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Agenda item

Application No. and Parish: 24/00491/FUL East Garston

Proposal:	Demolition of existing structurally compromised cottage and provision of a replacement cottage.
Location:	Greengates, Front Street, East Garston RG17 7HW
Applicant:	Whittonditch Farm Barnes Development Ltd
Recommendation:	To delegate to the Development Manager to grant planning permission subject to conditions listed.

Minutes:

1. The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 24/00491/FUL in respect of the demolition of the existing structurally compromised cottage and provision of a replacement cottage, with provision for access and related landscaping at Greengates, Front Street, East Garston.

2. Ms Cheyanne Kirby 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 acceptable in planning terms and recommended that the Development Manager be authorised to grant planning permission subject to the conditions outlined in the main and update reports.

3. In accordance with the Council’s Constitution, Deana Carpenter, Parish Council representative, Lindsey Mason, objector, Howard Porter, applicant/agent, and Councillor Hooker, Ward Member addressed the Committee on this application.

Parish/Town Council Representation

4. Ms Carpenter addressed the Committee, her full representation can be viewed here: https://www.youtube.com/watch?v=fAhQEXtlzgY

Member Questions to the Parish/Town Council

5. Members asked questions of clarification and were given the following responses:

· The setting back of the cottage would change the aesthetic of the village and its current position encouraged cars to slow down.

· Objectors would withdraw their concerns if the access route was in the same position as the temporary route.

Objector Representation

6. Ms Mason addressed the Committee, her full representation can be viewed here: https://youtu.be/fAhQEXtlzgY?t=1616

Member Questions to the Objector

7. Members asked questions of clarification and were given the following responses:

· Multiple windows would overlook Ms Mason’s property and infringe on her privacy.

· The conditions put on the kerb and the hedge would be difficult to enforce long term.

Applicant/Agent Representation

8. Mr Porter addressed the Committee, his full representation can be viewed here: https://youtu.be/fAhQEXtlzgY?t=2130

Member Questions to the Applicant/Agent

9. Members asked questions of clarification and were given the following responses:

· The appeal for the previous application was still in process.

· The existing access could be improved, and the existing wall needed to be protected, which was why the applicant opted for the left-hand access.

· Most tiles on the roof were not reusable.

Ward Member Representation

10.Councillor Hooker addressed the Committee, his full representation can be viewed here: https://youtu.be/fAhQEXtlzgY?t=2636

Member Questions to the Ward Member

11.Members asked questions of clarification and were given the following response:

· The new application added an additional 2.5 metres to the property, towards the access.

Member Questions to Officers

12.Members asked questions of clarification and were given the following responses:

· If the hedge was to be conditioned, enforcement notices could be actioned if it was overgrown and then West Berkshire Council (The Council) could cut it to an appropriate size.

· The public benefit of the application outweighed the potential low-level harm outlined by the Conservation Officer.

· Paragraph 6.13 of the report aimed to be a best possible case and the condition would allow the Council to control the type of bricks used.

· Highways were satisfied with the proposed access as it improved an existing access.

Debate

13.Councillor Hooker opened the debate by stating there was an appeal in process over the previous application and proposed there should be a deferral until the appeal had been considered. The Councillor explained that the deferral would be advantageous due to time pressures. The proposal found no seconder.

14.Councillor Tony Vickers argued that as time had already been spent considering the application it made no sense to defer the item and waste more time.

15.Mr Bob Dray cautioned Members against deferral as the Local Planning Authority had a duty to assess applications before them.

16.Councillor Vickers noted the impact on the street scene, privacy, and access issues. The Councillor acknowledged the applicant’s attempt to address the objector issues and expressed that some of the concerns were at odds with each other. Councillor Vickers stated that the privacy concerns did not weigh up against the improvements to the highway, which he saw as crucial to protect residents from harm.

17.Councillor Antony Amirtharaj agreed that the application was flawed, however argued that if the application was approved with strong conditions, such as on the box hedge, it would be a better application than one that might be won through appeal.

18.Councillor Howard Woollaston expressed that he was reluctant to approve the application, however after considering officers’ views on the sightlines he feared that it was the best possible outcome.

19.Councillor Denise Gaines was sad to see that the existing building had to be demolished and was keen to see every piece of reusable material on the site re-used. The Councillor explained that as she understood the reasons for the placement of the access, she was prepared to accept the proposal.

20.Mr Dray explained that condition nine could be amended to directly refer to condition six.

21.Councillor Woollaston proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report and the alteration to condition nine to reference condition six. This was seconded by Councillor Vickers.

22.Councillor Paul Dick argued that the change to the street scene was disappointing and the infringement on the neighbour’s privacy was not a minor issue to be ignored.

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

RESOLVED that the Development Manager be authorised to grant planning permission subject to the following conditions:

Conditions

1.	Commencement of development The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2.	Approved plans The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below: Construction Method Statement Dated February 2024 received 4^th April 2024; CMS Site Plan received 10^th April 2024; Location Plan 210343-01 received 11^th March 2024; Tree Survey, Arboricultural Impact Assessment and Tree Constraints Plan 22.1549 Rev A Dated February 2024 received 11^th March 2024; SuDS Statement 3908 Rev C dated June 2023 received 11^th March 2024; Verge and eave details 210343-12 received 11^th March 2024; Proposed Plans 210343-15 Rev C received 31^st May 2024. Reason: For the avoidance of doubt and in the interest of proper planning.
3.	Brickwork Existing bricks, which are to be removed as part of the proposal, shall be reused in the proposed works. Where the use of new/reclaimed bricks are required to be used where insufficient numbers of salvageable bricks are available, no development shall take place until a sample of the new/reclaimed brick has been submitted to and approved in writing by the Local Planning Authority. All materials incorporated in the work shall match the approved samples. Reason: To ensure that the materials are appropriate to the special architectural or historic interest of the building. This condition is imposed in accordance with the National Planning Policy Framework and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).
4.	Roof details No works shall take place to the roof until full details of the eaves, fascia, verges and ridge, at a minimum scale of 1:20, have 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 details. Reason: To protect the special architectural or historic interest of the building. This condition is imposed in accordance with the National Planning Policy Framework and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).
5.	Doors and windows No new external doors and windows shall be fitted until working drawings (scale 1:20, 1:10, 1:5, half or full size etc.) fully detailing the new / or replacement windows and/or external doors (cross sections for full glazing bars, sills, heads etc.) have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the approved specification and retained thereafter. Reason: To ensure that the proposed works can be affected without detriment to the special architectural and historic interest of the heritage assets and to ensure a satisfactory appearance to the development and to comply with the National PlanningPolicy Framework and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).
6.	Materials No above ground development shall take place until a schedule of all materials and finishes visible external to the building have been submitted to and approved in writing by the Local Planning Authority. Samples shall be made available to be viewed at the site or by arrangement with the Planning Officer. All materials incorporated in the work shall match the approved samples. Reason: To ensure that the materials are appropriate to the special architectural or historic interest of the building. This condition is imposed in accordance with the National Planning Policy Framework and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).
7.	Services No above ground development shall take place until details of services visible external to the building, to include, drainage pipework (including soil vent pipe terminations) and accessories, rainwater goods, boiler flues, extract vent grilles, meter cupboards, external lighting etc. have been submitted to and approved in writing by the Local Planning Authority. Thereafter the new or modified external services shall be installed in accordance with the approved details. Reason: To protect the special architectural or historic interest of the building. This condition is imposed in accordance with the National Planning Policy Framework and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).
8.	New Brickwork All new facing brickwork (including the main dwelling and the front boundary wall), including works of making good, shall match the existing brickwork in terms of bricks (size, colour and texture); mortar (mix, colour and texture); joint profile; and bond. Reason: To ensure that the materials are appropriate to the special architectural or historic interest of the building. This condition is imposed in accordance with the National Planning Policy Framework and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).
