Agenda item
25/01081/FUL - High Street, Church Lane, Chieveley, Newbury
- Meeting of Western Area Planning Committee, Wednesday 21 January 2026 6.30 pm (Item 3.(1))
- View the background to item 3.(1)
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Proposal: |
Demolition of industrial units and pigsty and construction of 4No. residential dwellings and parking provision. |
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Location: |
Buildings and Land to Rear Of Londis Stores High Street Church Lane Chieveley Newbury |
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Applicant: |
Chesterton Commercial Group |
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Recommendation: |
PROVIDED THAT a Section 106 Agreement has been completed by within 6 months (or such longer period that may be authorised by the Development Manager, in consultation with the Chairman or Vice Chairman of the Western Area Planning Committee), to delegate to the Development Manager to GRANT PLANNING PERMISSION subject to the conditions listed in the report. OR, if a Section 106 Agreement is not completed, to delegate to the Development Manager to REFUSE PLANNING PERMISSION for the reasons listed in the report. |
Minutes:
1. The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 25/01081/FUL in respect of demolition of industrial units and pigsty and construction of 4 no. residential dwellings and parking provision, buildings and land to rear of Londis Stores, High Street, Church Lane, Chieveley, Newbury.
2. Mr Matthew Shepherd 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 the Development Manager be authorised to grant planning permission, subject to the conditions and legal agreement outlined in the main and update reports.
3. The Chairman asked Mr Paul Goddard if he had any observations relating to the application.
· It was confirmed that no highways issues had been raised in previous applications, and no highway reasons for refusal had been considered by the Planning Inspector. The proposal would generate traffic from the four dwellings, however the previous commercial use would also have generated a level of traffic generation, and officers did not expect a noticeable increase in traffic to and from the site. The proposal was in line with car parking standards, and there was provision for cycle storage and electric vehicle charging points. Refuse vehicles could reach into the site, however, refuse collection was expected to take place as per the existing dwellings adjacent to the site. The local highway authority had no objection to the proposal, as per the previous proposal.
4. In accordance with the Council’s Constitution, Mr David Cowan, Parish Council representative, Mr Neil Courtney, objector, Mr David Lee, agent, addressed the Committee on this application.
Parish Council Representation
5. Mr Cowan addressed the Committee. The full representation can be viewed here: Western Area Planning Committee – Recording
Member Questions to the Parish Council
6. Members asked questions of clarification and were given the following responses:
· The Parish Council Representative had noted the conditions for the scheduling of materials in architecture details. However, he highlighted that the previously application had been refused 18 months ago and he felt that more detail should have been included in the proposal regarding materials that would be appropriate on the site.
· The use of rendered walls and slate roofing was considered to be out of character with the Conservation Area. and this could have been addressed before reaching the committee.
Objector Representation
7. Mr Courtney addressed the Committee. The full representation can be viewed here: Western Area Planning Committee - Recording
Member Questions to the Objector
8. Members asked questions of clarification and were given the following responses:
· The number of parking spaces was considered to be insufficient at two per household. If the owners had adult children, then they would likely need to park on the High Street or find parking elsewhere.
Applicant/Agent Representation
9. Mr Lee addressed the Committee. The full representation can be viewed here: Western Area Planning Committee – Recording
Member Questions to the Applicant/Agent
10. Members asked questions of clarification and were given the following responses:
· If clay tiles were regarded as more acceptable by the local community than slate, they would be accommodated as part of the discharge of the condition three. As solar panels were an integral part of the design of the building, they would likely not stand proud of the tiles. They could also be installed on east and west facing roofs.
· The applicant was open to installing solar panels on other parts of the roof (e.g. southeast and west side).
· The proposal was an efficient use of land, and the previous application had been deemed satisfactory by planning officers and the Conservation Team. At appeal, the Planning Inspector agreed that the layout, scale, and amenity were acceptable. Therefore, the same proposal had been brough back before the Committee.
· The agent had put forward a scheme that had the best chance of getting approval as possible. It complied with policy, the NPPF and the views of the Planning Inspector.
· The agent disagreed with the views raised by the objectors regarding the level of impact on the Conservation Area.
Member Questions to Officers
11. Members asked questions of clarification and were given the following responses:
· It would be difficult for officers to defend a refusal at appeal, given the previous Planning Inspector’s decision, which was a material consideration. The Planning Inspector had indicated that the proposal was policy compliant, and they had not raised an issue with the character of the area or the design. Planning Inspectors needed to be consistent with in their decision making. Officers did not think an Inspector would agree with the councils’ reasons for refusal if they replicated the previous reasons for refusal.
· Officers believed that they had covered all the aspects that could be secured in terms of materials. They accepted that they could have had drawings presented to Members showing white dwellings with no colour. A condition had been included requiring details of materials for approval. There was a biodiversity net gain of 13 percent, which was not a great deal over the minimum requirement, but was an improvement over the previous application. There was retention of the landscaping features. There were enhancements in terms of the solar panels, which was a new requirement for policies going forward. Officers felt that there was no further way of achieving more from this development through planning conditions.
· It was recognised that there was a public footpath along the road, and that Church Lane was an access road to the church. The proposal was expected to generate 24 vehicle movements per day, while a bakery, with staff, and deliveries, could have similar or higher levels of traffic than the proposal.
· Officers felt that a bakery would have different movement patterns to the proposal, however, officers did not consider that to be sufficient reason to object to the proposal.
· Biodiversity Net Gain, gains were to be delivered onsite, with nutrient neutrality to be delivered offsite.
· The proposed car parking design was commonplace. Sometimes spaces were split up into individual spaces with green areas between them. Officers noted that the applicant had to maximise the number of parking spaces on the site to try and be as efficient as possible, if a space was lost it would make parking issues highlighted by objectors worse. Officers considered the design to be acceptable and noted that it had not been objected to previously. It was not considered a poor enough design to refuse the application.
· Condition 3 related to a schedule of materials and samples, should officers request them. Planning officers would consult with conservation officers. Officers had been very clear within the report, and the Inspector’s decision, that slate tiles should not be used. Officers could not be prescriptive regarding materials, but they had been clear within the report what might be or might not be acceptable. If slate tiles were proposed, they would likely be refused.
· Officers felt that specifying clay tiles would be too prescriptive. Officers had given the applicant the information and the direction which they felt was appropriate within the reports.
· In relation to concerns about plot sizes, Members were reminded that they had to determine the application that had been put before them, and that it was the same designed that that had been previously considered.
· Officers noted that the supplementary planning guidance would require plot sizes of 100 square metres. Although plots three and four were 88 and 83 square metres, and were below the recommended area, they were still functional as a space and provided outdoor seating areas and storage for bicycles and access to bins, and access around the side of the property. This would be consistent with the Inspector’s decision.
· Officers applied conditions because they were particularly concerned with ensuring the architectural details were right and respected the conservation area. This would address concerns about tolerance in interpreting approved plans.
Debate
12. Councillor Tony Vickers opened the debate by noting that the Planning Committee should aim to avoid an expensive appeal and felt that officers were not confident in upholding an appeal. Members had to consider the new information, which was mostly a nutrient neutrality issue. He felt that there was no viable way to refuse the application, and highlighted the concerns raised by the local community. He believed that the application was an improvement from the previous application and felt that the Committee had to approve the proposal.
13. Councillor Adrain Abbs believed that Members were reliant on the conditions that the officers had already included. He felt that if slate and solar panels were unpopular, there were newer solutions that could be used, such as solar clay tiles. He agreed with Councillor Vickers that there was no viable option to refuse the application. He wanted officers to be as robust as possible in the application of conditions three and four to make the application as acceptable as it could be.
14. Councillor Paul Dick agreed with the points raised by Councillor Abbs regarding the application of conditions three and four. He stated that he would vote against the application.
15. Councillor Howard Woollaston endorsed the comments made by Councillor Vickers, and stated that he would be happy to second the proposal
16. Councillor Tony Vickers proposed to accept officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report for the reasons listed in the main report and update report. This was seconded by Councillor Woollaston.
17. Officers recommended a condition, that no solar panels would be installed until the details were agreed. Planning officers would consult with conservation officers on the details.
18. Officers recommended that the conditions on roofing materials stay as set out in the main report and the update report. Officers agreed to note the strong view regarding the use of clay tiles in preference to slate tiles.
19. The Chairman invited Members of the Committee to vote on the proposal by Councillor Tony Vickers, seconded by Councillor Howard 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
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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). |
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Approved plans The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below:
Location Plan. Drawing number 21-24-250. Received 9th May 2025 Concept Bock Plan. Drawing number 21-24-251 Rev G. Received 1st December 2025. Plot 1 and 2 Floor Plans and Elevations. Drawing number 21-24-253 Rev A. Received 1st December 2025. Plot 3 and 4 Floor Plans and Elevations. Drawing number 21-24-254 Rev A. Received 1st December 2025. Preliminary Ecological Appraisal. Received 9th May 2025 Arboricultural Impact Assessment. Received 9th May 2025 Arboricultural Method Statement. Received 9th May 2025 Tree Protection Plan. Received 9th May 2025 Noise Impact Assessment. Technical Report: R9588-1 Rev 0. Date: 21st June 2022 Received 9th May 2025 Reason: For the avoidance of doubt and in the interest of proper planning. |
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Schedule of materials No works above foundation level of the dwellings hereby approved shall take place until a schedule of the materials to be used in the construction of the external surfaces of the development hereby permitted, has been submitted to and approved in writing by the Local Planning Authority. Samples of materials shall be made available upon request. Thereafter the development shall be carried out in accordance with the approved details. Reason: To ensure the appropriate use of external materials. This condition is applied in accordance with the National Planning Policy Framework, Policy SP7 of the West Berkshire Local Plan Review 2023-2041, and Supplementary Planning Document Quality Design (June 2006). |
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Architectural details No works above foundation level of the dwellings hereby approved shall take place until full details of the following have been submitted to and approved in writing by the Local Planning Authority: - window/door arches, lintels, reveals and surrounds - eaves and fascia - parapets, cornices and pediments - brick detailing and decorative features Thereafter the development shall incorporate and be undertaken in accordance with the approved details. Reason: To ensure that the materials are appropriate to the character of the Conservation Area and adjacent listed buildings. This condition is imposed in accordance with the National Planning Policy Framework and Policies SP7, SP9, DM9 and DM10 of the West Berkshire Local Plan Review 2023-2041. |
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Hard landscaping The dwellings hereby permitted shall not be first 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: Landscaping is an integral element of achieving high quality design. This condition is applied in accordance with the National Planning Policy Framework, Policies SP7, SP8 and SP10 of the West Berkshire Local Plan Review 2023-2041, and the Quality Design SPD. |
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Soft landscaping The dwellings hereby permitted shall not be first 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 or first occupation of the new dwellings (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: Landscaping is an integral element of achieving high quality design. This condition is applied in accordance with the National Planning Policy Framework, Policies SP7, SP8 and SP10 of the West Berkshire Local Plan Review 2023-2041, and the Quality Design SPD. |
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Programme of Archaeological Works No development (including any demolition and site
clearance/preparation) shall take place until a project design for
a programme of archaeological works has been submitted to and
approved in writing by the Local Planning Authority. The project
design shall include the methodology for undertaking the
archaeological supervision, and provision should be made for the
investigation and recording of any significant features, deposits
and artefacts. Thereafter, the archaeological work shall take place
in accordance with the approved project design, and a report shall
be submitted to the Local Planning Authority within three months of
the end of the programme (unless otherwise agreed in writing by the
Local Planning Authority). A pre-condition is necessary because sufficiently detailed information does not accompany the application. These measures may require work/care to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place. |
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Archaeology Building Recording No development (including any demolition and site clearance/preparation) shall take place until a project design for a programme of building recording of the historic range has been submitted to and approved in writing by the Local Planning Authority. Thereafter, building recording shall take place in accordance with the approved project design, and a report shall be submitted to the Local Planning Authority within three months of the end of the programme (unless otherwise agreed in writing by the Local Planning Authority). Reason: To ensure that an adequate record is made of these buildings of architectural, artistic, historical or archaeological interest. This condition is applied in accordance with the National Planning Policy Framework, and Policies SP9, DM11 and DM14 of the Local Plan Review 2023-2041. A pre-commencement condition is necessary because the programme of building recording must take place before/during the development. Such an approach is in line with paragraph 2018 of the 2024 National Planning Policy Framework. The level of recording necessary should be guided by the advice specified by Historic England in Understanding Historic Buildings: A guide to good recording practice (2016). Given the scale of works proposed I would advise that recording at level 2 (descriptive) would be appropriate in this instance, but if any archival material or local historical records are available that would help with the analysis. A pre-condition is necessary because sufficiently detailed information does not accompany the application. These measures may require work/care to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place. |
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Tree Protection during construction Prior to the commencement of any works including demolition all Tree Protective Fencing shall be erected in accordance with the submitted plans, reference drawing numbers Arbtech TPP 01 dated Nov 2023. The protective fencing shall be implemented and retained intact for the duration of the construction of development. Within the fenced area(s), there shall be no excavations, storage or mixing of materials, storage of machinery, parking of vehicles or fires. Reason: Required to safeguard and to enhance the setting within the immediate locality to ensure the protection and retention of existing trees and natural features during the construction phase in accordance with the NPPF and West Berkshire Local Plan Review 2023-2041. |
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Electric Charging Point No dwelling shall be occupied until electric vehicle charging points have been provided in accordance with the approved drawings. The charging points shall thereafter be retained and kept available for the potential use of electric cars. Reason: To promote the use of electric vehicles. This condition is imposed in accordance with the National Planning Policy Framework 2024 and Policies SP5, SP19, DM42 and DM44 of the West Berkshire Local Plan Review 2023 – 2041. |
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No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The statement shall provide for: (a) The parking of vehicles of site operatives and visitors (b) Loading and unloading of plant and materials (c) Storage of plant and materials used in constructing the development (d) The erection and maintenance of security hoarding including decorative displays and facilities for public viewing (e) Wheel washing facilities (f) Measures to control the emission of dust and dirt during construction (g) A scheme for recycling/disposing of waste resulting from demolition and construction works (h) A site set-up plan during the works Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety. This condition is imposed in accordance with the National Planning Policy Framework 2024 and Policy DM42 of the West Berkshire Local Plan Review 2023 – 2041. A pre-condition is necessary because sufficiently detailed information does not accompany the application. These measures will be required to be in place prior to works commencing on any part of the development may and so it is necessary to approve these details before any development takes place. |
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Hours of Construction Works No construction works shall take place outside the following hours: 0730 hours to 1800 hours Mondays to Fridays. 0830 hours to 1300 hours Saturdays; and No work shall be carried out at any time on Sundays or Bank Holidays Reason: To safeguard the amenities of adjoining land uses and occupiers. This condition is applied in accordance with the National Planning Policy Framework, and Policies DM5 and DM30 of the West Berkshire Local Plan Review 2023-2041. |
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No development shall take place until details of road construction have been submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into use until associated road construction has been constructed in accordance with the approved drawings. The road construction shall comply with the Local Highway Authority standards and shall thereafter be maintained by appropriate legal agreements when required. Reason: In the interest of road safety and flow of traffic and to ensure waste collection. This condition is imposed in accordance with the National Planning Policy Framework 2024 and Policies SP19 and DM42 of the West Berkshire Local Plan Review 2023 – 2041. A pre-condition is necessary because sufficiently detailed information does not accompany the application. These measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place. |
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Parking/turning in accord with plans No dwelling shall be occupied until the vehicle parking and turning space have been surfaced, marked out and provided in accordance with the approved plans. The parking and turning space shall thereafter be kept available for parking (of private motor cars and/or 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 imposed in accordance with the National Planning Policy Framework 2024 and Policy DM44 of the West Berkshire Local Plan Review 2023 – 2041. |
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Cycle parking No dwelling shall be occupied until the cycle parking has been provided in accordance with the approved drawings and this area shall thereafter be kept available for the parking of cycles at all times. Reason: To ensure the development reduces reliance on private motor vehicles and assists with the parking, storage and security of cycles. This condition is imposed in accordance with the National Planning Policy Framework 2024 and Policies SP19, DM42 and DM44 of the West Berkshire Local Plan Review 2023 – 2041. |
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Sustainable Drainage Methods No development shall take place until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority. These details shall: a) Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with paragraph 182 of the NPPF, the Non-Statutory Technical Standards for SuDS (2015), the SuDS Manual C753 (2015) and the WBC SuDS Supplementary Planning Document (2018) with particular emphasis on Green SuDS and water re-use and approved strategy 3121-02 Rev A noting that if the deeper soakaway is used, it will need to be positioned a minimum of 10m from all buildings and 5m from all site boundaries. b) Include flood water exceedance routes (low flow, overflow and exceedance routes), both on and off site. Exceedance routes should be provided on plans with level information showing the path of water noting any potential issues and mitigation measures used to control overland flow. c) 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 must be provided. d) Provide details of flood resistance and resilience measures. Show the measures on a plan and describe what measures are designed to prevent water accessing the property and speed up recovery times. e) Include a detailed drainage strategy for surface water run-off within the site in accordance with submitted information. This should include details on the interactions between the proposed infrastructure and permeable paving to provide an accurate representation of the volume of storage provided. e) Include run-off calculations based on current rainfall data models, infiltration rates and storage capacity calculations for the proposed SuDS measures (as applicable) based on a 1 in 100-year storm +40% for climate change. Hydraulic connectivity should be demonstrated. f) 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 and at the level of the proposed infiltration devices. g) Include with any design calculations an allowance for an additional 10% increase of paved areas (Urban Creep) over the lifetime of the development. h) Include construction drawings, cross-sections and specifications of all proposed SuDS and flood alleviation measures within the site i) Include pre-treatment methods to prevent any pollution or silt entering SuDS features or causing any contamination to the soil, groundwater, watercourse or drain. j) 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. If any element of the SuDS design is to be adopted by the local authority whole life costing information relevant to all SuDS must be provided. The above sustainable drainage measures shall be implemented in accordance with the approved details before the use hereby permitted is commenced/before the building(s) hereby permitted is/are occupied/before the dwelling(s) hereby permitted is/are occupied/in accordance with a timetable to be submitted and agreed in writing with the Local Planning Authority as part of the details submitted for this condition. The sustainable drainage measures shall be maintained in the approved condition thereafter/The sustainable drainage measures shall be maintained and managed in accordance with the approved details 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 and associated Planning Practice Guidance, National Standards for SuDS, Policy SP6 of the Adopted Local Plan (2023-2041) A pre-condition is necessary because insufficient detailed information accompanies the application; sustainable drainage measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place. |
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Construction Environmental Management Plan No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following: a) Risk assessment of potentially damaging construction activities. b) Identification of biodiversity protection zones. c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). d) The location and timing of sensitive works to avoid harm to biodiversity features. e) The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons and lines of communication. g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority. Reason: To avoid harm to protected species during demolition/construction and preparatory operations. This condition is applied in accordance with the National Planning Policy Framework and Policy SP11 of the West Berkshire Local Plan Review 2023-2041. A pre-commencement condition is required because the CEMP will need to be adhered to throughout construction. |
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Lighting design strategy for light sensitive biodiversity Prior to occupation, a lighting design strategy for biodiversity for 4No. residential dwellings and parking provision shall be submitted to 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 and Badgers 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 SP11 of the West Berkshire Local Plan Review 2023-2041. |
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Submission of a copy of the EPS licence The following works demolition of industrial units shall not 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 a suitably qualified ecologist to the effect that they do 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 SP11 of the West Berkshire Local Plan Review 2023-2041. 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. |
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Biodiversity measures No dwelling shall be occupied until 2x bat boxes and 2x swift boxes and the hedgehog highways related to that dwelling have been installed/constructed in accordance with details shown on a submitted plan. Reason: To ensure biodiversity enhancements are incorporated into the development. This condition is applied in accordance with the National Planning Policy Framework, and Policy SP11 of the West Berkshire Local Plan Review 2023-2041. |
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Biodiversity Gain Condition No development, demolition, earth moving shall take place until a Biodiversity Gain Plan has been submitted to and approved by the local planning authority. The Biodiversity Gain Plan shall be prepared in accordance with the Biodiversity Metric dated 16th of April 2025 prepared by Partners in Planning and Architecture Ltd and shall include: a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat; b) the pre-development biodiversity value of the onsite habitat; c) the post development biodiversity value of the onsite habitat; d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development; e) any biodiversity credits purchased for the development. The approved Biodiversity Gain Plan shall be implemented in accordance with the approved details. Reason: To secure no net loss / net gain for biodiversity in accordance with NPPF Section 15 and Policy SP11 of the West Berkshire Local Plan Review 2023-2041. |
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Protection from external noise (prior approval) No dwelling shall be first occupied until mitigation measures to protect its occupants from externally generated noise have been provided in accordance with the details recommended in the submitted Noise Impact Assessment. Technical Report: R9588-1 Rev 0. Date: 21st June 2022 Received 9th May 2025 Reason: To protect future occupiers of the development from excessive noise levels from the adjacent store and nearby roads, to ensure a good standard of amenity. This condition is applied in accordance with the National Planning Policy Framework, Policies DM5 and DM30 of the West Berkshire Local Plan Review 2023-2041, and the Quality Design SPD. |
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Digital Infrastructure No works above foundation level of the dwellings hereby approved shall take place until a digital infrastructure strategy statement has been submitted to and approved in writing by the Local Planning authority. Such a statement shall set out how the development hereby approved will be served by high-speed reliable gigabit-capable broadband, wherever possible in the form of fibre to the premises (FTTP), or any new or alternative technologies that may come forward Where the document describes how it is not currently viable to deliver FTTP broadband, the fastest viable alternative connection should be provided, together with adequate ducting to allow FTTP connections to be made easily at a later date, without the additional costs of retrofitting. Thereafter the development shall not be occupied until the submitted details have been provided in accordance with the approved details. Reason: To ensure that the site is provided with high-speed communications infrastructure in the interests of the amenity of the occupants of the site in accordance with the requirements of the National Planning Policy Framework and policy DM41 of the West Berkshire Local Plan Review 2023-2041. |
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Sustainability and Building Construction Measures The development hereby permitted shall incorporate the sustainability measures set out in the following documents
No dwelling shall be occupied until all sustainability measures have been provided in full accordance with these approved details. Reason: To secure the sustainability measures that the development is contributing to the district’s response to climate change in accordance with Policy SP5 and DM4 of the West Berkshire Local Plan Review 2023-2041. |
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Maximum water consumption All new residential developments shall meet the Building Regulations optional higher water efficiency standard of 110 litres per person per day, using the ‘Fittings Approach’ as set out in table 2.2 of the Building Regulations part G2. No dwelling hereby permitted shall be occupied until this standard has been achieved for that dwelling. This standard shall be complied with for that dwelling and retained in perpetuity thereafter. Reason: To ensure development is designed to be water efficient and reduce water consumption in accordance with the National Planning Policy Framework and Policy DM7 of the West Berkshire Local Plan 2023-2041. |
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Contaminated land (investigation and remediation) No development* shall take place until a scheme to deal with contamination at the site has been submitted to and approved in writing by the LPA. The above scheme shall: (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 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. Thereafter, any approved remediation scheme and/or monitoring and maintenance measures shall be carried out in accordance with the approved details. 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. |
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Unexpected contamination If any previously unidentified contaminated land is found during demolition and/or construction activities, it shall be reported immediately in writing to the Local Planning Authority (LPA). Appropriate investigation and risk assessment shall be undertaken, and any necessary remediation measures shall be submitted and approved in writing by the LPA. These submissions shall 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. The remediation scheme shall ensure that, after remediation, as a minimum, the land shall not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990. Thereafter, any remediation measures shall be carried out in accordance with the approved details. Unless otherwise agreed in writing by the LPA, the development shall not be occupied until any 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. Reason: To ensure that any unexpected contamination encountered during the development is suitably assessed and dealt with, such that it does not pose an unacceptable risk to human health or the environment. This condition is applied in accordance with the National Planning Policy Framework. |
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Obscure glazing and restriction of opening of windows The windows (including rooflights) at first floor level in the East elevation shall be fitted with obscure glass and shall either be fixed shut or the opening mechanism must be restricted so that it cannot open more than 1.7 metres above the internal floor level of the room they serve before the dwellings hereby permitted are occupied. The obscure glazing and opening restrictions shall be permanently retained in that condition thereafter. Reason: To prevent overlooking of adjacent properties/land, in the interests of safeguarding the privacy of the neighbouring occupants. This condition is applied in accordance with the National Planning Policy Framework, Policy DM30 of the West Berkshire Local Plan Review 2023-2041, and the Quality Design SPD. |
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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 the dwellings 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/land, in the interests of safeguarding the privacy of the neighbouring occupants. This condition is applied in accordance with the National Planning Policy Framework, Policy DM30 of the West Berkshire Local Plan Review 2023-2041, and the Quality Design SPD. |
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Permitted development restriction (extensions/outbuildings) 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, C and/or E 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 SP8 and DM30 of the West Berkshire Local Plan Review 2023-2041, the Quality Design SPD. |
Additional Condition added by Committee
No solar panels shall be installed until details of their design and specification have been submitted to and approved in writing by the Local Planning Authority. Thereafter, no dwelling hereby permitted shall be first occupied until the solar panels for that dwelling have been installed in accordance with the approved plans and details approved pursuant to this condition.
Reason: To ensure the detailed design of the solar panels respects the character and appearance of the conservation area and AONB setting (in accordance with Policies SP7, SP8 and DM4 of the Local Plan 2023-2041), and to ensure the solar panels are provided to comply with Policy DM4 of the Local Plan 2023-2041.
Supporting documents:
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1a. FINAL 25.01081.FUL - Buildings and Land To Rear Of Londis Stores High Street, item 3.(1)
PDF 723 KB -
1b. 2501081FUL MAP, item 3.(1)
PDF 68 KB
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1c. 2501081FUL Appendix 1 - 2301577FUL APPEAL DECISION, item 3.(1)
PDF 149 KB
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01. Update Report 2501081FUL, item 3.(1)
PDF 58 KB