Agenda item

Proposal:	Application for Approval of Reserved Matters following Outline Approval 14/03109/OUTMAJ - Section 73: To vary condition 32: No more than 250 dwellings shall be completed prior to the completion and opening to traffic of a new bridge, to 421 dwellings. Of approved reference 09/00971/OUTMAJ for redevelopment of Newbury Racecourse to provide new and enhanced leisure, racing, administrative and visitors facilities; new hotel and hostel; replacement children's nursery; permanent retention of the Mill Reef Stand; replacement maintenance buildings, yard and workshops; replacement golf club house and apartment, floodlit driving range and remodelling of golf course; up to 1,500 dwellings
Location:	Newbury Racecourse, Racecourse Road, Newbury
Applicant:	David Wilson Homes (Southern)
Recommendation:	To delegate to the Development Manager to grant planning permission subject to the conditions listed in section 8.

 

1.    The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 23/01100/RESMAJ in respect of the application for approval of Reserved Matters following Outline Approval 14/03109/OUTMAJ - Section 73: To vary condition 32: No more than 250 dwellings shall be completed prior to the completion and opening to traffic of a new bridge, to 421 dwellings. Of approved reference 09/00971/OUTMAJ for redevelopment of Newbury Racecourse to provide new and enhanced leisure, racing, administrative and visitors facilities; new hotel and hostel; replacement children's nursery; permanent retention of the Mill Reef Stand; replacement maintenance buildings, yard and workshops; replacement golf club house and apartment, floodlit driving range and remodelling of golf course; up to 1,500 dwellings at Newbury Racecourse, Racecourse Road, Newbury.

2.    Mr Jake Brown 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 officers recommended that 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, Suzanne Hyde, objector, Georgina Mortimer, applicant/agent, and Councillor Phil Barnett, Ward Member addressed the Committee on this application.

Objector Representation

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

Member Questions to the Objector

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

·         If there was to be a space provided for community events the objector would like to see a public club house or exercise space.

Applicant/Agent Representation

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

Member Questions to the Applicant/Agent

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

·         The number of spaces for the car club were calculated in partnership with Enterprise.

·         There was no community centre proposed within the Section 106 Agreement.

·         One block would be social rented, one block would be shared ownership and one block was to be shared private ownership and shared ownership.

·         Changes to the plans were made due to the need to reduce the carbon footprint, the implementation of new regulations and the increased cost of concrete.

·         Heating would be supplied by gas boilers combined with photovoltaic (PV) panels.

·         Some dwellings would come with disabled parking; however the applicant was unsure whether visitor parking would.

Ward Member Representation

8.    Councillor Barnett addressed the Committee, his full representation can be viewed here: https://youtu.be/fAhQEXtlzgY?t=12166

Members Questions to Ward Member

57.Members did not have any questions of clarification.

Continuation of meeting

58.In accordance with the Council’s Constitution, Part 3, point 10.8, the Committee supported the Chairman’s motion that the remaining business could be concluded by 10.30pm, and therefore continued with Agenda Item 4(3).

Member Questions to Officers

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

·         The application was assessed against current policy, however the application was a reserved matters application, so some aspects had been dealt with in the outline matters stage.

·         Community facilities needed to be implemented in the section 106.

·         There were two play areas available that had already been developed and this was seen as sufficient.

·         Blocks B, C and part of B2 were made up of affordable housing.

·         Management companies had difficulties managing mixed tenure blocks.

Debate

60.Councillor Dick proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report. This was seconded by Councillor Woollaston.

61.The Chairman invited Members of the Committee to vote on the proposal by Councillor Dick, seconded by Councillor Woollaston, 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.         Link between reserved matters and outline

 

This approval relates solely to the reserved matters referred to in condition 1 of the outline planning permission granted on 5 February 2015 under application reference 14/03109/OUTMAJ.  Nothing contained in this proposal or this notice shall be deemed to affect or vary the conditions applied to that outline planning permission.

 

Reason:   For the clarity and the avoidance of doubt.  The reserved matters cannot be considered separately from the permission to which they relate, and the conditions applied on that outline permission are still applicable.

 

2.         Approved plans

 

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

 

- Site Layout Plan (with the exception of soft landscaping), drawing number SL.01 Rev B received on 2 May 2024.

- Parking Strategy Layout Plan, drawing number PSL.01 Rev B received on 2 May 2024.

- Location Plan, drawing number LP.01 Rev A received on 5 March 2024.

- Affordable Housing Layout Plan, drawing number AGHL.01 Rev A received on 5 March 2024.

- Dwelling Material Layout Plan, drawing number DML.01 Rev A received on 5 March 2024.

- Refuse Site Layout Plan, drawing number RSL.01 Rev A received on 5 March 2024.

- Flat Block – A1 Elevations Plan, drawing number FB-A1.e Rev A received on 5 March 2024.

- Flat Block – A1 Proposed Floor Plan, drawing number FB-A1.p Rev A received on 5 March 2024.

- Flat Block – A1 Roof Plan, drawing number FB-A1.rp Rev A received on 5 March 2024.

- Flat Block – A2 Elevations Plan, drawing number FB-A2.e Rev A received on 5 March 2024.

- Flat Block – A2 Proposed Floor Plan, drawing number FB-A2.p Rev A received on 5 March 2024.

- Flat Block – A2 Roof Plan, drawing number FB-A2.rp Rev A received on 5 March 2024.

- Flat Block – B1 Elevations Plan, drawing number FB-B1.e Rev A received on 5 March 2024.

- Flat Block – B1 Proposed Floor Plans – Sheet 1, drawing number FB-B1.p1 Rev A received on 5 March 2024.

- Flat Block – B1 Proposed Floor Plans – Sheet 2, drawing number FB-B1.p2 Rev A received on 5 March 2024.

- Flat Block – B1 Roof Plan, drawing number FB-B2.rp Rev A received on 5 March 2024.

- Flat Block – B2 Elevations Plan, drawing number FB-B2.e Rev A received on 5 March 2024.

- Flat Block – B2 Proposed Floor Plans – Sheet 1, drawing number FB-B2.p1 Rev A received on 5 March 2024.

- Flat Block – B2 Proposed Floor Plans – Sheet 2, drawing number FB-B2.p2 Rev A received on 5 March 2024.

- Flat Block – B2 Roof Plan, drawing number FB-B2.rp Rev A received on 5 March 2024.

- Flat Block – C Elevations Plan, drawing number FB-C.e Rev A received on 5 March 2024.

- Flat Block – C Proposed Floor Plans, drawing number FB-C.p Rev A received on 5 March 2024.

- Flat Block – C Roof Plan, drawing number FB-C.rp Rev A received on 5 March 2024.

- Flat Block – D Elevations Plan, drawing number FB-D.e Rev A received on 5 March 2024.

- Flat Block – D Proposed Floor Plans, drawing number FB-D.p Rev A received on 5 March 2024.

- Flat Block – D Roof Plan, drawing number FB-D.rp Rev A received on 5 March 2024.

- Flat Block - D - Cycle Store Floor Plans and Elevations, drawing number FB-D_CS.pe Rev A received on 5 March 2024.

- Flat Block – G Elevations (Sheet 1 of 2) Plan, drawing number FB-G.e1 Rev A received on 5 March 2024.

- Flat Block – G Elevations (Sheet 2 of 2) Plan, drawing number FB-G.e2 Rev A received on 5 March 2024.

- Flat Block – G Proposed Floor Plans, drawing number FB-G.p Rev A received on 5 March 2024.

- Flat Block – G Roof Plan, drawing number FB-G.rp Rev A received on 5 March 2024.

 

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

 

3.         Cycle Storage/Parking

 

No dwelling within each apartment block shall be first occupied until cycle parking/storage facilities for that apartment block have been provided in accordance with the approved drawings.  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).

4.         Vehicle Parking

 

No dwelling within each apartment block shall be first occupied until the vehicle parking (including visitor and unallocated parking spaces) and turning spaces have been surfaced, marked out and provided for each apartment block in accordance with the Parking Strategy Layout Plan, drawing number PSL.01 Rev B received on 2 May 2024.  The car club parking space shall be surfaced, marked out and provided in accordance with the Parking Strategy Layout Plan, drawing number PSL.01 Rev B received on 2 May 2024 prior to the first occupation of apartment block D. The parking and turning spaces shall thereafter be kept available for parking of 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 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).

 

5.         Protection from external noise

 

No dwelling shall be first occupied until external noise mitigation measures have been provided in accordance with the Planning Noise Assessment produced by Noise Solutions Ltd dated 7 February 2024 and received on 5 March 2024.

 

The noise mitigation measures shall be retained and maintained thereafter.

 

Reason:   To protect future residents from noise from the railway and other

external noise sources.  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.

 

6.         Electric vehicle charging points

 

No dwelling within each apartment block shall be first occupied until electric vehicle charging points have been provided for that apartment block in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.  Thereafter, the charging points 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.

 

7.         Refuse Storage

 

No dwelling within each apartment block shall be first occupied until a storage area for refuse and recycling receptacles (and collection areas if necessary) has been provided for that apartment block in accordance with the approved plans for that apartment block.

 

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).

 

8.         Layout and design standards

 

The detailed layout of the site shall comply with the Local Planning Authority's standards in respect of road and footpath design and vehicle parking and turning provision. This condition shall apply notwithstanding any indications to these matters which have been given in the current application.

 

Reason: In the interest of road safety and 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).

 

9.         Delivery hours

 

No deliveries (including collection of waste) shall be accepted or despatched from the commercial units on the ground floor of block A1 outside the following hours:

 

Mondays to Fridays: 07:30 to 18:00

Saturdays: 08:30 to 13:00.

 

No deliveries shall be carried out at any time on Sundays or Bank Holidays.

 

Vehicle engines [and refrigeration units] shall be switched off during deliveries, and no engine idling shall be permitted.

 

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 1991-2006 (Saved Policies 2007).

 

10.       Customer opening hours

 

The commercial premises located on the ground floor of block A1 shall not be open to customers outside of the following hours:

 

07:00 to 22:00 Monday to Saturday

08:00 to 17:00 on Sundays and Bank Holidays.

 

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 1991-2006 (Saved Policies 2007).

 

11.       Permitted uses within Class E

 

The Local Centre 4 unit on the ground floor of block A1 shall be used for Use Class E(a) only and for no other purpose, including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

 

Local Centre 1, 2 and 3 units on the ground floor of block A1 shall be used for Use Classes E(a), E(b), E(c), E(e), or F2(b) only and for no other purpose, including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).  This restriction shall apply notwithstanding any provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

 

Reason: To ensure the provision of at least one local retail facility as required by Policy CS2 and CS11 of the Core Strategy.  The proposed commercial premises are located below residential apartments and has been assessed on the basis of the uses proposed.  Any other Class E use would need to be assessed to ensure the impact on neighbouring properties and provision of parking is acceptable.  This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP1, ADPP2, CS2, CS9, CS11 and CS13 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).

 

Informatives

1.         This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development.  In this application whilst there has been a need to balance conflicting considerations, the local planning authority has secured and accepted what is considered to be a development which improves the economic, social and environmental conditions of the area.

 

2.         Your attention is drawn to the conditions of this permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990 (as amended).  All Conditions must be complied with.  If you wish to seek to amend a condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.

 

3.         Planning permission is hereby granted for the development as shown on the approved drawings.  Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action.  You are advised to seek advice from the Local Planning Authority, before work commences, if you are thinking of introducing any variations to the approved development.  Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible.

 

4.         Separate approval for the works hereby granted permission/consent may be required by the Building Act 1984 and the Building Regulations 2000 (as amended), and the grant of planning permission does not imply that such approval will be given.  You are advised to consult with Building Control Solutions (the Local Authority Building Control service for West Berkshire provided in partnership by Wokingham Borough Council) before works commence.  Call: 0118 974 6239, email: building.control@wokingham.gov.uk, or visit: www.wokingham.gov.uk/building-control