9.	Roof Tiles Existing roof tiles from the main roof, which are to be removed as part of the proposal, shall be reused in the proposed works. Where insufficient numbers of salvageable roof tiles are available, new handmade/reclaimed roof tiles to match the existing roof tiles shall be used. Reason: To ensure that the materials are appropriate to the special architectural or historic interest of the building. This condition is imposed in accordance with the National Planning Policy Framework and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).
10.	EVCP The dwelling shall not be occupied until details an of electric vehicle charging point has been submitted to and approved in writing by the Local Planning Authority. The dwelling shall not be occupied until an electric vehicle charging point has been provided in accordance with the approved drawings. The charging point shall thereafter be retained and kept available for the potential use of an electric vehicle. 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), Policy P1 of the Housing Site Allocation DPD and Policy TRANS1 of the West Berkshire District Local Plan1991-2006 (Saved Policies 2007).
11.	CMS The development shall be carried out in accordance with the approved Construction Method Statement and site set-up plan. Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety. This condition is imposed in accordance with the National Planning Policy Framework, Policies CS5 and CS13 of the West Berkshire Core Strategy (2006-2026), Policy TRANS 1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).
12.	Vis Splays The dwelling shall not be occupied until the visibility splays at the access have been provided in accordance with drawing number Proposed Plans 210343-15 Rev C received 31^st May 2024. The land within these visibility splays shall thereafter be kept free of all obstructions to visibility above a height of 0.6 metres above carriageway level at all times. Reason: In the interests of road safety. This condition is imposed in accordance with the National Planning Policy Framework and Policy CS13 of the West Berkshire Core Strategy (2006-2026)
13.	Parking The dwelling shall not be occupied until the vehicle parking and turning space have been surfaced and provided in accordance with the approved plan(s). The parking and turning space shall thereafter be kept available for parking 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 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).
14.	Temporary access The temporary vehicular access(es) at the site shall be stopped up on completion of works and be reinstated to the satisfaction of the Local Planning Authority. Reason: In the interest of road safety and highway maintenance. This condition is imposed in accordance with the National Planning Policy Framework and Policy CS13 of the West Berkshire Core Strategy (2006-2026).
15.	SUDS The development hereby permitted shall be undertaken in accordance with the SuDS Statement 3908 Rev C dated June 2023 received 11^th March 2024. The strategy and maintenance measures described in the statement shall be implemented in full before the development is brought into use. Thereafter the drainage measures shall thereafter be carried out and retained in accordance with the approved details. Reason: To ensure that surface water will be managed in a sustainable manner; 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).
16.	Bat Surveys and Mitigation Prior to the commencement of development (including site clearance), updated bat emergence/return to roost surveys shall be carried out and the results shall be submitted to and approved in writing by the Local Planning Authority. The number of emergence surveys required shall be dependent on an updated assessment of bat roosting potential based on evidence from updated external and internal inspections for potential roosting features. If bats are confirmed to be roosting, a bat mitigation strategy along with measures to enhance the sites for bats shall be submitted to and approved in writing by the Local Planning Authority. 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. A pre-commencement condition is required due to the original survey work needing to be repeated because the survey data being out of date before commencement of development and to confirm the continued absence of a protected species or to establish the status of a mobile protected species that might have moved, increased or decreased within the site.
17.	Construction Environmental Management Plan (biodiversity) No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following: a) Risk assessment of potentially damaging site clearance and construction activities; b) Identification of ‘biodiversity protection zones’; c) Practical measures (both physical measures and sensitive working practises) to avoid or reduce impacts to protected species during site clearance and construction (may be provided as a set of method statements); d) The location and timing of sensitive works to avoid harm to biodiversity features; e) The times during site clearance and 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 (Biodiversity) shall be adhered to and implemented throughout the site clearance and construction period in accordance with the approved details. Reason: To ensure that any adverse environmental impacts of development activities are avoided or suitably mitigated in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026. A pre-commencement condition is required because the CEMP will need to be adhered to throughout construction.
18.	Ecological Enhancements Prior to the completion of the development hereby approved, details of how the development will enhance biodiversity will be submitted to, and approved in writing by, the Local Planning Authority. These shall include the installation of bat and bird nesting boxes along with provision of generous native species planting where possible. The approved details will be implemented and thereafter retained. Reason: To minimise impacts on and provide net gains for biodiversity in accordance with the requirements of the NPPF and Policy CS17 of the West Berkshire Core Strategy (2006-2026).
19.	Lighting Design No external lighting shall be installed to the dwelling until a “lighting design strategy for biodiversity” has been submitted and approved in writing by the local planning authority. The strategy shall: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority. Reason: Bats are sensitive to light pollution. The introduction of artificial light might mean such species are disturbed and/or discouraged from using their breeding and resting places, established flyways or foraging areas. Such disturbance can constitute an offence under relevant wildlife legislation. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.
20.	Ecological Enhancements The dwelling shall not be occupied until details of biodiversity enhancement measures have been submitted to and approved in writing by the Local Planning Authority. Such measures shall include the installation of bat and bird nesting boxes along with provision of generous native species planting. Thereafter, the dwelling shall not be occupied until the measures have been installed/constructed in accordance with the approved detail. Reason: To ensure biodiversity enhancements are incorporated into the development. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.
21.	AIA, Tree Survey and Method Statement The Tree Survey, Arboricultural Impact Assessment and Tree Constraints Plan 22.1549 Rev A Dated February 2024 received 11^th March 2024 shall be implemented in full and tree protection measures and works carried out in accordance with the Assessment. No changes shall be made to the works unless amendments have been submitted to and approved in writing by the Local Planning Authority and shall include details of any changes to the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area. Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of the NPPF and Policies ADPP1, ADPP5, CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.
22.	Soft Landscaping The dwelling shall not be occupied until a detailed soft landscaping scheme 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 occupation of the new dwelling (whichever occurs first). 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: A comprehensive soft landscaping scheme is an essential element in the detailed design of the development, and is therefore necessary to ensure the development achieves a high standard of design. These details must be approved before the dwellings are occupied because insufficient information has been submitted with the application, and it is necessary to ensure that the scheme is of a high standard. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP5, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026), and Quality Design SPD.
23.	Hard Landscaping The dwelling shall not be occupied 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: A comprehensive hard landscaping scheme is an essential element in the detailed design of the development and is therefore necessary to ensure the development achieves a high standard of design. These details must be approved before the dwellings are occupied because insufficient information has been submitted with the application, and it is necessary to ensure that the scheme is of a high standard. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Quality Design SPD.
24.	Permitted development restriction (extensions) Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no extensions, alterations, buildings or other development which would otherwise be permitted by Schedule 2, Part 1, Classes A, AA, B and C of that Order shall be carried out, without planning permission being granted by the Local Planning Authority on an application made for that purpose. Reason: To prevent the overdevelopment of the site and in the interests of respecting the character and appearance of the surrounding 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), and Quality Design SPD (June 2006).
25.	Obscure glazing of windows The bathroom window at first floor level in the south-east elevation shall be fitted with obscure glass before the dwelling hereby permitted is occupied. The obscure glazing shall be permanently retained in that condition thereafter. Reason: To prevent overlooking of adjacent properties, in the interests of safeguarding the privacy of the neighbouring occupants. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026), Quality Design SPD (2006) and House Extensions SPG (July 2004).
26.	Permitted development restriction (windows/dormers) Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) which would otherwise be permitted by Schedule 2, Part 1, Classes A, B and/or C of that Order shall be constructed at first floor level on the south-east elevation of the dwelling hereby permitted, without planning permission being granted by the Local Planning Authority on an application made for that purpose. Reason: To prevent overlooking of adjacent properties, in the interests of safeguarding the privacy of the neighbouring occupants. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026), Quality Design SPD (2006) and House Extensions SPG (July 2004).

Supporting documents: