.

20.

Construction Environmental Management Plan (Biodiversity)

No phase of the development hereby granted outline planning permission, shall commence (including vegetation clearance) until a Construction Environmental Management Plan (CEMP) (phased as appropriate) has been submitted to and approved in writing by the local planning authority. The approved CEMP shall be adhered to and implemented throughout the outline permission development works strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

No demolition or ground works associated with the full permission shall commence (including vegetation clearance) until a Construction Environmental Management Plan (CEMP) (phased as appropriate) has been submitted to and approved in writing by the local planning authority. The approved CEMP shall be adhered to and implemented throughout the full permission development works strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

The CEMP shall take account of the suggested mitigation in the Environmental Statement and include the following:

(a) Risk assessment of potentially damaging construction activities.

(b) Identification of “biodiversity protection zones”.

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 including protected species.

(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 development works or phase thereof strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure biodiversity is protected during the development works. This condition is required in order to meet the policy objectives of the National Planning Policy Framework and West Berkshire Core Strategy 2006-2026 Policy CS17.

A pre-commencement condition is required because insufficient detailed information accompanies the application; environmental measures will be required prior to and during the development works and so it is necessary to approve these details before any development takes place.

21.

Ecological Mitigation and Enhancement Plan

No phase of the development hereby granted outline planning permission, shall commence until an Ecological Mitigation and Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority. With the exception of ongoing measures after construction no phase shall be brought into use or occupied until the mitigation and enhancement measures have been provided in accordance with the approved details for that phase.

No demolition or works associated with the full permission shall take place until an Ecological Mitigation and Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority. With the exception of ongoing measures after construction no part of the full permission development shall be brought into use, until the mitigation measures have been provided in accordance with the approved details.

The plan shall take account of the suggested mitigation in the Environment Statement and include adequate details of the following:

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

(b) Aims and objectives of management.

(d) Prescriptions for management actions.

(e) Preparation of a costed schedule for securing biodiversity enhancements in perpetuity.

(f) Ongoing compliance reports, monitoring and remedial measures.

(g) How the habitat enhancements will be managed long term to ensure a net gain legacy.

(h) Measures to build biodiversity into the design of the new dwellings, providing details of location and design of features, e.g. bird and bat boxes integrated into buildings, bat lofts, fence holes for hedgehogs, access points for badgers, ponds for amphibians, banks for bees.

(i) Description of how the developer expects to ensure no impact on protected species on site during construction and through scheme design.

(j) Sensitive Lighting Strategy during construction and once the site is in operation (to minimise adverse impacts on bat species present).

(k) A biodiversity net gain calculation demonstrating at least 10% net gain.

Proposed enhancements should be based on the recommendations of the ecological reports submitted in support of this application.

Reason: To ensure biodiversity is enhanced and maintained. This condition is required in order to meet the policy objectives of the National Planning Policy Framework and West Berkshire Core Strategy 2006-2026 Policy CS17, and to ensure compliance with the statutory requirements of relevant protected species legislation and the NERC Act 2006. A pre-commencement condition is required because insufficient detailed information accompanies the application; ecological mitigation will be required prior to, during and subsequent to the development works and so it is necessary to approve these details before any development takes place.

22.

Submission of a copy of the EPS licence

No demolition works shall in any circumstances commence unless the Local Planning Authority has been provided with either:

(a) A licence 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; or

(b) A statement in writing from Natural England to the effect that it does not consider that the specified activity/development will require a licence.

Reason: To ensure the adequate safeguarding of protected species in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026. This “strict protection” condition helps to ensure that a developer will apply for an EPS licence and, if they do not, can be prevented in advance from undertaking the activities that might jeopardize the protected species, before the species is harmed. The use of planning conditions for this purpose has been established through case law and is also recommended in government.

23.

24.

Flood risk - finished floor levels and ground levels

The development shall be carried out in accordance with the submitted flood risk assessment (ref 5th August 2021/60544578 R001/AECOM) and the following mitigation measures it details:

1. Finished floor levels shall be set no lower than 101.6 metres above Ordnance Datum (AOD)

2. There shall be no raising of existing ground levels on the site

These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

Reasons

1. To reduce the risk of flooding to the proposed development and future occupants.

2. To prevent the increased risk of flooding due to impedance of flood flows and reduction of flood storage capacity.

This condition is applied in accordance with policy CS16 of the West Berkshire Core Strategy 2006-2026 and the National Planning Policy Framework.

No infiltration drainage

No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the local planning authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details.

Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants or flood risk to people and property. This condition is applied in accordance with paragraph 174 of the National Planning Policy Framework and policy CS16 of the West Berkshire Core Strategy 2006-2026.

25.

Sustainable drainage

No phase of the development hereby granted full planning permission shall commence until details of sustainable drainage measures to manage surface water have been submitted to and approved in writing by the Local Planning Authority (phased as appropriate). Unless otherwise agreed in writing by the Local Planning Authority, a phase shall not be occupied until all approved remediation measures for that phase have been completed and a verification report carried out by a qualified drainage engineer has been submitted to and approved in writing by the LPA. This Report shall include plans and details of all key drainage elements (surface water drainage network, attenuation devices/areas, flow restriction devices and outfalls) and details of any management company managing the SuDS measures thereafter.

No ground works associated with the full permission shall commence until details of sustainable drainage measures to manage surface water have been submitted to and approved in writing by the Local Planning Authority (phased as appropriate). Unless otherwise agreed in writing by the Local Planning Authority, the full permission shall not be brought into use until all approved remediation measures for the full permission part of the development have been completed and a verification report carried out by a qualified drainage engineer has been submitted to and approved in writing by the LPA. This Report shall include plans and details of all key drainage elements (surface water drainage network, attenuation devices/areas, flow restriction devices and outfalls) and details of any management company managing the SuDS measures thereafter.

These details shall take into account the suggested mitigation in the Environmental Statement and:

a) Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with the Non-Statutory Technical Standards for SuDS (March 2015), the SuDS Manual C753 (2015) and the WBC SuDS Supplementary Planning Document December 2018 with particular emphasis on Green SuDS and water re-use;

b) If required include a Flood Risk Assessment (FRA) for developments located in areas at risk of flooding (in Flood Zone 2 and 3 or from surface water) or developments larger than 1 hectare;

c) Include flood water exceedance routes (low flow, overflow and exceedance routes), both on and off site;

d) Include full information of catchments and flows discharging into and across the site and how these flows will be managed and routed through the development and, where the flows exit the site, both pre-development and post-development information shall be provided;

e) Demonstrate that proposed finished floor levels are set in accordance with Environment Agency requirements;

f) Include attenuation measures to retain rainfall run-off within the site and allow discharge from the site to an existing watercourse at no greater than 1 in 1 year Greenfield run-off rates;

g) Include and be informed by a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels. Soakage testing shall be undertaken in accordance with BRE365 methodology;

h) Include run-off calculations based on current rainfall data models, discharge rates (based on 1 in 1 year greenfield run-off rates), and if infiltration measures are proposed the infiltration and storage capacity calculations for the proposed SuDS measures based on a 1 in 100 year storm +40% for climate change;

i) Include with any design calculations an allowance for an additional 10% increase of paved areas (Urban Creep) over the lifetime of the development;

j) Include construction drawings, cross-sections and specifications of all proposed SuDS measures within the site;

k) Include pre-treatment methods to prevent any pollution or silt entering SuDS features or causing any contamination to the soil, groundwater, watercourse or drain;

l) Ensure permeable paved areas are designed and constructed in accordance with manufacturers guidelines if using a proprietary porous paved block system; otherwise ensure any permeable areas are constructed on a permeable sub-base material, such as MoT/DoT Type 3;

m) Show that attenuation storage measures have a 300mm freeboard above maximum design water level. Surface conveyance features shall have a 150mm freeboard above maximum design water level;

n) Include written confirmation from Thames Water of their acceptance of the discharge from the site into any surface water sewer and confirmation that the sewer network has the capacity to take this flow;

o) Include a management and maintenance plan showing how the SuDS measures will be maintained and managed after completion for the lifetime of the development. This plan shall incorporate arrangements for adoption by the Council, Water and Sewage Undertaker, Maintenance or Management Company (private company or Trust) or individual property owners, or any other arrangements, including maintenance responsibilities resting with individual property owners, to secure the operation of the sustainable drainage scheme throughout its lifetime. These details shall be provided as part of a handover pack for subsequent purchasers and owners of the property/premises;

p) Include a Contamination Risk Assessment for the soil and water environment (assessing the risk of contamination to groundwater, develop any control requirements and a remediation strategy);

q) Include measures with reference to Environmental issues which protect or enhance the ground water quality and provide new habitats where possible;

r) Include details of how surface water will be managed and contained within the site during construction works to prevent silt migration and pollution of watercourses, highway drainage and land either on or adjacent to the site;

s) Include an Application for an Ordinary Watercourse Consent in case of surface water discharge into a watercourse (i.e stream, ditch etc).

Thereafter the development shall incorporate and be undertaken in accordance with the approved measures for each phase.

Unless otherwise agreed in writing by the Local Planning Authority, the development shall not be occupied until all approved remediation measures have been completed and a verification report a verification report carried out by a qualified drainage engineer has been submitted to and approved in writing by the LPA. This Report shall include plans and details of all key drainage elements (surface water drainage network, attenuation devices/areas, flow restriction devices and outfalls) and details of any management company managing the SuDS measures thereafter.

Reason: To ensure that surface water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can be, and is carried out in an appropriate and efficient manner. This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), Part 4 of Supplementary Planning Document Quality Design (June 2006) and SuDS Supplementary Planning Document (Dec 2018). A pre-commencement condition is necessary because insufficient detailed information accompanies the application; sustainable drainage measures may require work to be undertaken throughout the development works and so it is necessary to approve these details before any development takes place.

26.

Ground levels and finished floor levels

No phase of the development hereby granted full planning permission shall commence until details of existing and proposed ground levels, and finished floor levels of the dwellings (phased as appropriate), have been submitted to and approved in writing by the Local Planning Authority. Thereafter no dwelling shall be occupied within a phase until the ground and floor levels have been provided in accordance with the approved details for that phase.

No ground works associated with the full permission shall commence until details of existing and proposed ground levels and finished floor levels where relevant (phased as appropriate) have been submitted to and approved in writing by the Local Planning Authority. Thereafter the parkland shall not be brought into use until the ground levels have been provided in accordance with the approved details.

Reason: To ensure a satisfactory relationship between the proposed development and the adjacent land. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD (June 2006). A pre-commencement condition is necessary because insufficient detailed information accompanies the application; ground levels will be an early development operation and so it is necessary to approve these details before any development takes place.

27.

Spoil

No phase of the development hereby granted outline planning permission shall commence until details of how all spoil arising from that phase of the development will be used and/or disposed have been submitted to and approved in writing by the Local Planning Authority (phased as appropriate). All spoil arising from a phase of the development shall be used and/or disposed of in accordance with the approved details for that phase.

No ground works associated with the full permission shall commence until details of how all spoil arising will be used and/or disposed of have been submitted to and approved in writing by the Local Planning Authority (phased as appropriate). All spoil arising from the full permission shall be used and/or disposed of in accordance with the approved details.

These details shall:

(a) Show where any spoil to remain on the site will be deposited;

(b) Show the resultant ground levels for spoil deposited on the site (compared to existing ground levels);

(d) Include timescales for the depositing/removal of spoil.

Reason: To ensure appropriate disposal of spoil from the development and to ensure that ground levels are not raised in order to protect the character and amenity of the area. This condition is applied in accordance with the National Planning Policy Framework, and Policies CS14 and CS19 of the West Berkshire Core Strategy 2006-2026. A pre-commencement condition is required because insufficient information accompanies the application and spoil may arise throughout the development works and so it is necessary to approve these details before any development takes place.

28.

Piling

No piling shall take place unless and until a piling method statement (phased as appropriate) (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface water infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water. Thereafter any piling shall be undertaken in accordance with the terms of the approved piling method statement for that phase.

Reason: The proposed works will be in close proximity to underground water utility infrastructure. Piling has the potential to impact on local underground water utility infrastructure. This condition is applied in accordance with the National Planning Policy Framework.

Information: Please read the Thames Water guide ‘working near our assets’ to ensure your workings will be in line with the necessary processes you need to follow if you’re considering working above or near our pipes or other structures. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes. Should you require further information please contact Thames Water - Email:developer.services@thameswater.co.uk

29.

Works in proximity to water main

No construction shall take place within 5m of the water main. No phase of the development hereby granted outline planning permission, or ground works associated with the full permission shall take place until information detailing how the developer intends to divert the asset / align the development, so as to prevent the potential for damage to subsurface potable water infrastructure, has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water. Any construction must be undertaken in accordance with the terms of the approved information. Unrestricted access must be available at all times for the maintenance and repair of the asset during and after the construction works.

Reason: The proposed works will be in close proximity to underground strategic water main, utility infrastructure. The works has the potential to impact on local underground water utility infrastructure. This condition is applied in accordance with the National Planning Policy Framework. A pre-commencement condition is required to ensure damage does not occur during the construction phase.

Information: Please read Thames Water’s guide ‘working near our assets’ to ensure your workings will be in line with the necessary processes you need to follow if you’re considering working above or near our pipes or other structures. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes Should you require further information please contact Thames Water. Email: developer.services@thameswater.co.uk

30.

Foul water network upgrades

No dwelling shall be occupied until confirmation has been provided that all foul water network upgrades required to accommodate the additional flows from the development have been completed.

Reason: Network reinforcement works are likely to be required to accommodate the proposed development. Any reinforcement works identified will be necessary in order to avoid sewage flooding and/or potential pollution incidents. This condition is applied in accordance with the National Planning Policy Framework.

31.

Water network upgrades

1. No dwelling shall be occupied until confirmation has been provided that all water network upgrades required to accommodate the additional flows to serve the development have been completed.

Reason: The development may low / no water pressures and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development. Any necessary reinforcement works will be necessary in order to avoid low / no water pressure issues. This condition is applied in accordance with the National Planning Policy Framework.

32.

Public footpaths

No phase of the development for which outline planning permission is hereby granted shall commence until details of the public footpaths for that phase have been submitted to and approved in writing by the Local Planning Authority.

No ground works associated with the full permission hereby granted shall commence until details of the public footpaths for the full permission part of the development have been submitted to and approved in writing by the Local Planning Authority.

The details shall include:

(a) Alignment including width;

(b) Surfacing materials/treatment;

(d) Pedestrian safety measures if the footpaths are crossed by roads;

(e) Any tree works necessary in proximity to footpaths to ensure public safety;

(f) Signage for rights of way users/vehicle drivers;

(g) Any means of enclosure;

(h) A timetable for the implementation of all footpath infrastructure in conjunction with the phasing of development.

The public footpaths shall be provided in accordance with the approved details and timetable, and completed prior to the first occupation of the final dwelling.

Reason: To protect and enhance public rights of way and green infrastructure. This condition is applied in accordance with the National Planning Policy Framework, policies CS14 and CS18 of the West Berkshire Core Strategy 2006-2026. A pre-commencement condition is necessary because insufficient detailed information accompanies the application so it is necessary to approve these details before any development takes place.

33.

Zero Carbon Strategy (addition)

No phase of the development hereby granted outline planning permission shall commence until a strategy on the measures to be provided and calculations demonstrating that the residential development shall achieve zero carbon (phased as appropriate) in line with policy CS15 of the West Berkshire Core Strategy 2006-2026 has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the measures for that dwelling have been provided in accordance with the approved strategy.

Reason: To ensure the development provides a carbon reduction in accordance with the National Planning Policy Framework, and policy CS15 of the West Berkshire District Core Strategy 2006-2026. A pre-commencement condition is necessary because insufficient detailed information accompanies the application so it is necessary to approve these details before any development takes place.

34.

Intervet noise assessment and mitigation

No dwelling shall be first occupied until mitigation measures to protect its occupants from externally generated noise have been provided in accordance with a scheme of works that has first been submitted to and approved in writing by the Local Planning Authority. The scheme of works shall be informed by an appropriately detailed investigation to address the noise impacts from the commercial use (Intervet) on site.

Reason: To protect future occupiers of the development from excessive noise levels from the commercial use on site, to ensure a good standard of amenity. The approval of this information is required before occupation because insufficient information has been submitted with the application. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026), Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), and Quality Design SPD.

35.

Hard landscaping of public open space/wildlife habitat areas

A detailed scheme of hard landscaping for the open space and wildlife habitat areas shall be 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), hard surfaced areas (e.g. paths, decking) and any other hard landscaping features to be provided as part of the development. Unless otherwise agreed in writing by the Local Planning Authority, the change of use to parkland shall not take place until the hard landscaping of the site has been completed in accordance with the approved details or in accordance with an agreed schedule of phasing.

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), and the Quality Design SPD.

36.

Soft landscaping of open space/wildlife habitat areas

The change of use to open space and wildlife habitat areas shall not take place until a detailed soft landscaping scheme for the parkland has 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. All soft landscaping works shall be completed in accordance with the approved soft landscaping scheme within the first planting season following completion of building operations / first use as open space and wildlife habitat (whichever occurs first) or in accordance with an agreed schedule of phasing. 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 the approved soft landscaping scheme or the timescale agreed as part of the Environmental Enhancement & Management Plan shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved.

37.

Landscape management plan (for the open space and wildlife habitat)

The change of use to open space and wildlife habitat shall not take place until a landscape management plan for the parkland including long term design objectives, management responsibilities and maintenance schedules for a minimum period of 5 years or the timescale agreed as part of the Environmental Enhancement & Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include any areas of existing landscaping including woodlands and also include any areas of proposed landscaping. Thereafter the development shall be managed in accordance with the approved details.

Reason: To ensure the long term management of existing and proposed landscaping in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

38.

Public open space infrastructure

The change of use to public open space and wildlife habitat areas shall not take place until benches, signage, children play equipment and any means of enclosure have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure there is adequate public parkland infrastructure for users in the interest of amenity. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026).

39.

Lighting strategy (AONB/Ecology)

No external lighting within a phase shall be installed until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority.

No external lighting within the area of the full permission shall be installed until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority.

The strategy shall:

(a) Identify those areas on the site that are particularly sensitive for bats and that are likely to cause disturbance.

(b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species.

(d) Ensure all lighting levels are designed within the limitations of Environmental Lighting Zone 1, as described by the Institute of Lighting Engineers.

No external lighting shall be installed on site except in accordance with the approved strategy.

Reason: To ensure the conservation and enhancement of the biodiversity assets of the site and to conserve the dark night skies of the North Wessex Downs AONB. This condition is applied in accordance with the National Planning Policy Framework, the North Wessex Downs AONB Management Plan 2019-24, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.

40.

Travel Plan

No dwelling shall be occupied until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be implemented with the first occupation of the residential development hereby permitted. Written notice of first occupation shall be given to the Local Planning Authority within one week of such occupation. The Travel Plan shall be reviewed (and updated if necessary) within 6 months of first implementation. After that the Travel Plan shall be annually reviewed and updated and all reasonable practicable steps made to achieve the agreed targets and measures within the timescales set out in the plan and any subsequent revisions.

Reason: To ensure the development reduces reliance on private motor vehicles and provides the appropriate level of vehicle parking. This condition is imposed in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), Policy TRANS1 of the West Berkshire District Local Plan (Saved Policies 2007), Supplementary Planning Document Quality Design (June 2006).

41.

Refuse Storage (prior approval)

No dwelling shall be first occupied until storage area(s) for refuse and recycling receptacles (and collection areas if necessary) for that dwelling has been provided for that dwelling in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that there is adequate refuse and recycling storage facilities within the site, to ensure safe and adequate collection in the interests of highway safety and local amenity. This condition is applied in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and the West Berkshire Quality Design SPD (Part 1, Section 2.13).

42.

Cycle storage (prior approval)

No dwelling shall be first occupied until cycle parking/storage facilities for that dwelling have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. Thereafter the facilities shall be maintained and kept available for that purpose at all times.

Reason: To ensure the provision of cycle parking/storage facilities in order to encourage the use of cycles and reduce reliance on private motor vehicles. This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy 2006-2026, Policy P1 of the Housing Site Allocations DPD 2006-2026, Quality Design SPD, and the Council’s Cycle and Motorcycle Advice and Standards for New Development (November 2014).

43.

Electric vehicle charging points (prior approval)

No dwelling shall be first occupied until an electric vehicle charging point has been provided for that dwelling in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. Thereafter, the charging point shall be maintained, and kept available and operational for electric vehicles at all times.

Reason: To secure the provision of charging points to encourage the use of electric vehicles. This condition is applied in accordance with the National Planning Policy Framework, Policy CS13 of the West Berkshire Core Strategy 2006-2026, and Policy P1 of the Housing Site Allocations DPD 2006-2026.

44.

Emergency water supplies

No dwelling shall be occupied until either:

(a) Private fire hydrant(s), or other suitable emergency water supplies, have been provided in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority; or

(b) Royal Berkshire Fire and Rescue Service confirm that such provision is not required (for example, because a public mains water supply for the development provides sufficient supply) and confirmation of the same has been given in writing by the Local Planning Authority pursuant to this condition.

Reason: At present there are no available public mains in this area to provide suitable water supply in order to effectively fight a fire. Suitable private fire hydrant(s), or other suitable emergency water supplies, are therefore required to meeting Royal Berkshire Fire and Rescue Service requirements, in the interests of public safety. The approval of this information is required before development commences because insufficient information accompanies the outline application and it will affect the servicing of the development. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS5 of the West Berkshire Core Strategy 2006-2026.

45.

Use of community building

The community buildings shown as the retained buildings on the demolition plan 105C hereby permitted shall be used under Use Class E, Use Class F1, or Use Class F2 and for no other purpose under 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: As part of a wider residential development the building is to provide for the community and not as offices or an industrial process – those uses are directed by the Development Plan Policies to employment areas. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP1, CS9, CS11 and CS14 of the West Berkshire Core Strategy (2006-2026), and Policies OVS.5, OVS.6 of the West Berkshire District Local Plan (Saved Policies 2007).

46.

Operating hours (use/activity – community building)

The use of the community building hereby permitted shall not take place outside of the following hours:

Mondays to Fridays: 07:00 to 22:00

Saturdays: 07:00 to 23:00

Sundays and public holidays: 09:00 to 18:00

Unless otherwise agreed in writing by the Local Planning Authority.

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) and Policy OVS.6 of the West Berkshire District Local Plan (Saved Policies 2007).

47.

Music (community building)

No amplified or other music shall be played on the premises of the community building outside of the following hours:

Mondays to Fridays: 08:00 to 22:00

Saturdays: 08:00 to 23:00

Sundays and public holidays: 09:00 to 18:00

Supporting documents: