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Major Application Cttee: 7 February 2018 Item No. 1 Application no: 17/02874/OUT For Details and Plans Click Here Site Address Land At Park Farm Station Road Oakley Hampshire Proposal Outline planning application for up to 48 new homes with all matters reserved except means of vehicular and pedestrian access Registered: 18 August 2017 Expiry Date: 2 February 2018 Type of Application: Outline Planning Application Case Officer: Rob Sims 01256 845304 Applicant: Wates Developments Ltd Agent: Mr R Steele Ward: Oakley And North Waltham Ward Member(s): Cllr Diane Taylor Cllr Rob Golding Cllr Stuart Frost Parish: OAKLEY CP OS Grid Reference: 457208 150722 Recommendation: The applicant be invited to enter into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policies CN1, CN6, CN8 and CN9 of the Basingstoke and Deane Local Plan 2011-2029) between the applicant and the Borough and County Councils to secure: 40% affordable housing Contributions towards Oakley Park Cricket for new changing rooms as an identified need project Contribution towards expansion of Oakley Infant and Junior Schools Improvements to the Public Rights of Way network. Off site highway improvement works to Station Road, including the provision of a section of footway along the site frontage. Delivery of on-site open space to include kickabout space, accessible natural green space, park and on site play area. Provision of a Framework Travel Plan and Full Travel Plan together with approval and monitoring fees, and a Travel Plan bond Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons. On completion of the legal agreement the Planning and Development Manager be delegated to grant planning permission subject to the conditions listed at the end of this report.

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Page 1: Major Application Cttee: 7 February 2018 Item No. 1 Case ... › documents › s... · and 4 of the Oakley and Deane Neighbourhood Plan 2011-2029 and the provisions of the National

Major Application Cttee: 7 February 2018 Item No. 1

Application no: 17/02874/OUT

For Details and Plans Click Here

Site Address Land At Park Farm Station Road Oakley Hampshire

Proposal Outline planning application for up to 48 new homes with all matters reserved except means of vehicular and pedestrian access

Registered: 18 August 2017 Expiry Date: 2 February 2018

Type of Application: Outline Planning Application

Case Officer: Rob Sims 01256 845304

Applicant: Wates Developments Ltd

Agent: Mr R Steele

Ward: Oakley And North Waltham

Ward Member(s): Cllr Diane Taylor Cllr Rob Golding Cllr Stuart Frost

Parish: OAKLEY CP OS Grid Reference: 457208 150722

Recommendation: The applicant be invited to enter into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policies CN1, CN6, CN8 and CN9 of the Basingstoke and Deane Local Plan 2011-2029) between the applicant and the Borough and County Councils to secure:

40% affordable housing

Contributions towards Oakley Park Cricket for new changing rooms as an identified need project

Contribution towards expansion of Oakley Infant and Junior Schools

Improvements to the Public Rights of Way network.

Off site highway improvement works to Station Road, including the provision of a section of footway along the site frontage.

Delivery of on-site open space to include kickabout space, accessible natural green space, park and on site play area.

Provision of a Framework Travel Plan and Full Travel Plan together with approval and monitoring fees, and a Travel Plan bond

Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons. On completion of the legal agreement the Planning and Development Manager be delegated to grant planning permission subject to the conditions listed at the end of this report.

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Reasons for Approval 1. The proposed development would deliver housing development on land within the

Revised Settlement Policy Boundary of Oakley and on an allocated site within the Oakley and Deane Neighbourhood Plan and would be in accordance with the Borough's Land Supply requirements. The proposal therefore accords with Policies SS5 and SS6 (g) of the Basingstoke and Deane Local Plan 2011-2029, Policies 1, 3 and 4 of the Oakley and Deane Neighbourhood Plan 2011-2029 and the provisions of the National Planning Policy Framework (March 2012).

2. The proposed development would have an impact on the local landscape character

and scenic quality of the area but would successfully mitigate that impact whilst delivering housing on a site allocated within the Oakley and Deane Neighbourhood Plan. The proposal therefore complies with the National Planning Policy Framework (March 2012) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

3. The proposed development would provide affordable housing to meet an identified

need. As such the proposal would comply with the National Planning Policy Framework (March 2012); Policy CN1 of the Basingstoke and Deane Local Plan 2011-2029, the Council's Affordable Housing Supplementary Planning Document.

4. The development would provide a safe and suitable access and would not cause an

adverse impact on highway safety and adequate parking would be secured to serve the proposed development and as such the proposal would comply with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

5. The proposal would conserve the biodiversity value and nature conservation interests

of the site and as such the proposal would comply with the National Planning Policy Framework (March 2012), Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029.

6. The proposed development would not result in an undue loss of privacy or cause

undue overlooking, overshadowing, or overbearing impacts to existing neighbouring properties, and as such would comply with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

7. Subject to appropriately worded conditions, the proposed development would provide

an appropriate mix of housing and as such the proposal would comply with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 2 of the Oakley and Deane Neighbourhood Plan 2011-2029.

8. Adequate drainage (foul and surface water) can be provided for the development and

can be adequately controlled through other legislation, and through planning conditions, so as to ensure that there would be no risk to property or the environment. The proposal accords with Policy CN6 of the Basingstoke and Deane Local Plan 2011-2029 in this respect.

9. The development would not result in an adverse increase risk of flooding and as such

the proposal would comply with National Planning Policy Framework and Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.

10. The proposed development would respect the setting of designated heritage assets

and as such complies with the National Planning Policy Framework (March 2012) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

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11. The provision of a Section 106 agreement would ensure that the development provides adequate infrastructure to mitigate the impact of the development in relation to community provision, open space, playing fields, play areas, affordable housing, transport and education. The development therefore complies with the National Planning Policy Framework (March 2012); Policies CN1, CN6 and CN9 of the Basingstoke and Deane Local Plan 2011-2029; the Community Infrastructure Levy Regulations 2010; the Council's adopted Supplementary Planning Document on Affordable Housing; Hampshire County Council's Developers' Contribution towards Children's Services Facilities and the Council's Interim Planning Guidance on S106 Planning Obligations and Community Infrastructure (July 2005, updated April 2015), the Council's Adopted Green Space Standards (adopted July 2013).

General comments The application is brought to the Development Control Committee in line with the Council's Scheme of Delegation due to the number of letters of objection which have been received and the Officer's recommendation to grant planning permission. Planning Policy National Planning Policy Framework (NPPF) (March 2012) Achieving Sustainable Development Section 4 (Promoting sustainable transport) Section 6 (Delivering a Wide Choice of High Quality Homes) Section 7 (Requiring Good Design) Section 8 (Promoting healthy communities) Section 10 (Meeting the challenge of climate change, flooding and coastal change) Section 11 (Conserving and Enhancing the Natural Environment) Section 12 (Conserving and Enhancing the Historic Environment) Decision Taking Annexe 1: Implementation National Planning Practice Guidance Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Sustainable Development) Policy SS1 (Scale and Distribution of New Housing) Policy SS5 (Neighbourhood Planning) Policy SS6 (g) (New Housing in the Countryside) Policy CN1 (Affordable Housing) Policy CN3 (Housing Mix for Market Housing) Policy CN6 (Infrastructure) Policy CN8 (Community, Leisure and Cultural Facilities) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM7 (Managing Flood Risk) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM11 (Historic Environment) Policy EM12 (Pollution)

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Oakley and Deane Neighbourhood Plan 2011-2029 Policy 1 - New Housing Development Volume Policy 2 - Housing Mix Policy 3 - Site allocations Policy 4 - Site Specific Requirements Policy 6 - New Allotments Policy 7 - Protection and Enhancement of the Environment Policy 9 - Woodlands and Trees and Rights of Way in New Developments Policy 10 - Biodiversity Policy 13 - Village and Energy Efficient Design Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Design and Sustainability SPD:

­ Appendix 14 (Countryside Design Summary) ­ Appendix 16 (Residential Amenity Design Guidance)

Residential Parking Standards SPD Affordable Housing SPD Landscape and Biodiversity SPD Landscape Assessment Main Report SPG Oakley Village Design Statement 2004 Other Material Documents The Community Infrastructure Levy (CIL) Regulations 2015 Manual for Streets Hampshire County Council 'Companion Guide to Manual for Streets' Hampshire County Council's Developers' Contribution towards Children's Services Facilities Interim Green Space Standards (July 2013) Other Relevant Legislation Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 Description of Site The application site comprises a rectangular area of land extending across 2.97ha to the immediate west of the existing residential estate of Highland Drive. The land is open countryside at present and forms part of the larger Park Farm site. The application site measures approximately 89m wide x 297m long, which would be accessed from the west from Station Road and run from the railway line from the north to the south level with the existing field boundary. A network of Public Right of Ways (PROW) (Footpaths 9B, 8A, 8B and 720) are located to the east and south of the site. Proposal This application seeks outline consent for the erection of 48 dwellings, with access only for consideration. The proposals would involve the formation of a new access onto Station Road which would measure 230m long.

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Amendments Amended plans were received on 07/11/17, which relocated the proposed access further south of the railway line. A pedestrian connection to the north is also proposed. Within the site, four pedestrian links are proposed through the eastern boundary providing access to the Highland Estate. Consultations Cllr D Taylor: ‘I am, on the whole, in favour of this application and would like to see a well-designed small development here. However, two things are very important: - There should be both vehicle and pedestrian access via Station Road, but in a position that will maximise safety - with the exit, if possible, further from the bridge in Station Road. However, if Highways are satisfied that it would be safe as requested, that would be OK by me. - There should be full pedestrian access from the estate to Beech Park/Andover Road village hall. This would necessitate an extra pedestrian route along the eastern edge of Station Road and a footbridge over the railway line. As mentioned when we had our meeting with Wates, if we could achieve safe pedestrian access from the village centre to Beech Park, where there is a Skate Park, tennis courts and playground, and the village hall/allotments, that would be a tremendous asset for residents.’ Oakley and Deane Parish Council: ‘No objection. “The Planning Committee of the Oakley and Deane Parish Council has met and the above application was discussed. The members had no objections in principle to this application, but would ask that the comments below are taken into consideration: - Access on to Station Road - we believe that this is too close to the railway bridge and could be unsafe. We would request that the access is moved further south. - Points 3.7.10 and 3.7.11 of the Transport Statement concern the width of the railway bridge plus photos taken to prove that there is sufficient passing space. We believe that this is not the case and would request that a footbridge be built alongside the railway bridge. This would also serve the proposed new development at the Andover Road end of Station Road. - Flooding issues to the south of Station Road to be resolved before construction begins. - Station Road to have a 30 mph speed limit. In general, this outline application is in line with Policy 4 of the Neighbourhood Plan, i.e. Site Specific Requirements states that development proposals will be supported if: a) Pedestrian access is provided to the Highland Drive estate. b) The development provides direct access to and where possible upgrades the adjacent footpath to the schools. c) Provides allotments as part of the development.’ Southern Water: No objection subject to conditions. Lead Local Flood Authority: No objection subject to conditions. HCC Countryside Services: No objection subject to legal agreement. HCC Archaeology: No objection subject to conditions. Ramblers Association - No objection.

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Network Rail: No objection. Urban Design Officer: No objection. Landscape Officer: No objection subject to conditions and minor amendments to masterplan layout. Local Highway Authority: No objection subject to conditions. Environmental Health Officer: No objection subject to conditions. Biodiversity Officer: No objection subject to conditions. Tree Officer: No objection subject to condition. Housing Officer: No objection subject to legal agreement. Parks and Open Spaces Officer: No objection subject to the provision of on-site open space. Public Observations 14 letters of objection have been received:

The access off Station Road and its revised position is not acceptable.

The access onto Station Road is inappropriate as it is narrow. Conflict and congestion would occur at the railway bridge between cars and pedestrians.

A new footpath over the railway bridge should be created otherwise the development would be unsustainable.

Station Road cannot deal with the additional traffic. The Safety Audit does not include the Andover Road development.

Station Road is not lit and the T junction with Rectory Road is blind.

Development would exceed the 40 houses allocated within the Neighbourhood Plan and is therefore unacceptable in principle.

More houses could be built on the site.

The pedestrian links onto Mull Close would lead to overlooking, loss of privacy and noise and disturbance to existing residents.

Mull Close will be used for parking for the school.

The field is prone to flooding.

The oak trees and hedgerows and biodiversity lining the boundaries would be adversely affected by the development.

A proper Bat Assessment is required. 2 letters of support received:

Access should only be from Station Road and not through the Highlands Estate as voted on within the Neighbourhood Plan.

Need to provide appropriate cycle provision.

Changes to Footpath 9 are welcomed. Relevant Planning History None relevant

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Assessment EIA Screening The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (as amended) set out that Environmental Impact Assessment’s (EIA's) are needed for certain developments whereby the proposal is to have a likely significant effect on the environment. The application has been “screened” in accordance with the criteria set out within the Regulations having regard to matters such as the site area, the number of units, and its location. In having regard to the development proposed and in accordance with Regulation 4 of the EIA Regulations, the Local Planning Authority is of the opinion that the development would be unlikely to have significant environmental effects. This is by virtue of the size, scale and characteristics of the development, its location outside of any defined sensitive area, the use of natural resources and the production of waste, pollution and nuisances. Accordingly, it has been concluded that the development would not constitute EIA development and an Environmental Statement was not required to accompany the application in accordance with the 2017 Regulations (as amended). Five Year Housing Land Supply Following the publication of the Council's Authority Monitoring Report (AMR), the Council can demonstrate a 5.6 year supply of housing delivery with a base date of 1st April 2017. The site is acknowledged within the AMR as one that can deliver the allocation on site by 2022. In this regard, there is benefit of not unduly delaying the process in positively determining an application to establish a planning permission on the site, providing that the proposals remain compliant with the Development Plan, which includes the Local Plan and Oakley and Deane Neighbourhood Plan, and that no other material circumstances indicate that permission should otherwise be refused. Principle of Development The Oakley and Deane Neighbourhood Plan (ODNP) which was made on 26th May 2016 allocates approximately 45 dwellings for the site. This establishes the principle of residential development, provided it meets the criteria of the site specific requirements for the development. Policy 3 (Site Allocations) of the ODNP states that development should be well integrated with the existing built development in the village and the Oakley Settlement Policy Boundary has been revised to incorporate the allocated residential land for Park Farm. Policy 4 (Site Specific Requirements) outlines the site specific requirements at Park Farm, in particular for: a) Pedestrian access to the Highland Drive estate; b) Direct access to and where possible upgrading the adjacent footpath to the schools; and providing allotments as part of the development. The proposals as submitted are for up to 48 dwellings (as a maximum) which marginally exceeds the allocated number within the neighbourhood plan. The neighbourhood plan allocates the site for ‘approximately 45 dwellings’ and the proposal for 48 is considered to be in broad compliance with this allocation. The key considerations relating to this outline application are: the impact on the highway network (including public rights of way) and including access onto Station Road; housing mix; impact on the character and appearance of the area and the Conservation Area; impact on landscape, trees and biodiversity; allotment provision and Section 106 Contributions.

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Impact on Highway Safety Policy CN9 (Transport) requires that highway movements are not of an inappropriate type or level as to compromise highway safety with safe and convenient access for potential users and with a compatible on site layout with appropriate parking and serving provision. The need for appropriate parking is additionally reflected within Policy EM10 with respect to ensuring that the amount, design, layout and location accords with parking standards.

Traffic generation The generation of additional traffic has been the subject of objection to this application notwithstanding the allocation of the site within the Neighbourhood Plan, whereby additional traffic from the site has been envisaged and accepted at the plan-making stage. The planning application has nevertheless been accompanied by a Transport Assessment to set out the likely effects in terms of access and transportation from the quantum of development proposed. This has also considered the impacts to the local and wider highway network, road and junction capacities and the ability to serve the site through alternative modes of transport to the car. It is therefore acknowledged that the development would create increases in volumes of traffic from the construction phase onwards. Once operational, the nature of the traffic volumes and types would change and it has been determined that the proposals would generate an effect upon the magnitude of traffic, but with no material impact upon the roads and junctions local to the site as to exacerbate any existing road safety problems. Therefore in the absence of overriding adverse harm to the highway network being evidenced, and with no objection from the Local Highway Authority, the development accords with Policy CN9 of the Local Plan. - Access

The proposals would involve the provision of a new vehicular and pedestrian access from Station Road to the west. The proposed access would be located approximately 105m to the south of the railway line and stretch approximately 230m in length across the agricultural field to the application site. A footpath would be located along the northern edge of the access road, with an attenuation pond located to the north of the access. Along Station Road a pedestrian footpath would be provided to the north towards the railway bridge. To the east of the application site, pedestrian links through the eastern boundary to Barra Close, Arran Close, Mull Close and Oban Close would be provided. - Access Visibility

Following discussions with Hampshire County Council Highways and the BDBC Highways Officer the proposals were amended on the 07th November 2017 to relocate the proposed access from Station Road further south in order to provide further distance from the railway bridge, at which point the road narrows for two cars passing. The proposed access is now located approximately 100m to the south of the railway bridge. A Road Safety Audit has been conducted, as well as the associated speed surveys and transport assessment required for the development. The speed surveys have concluded that vehicle speeds were less than 30mph, which in line with Manual for Streets and Hampshire County Council guidance dictates that a forward visibility of 2.4m x 44m to the north and south of the junction should be provided. The amended drawings demonstrate that visibility splays of 2.4m x 44m can be provided from the proposed access, and therefore the proposals are considered to be acceptable in this regard.

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The proposed access would measure 5.0m wide which would allow for two vehicles to pass at the junction and along the access route to the site. In addition a dedicated pedestrian path would be provided, along with a safe crossing, which would ensure safe interaction between vehicles and pedestrians. A Stage 1 Safety Audit has been undertaken of the site access and highway works on Station Road by an independent safety audit team. As a result of this Audit, additional white carriageway markings have been introduced on Station Road where the carriageway narrows to 3.6m in width. Within the Audit concern was raised that the existing narrowing would increase the risk of vehicle conflict as vehicles may be unaware that one-way working should occur over this short section. To mitigate against this risk, white edge of carriageway markings are proposed to clearly identify this narrow section, thereby causing vehicles to give-way to one another at this location. The site access and revisions to the off-site highway works have been deemed safe by the independent Safety Audit Team and the use of Station Road as the vehicular access point to the site is considered to be acceptable. - Arran Close alternative

The proposed access from Station Road would involve the creation of a 230m long access road across an agricultural field. The eastern boundary of the site however abuts Highland Drive, with an existing hammerhead at Arran Close. The applicants were asked by Officers to consider the possibility of accessing the site from Arran Close, which would negate the visual impact of the new access from Station Road. In response the applicant provided the following justification: ‘The application is a Neighbourhood Plan allocation, selected by the residents of the village to help deliver part of their housing needs. The site has always been proposed to be accessed via Station Road in the promotion material and discussions during the preparation of the Neighbourhood Plan. Section 6 of the Neighbourhood Plan paragraph 6.1.1 states that Park Farm is accessed from Station Road. In an email from the Parish Clerk to you on 5 October 2017 it was confirmed that it has always been the intention and understanding of the Parish for the site to be accessed via Station Road, not through Highland Drive. - Observations of Arran Close indicate that existing on-street parking has the potential to impede development traffic accessing the site. Vehicles have been observed parking to the front of the garage blocks that run along both sides of Arran Close straddling the pedestrian footway and encroaching onto the carriageway. - Whilst a Traffic Regulation Order (TRO) could be sought to seek to control this parking, it will displace it elsewhere and will be subject to a separate post-application process, the success of which cannot be guaranteed. It is also very likely that the existing residents at Arran Close would not favour this option. Failure to secure the TRO would result in an access arrangement that might become obstructed. In any event, it may be difficult to enforce such a TRO resulting in the same problem.’ Coupled with the fact that the submissions demonstrate that the proposed access from Station Road is acceptable, it is considered that the access via Arran Close and through the Highland Drive estate is less than desirable, and is certainly less preferable than access from Station Road when all matters are considered. This view has also been expressed by third parties in their representations to this application. With the form and geometry of the access from Station Road having been deemed acceptable in highway terms, the proposal accords with Policy CN9 of the Local Plan.

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- Pedestrian links Policy 4 (Site Specific Requirements) of the ODNP outlines the site specific requirements for the provision of approximately 45 dwellings at Park Farm, in particular for: a) Pedestrian access to the Highland Drive estate; b) Direct access to and where possible upgrade the adjacent footpath to the schools; and provide allotments as part of the development. The illustrative masterplan includes the provision of four pedestrian links to the Highland Drive estate to the east, as well internal footpaths within the site. HCC Countryside Services, have welcomed the provision of pedestrian links to the existing footpath (9b) along the eastern boundary and also the retention of the green corridor along the eastern boundary. In addition the Highway Officer considers the indicative links to be acceptable, which should also be suitable for cyclists and potential emergency services (with particular regard to the Arran Close access). Conditions will be imposed to secure further detail of the pedestrian and cycle accesses. In addition a contribution, to be secured through a planning obligation in the Section 106 agreement, will also provide enhancements to the footpath. The Parish Council and a Ward Member, on behalf of local residents have requested that a pedestrian footpath from the access to Station Road to the village hall to the north is secured through the proposals. A footpath has been provided from the new access up to the existing field gate. Whilst this stops short of the railway bridge, this is because the land further north of the existing field gate falls outside of the applicant’s land ownership as it belongs to Network Rail. Therefore there is no guarantee that any extension of footpath to the railway bridge can be provided. The provision of a footpath is considered to be acceptable, and on this basis it is considered that the proposals would meet the requirements of Policy 4 of the ODNP, with the provision of the footpath secured through the Section 278 agreement. - Parking Provision

The allocation of parking spaces will be determined through the 'layout' reserved matter. A 'proving layout and parking allocation' plan has been provided to demonstrate indicative parking spaces for the proposed dwellings, which primarily shows that such spaces can be accommodated for up to 48 dwellings. On this basis the proposals would be able to provide appropriate parking provision on the site in accordance with Policies EM10 and CN9 of the Local Plan. - Sustainability

The application site is located to the west of Oakley immediately adjacent to the Settlement Policy Boundary and therefore is well located to access the facilities provided within the settlement. The whole of Oakley is also located within 2km of the site including the nearest bus stop, local shop, village hall, schools and sports facilities. The site is not considered to be isolated or unsustainable in terms of its location. - Travel Plan

The Framework Travel Plan (FTP) has been submitted with the application. The estimated costs for each measure have been set out in the Action Plan. The final amount will be set out in the Section 106 Legal Agreement and will be bonded against the targets when finalised. Approval fees and monitoring fees will also be secured through the s106 agreement. The legal agreement secures the measures contained within the Framework Travel Plan, including the necessary financial contributions; it is considered that these measures will assist in encouraging the use of sustainable modes of transport as an alternative to the private motor vehicle.

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Conclusion on Highways The proposals would create a new vehicular access onto Station Road to serve the development. The proposals have been developed following the appropriate assessment of Road Safety Audits and Automated Traffic Counts which have informed the position of the access along Station Road, the associated visibility splays and off site highway works north of the railway bridge. In addition a footway along the site frontage at Station Road has been provided within the applicant’s land (the remaining land between the proposed footway and the railway bridge belongs to Network Rail). Pedestrian links through the eastern boundary are also indicated to be provided, which would connect the site to footpath 9b and to the Highland Estate. The proposals are considered to be acceptable in terms of highway safety and conditions will be imposed to secure details of the works necessary to provide the access to the site and further details of the pedestrian links through the eastern boundary. Affordable Housing Policy CN1 of the adopted Local Plan and the Affordable Housing SPD requires developments to provide 40% affordable housing, of which 70% should be rental and 30% shared ownership. An appropriate level of affordable housing should be provided as part of the development. This development seeks to accord with the policy by providing 40% (19 units) as affordable with a suggested mix of 6 no. 1 bed, 8 no. 2 bed, 4 no. 3 bed and 1 no. 4 bed units. The Council's Housing Services Team has confirmed that this mix therefore would be consistent with the identified need. As this is an outline application for 'up to' 48 units, the precise number and location of the affordable housing would be agreed at the reserved matters stage, but the 40% provision and requirement to provide a suitable tenure mix (70% rented and 30% intermediate accommodation) would be secured through a S106. The scheme is therefore considered to be able to be compliant with Policy CN1 subject to a Section 106 planning obligation for Affordable Housing being secured. Housing Mix Policy CN3 (Housing Mix for Market Housing) requires the following:

- A range of house types to address local requirements. - Appropriate mix to the size, location and characteristics of the site - Appropriate to the established character and density of the neighbourhood - 15% accessible and adaptable homes

Policy 2 (Mix of dwellings) of the ODNP sets out the Parish need and requirement for housing mix for developments of 10 dwellings and above. The policy states: 'Proposals for ten dwellings or more should demonstrate how they meet the requirement to increase the proportion of smaller homes in the Neighbourhood Area. Unless viability or other material considerations show a robust justification for a different mix, at least 90% of dwellings in new developments should have less than four bedrooms. Of this 90%, 40% to 50% should have two bedrooms or less.' The proposed scheme is for up to 48 dwellings and it is indicatively submitted that 17 would be 1-2 bedroom units, which is slightly below the requirement for 40-50%. As the layout of the final development is a ‘reserved matter’, a condition will be imposed to ensure the housing mix complies with the requirements of Policy 2 of the ODNP.

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Accessible and Adaptable Homes Policies CN1 and CN3 requires provision of 15% of both affordable and market homes on site to be ‘accessible and adaptable’ to enable people to stay in their homes as their needs change. Given that this is an outline application, the detail of the scheme is unknown and therefore this matter can be secured via condition. As such, the scheme is considered to be able to be compliant with Policies CN1 and CN3 of the adopted Local Plan and the Housing Mix and Lifetime Mobility Standards SPD at this stage. Impact on Amenity The indicative layout demonstrates that a residential development of up to 48 dwellings would be a sufficient distance from the nearest existing residential properties to avoid any adverse impacts of overlooking, overshadowing or overbearing impact. In particular the distances between the existing development along to Barra Close, Arran Close, Mull Close and Oban Close and the proposed development would exceed 20m. This would be consistent with the guidance within the Council's Residential Amenity Design Guidance SPD (Appendix 16). The outlook from the existing properties bounding this site would change as a result of this proposal. However, this change of view is not a planning matter and it is considered that the proposed dwellings could be designed and laid out in such a way so as to avoid any adverse overshadowing or overbearing impacts on existing properties. Disturbance Third party objectors, including those from residents from Mull Close and Lomond Close raise concern at the additional noise and disturbance that would be generated from additional occupants and in particular from the new pedestrian links. It is considered that the noise that would be generated from the occupants of the proposed dwellings, including any pedestrian movements, would not be any different in nature, from that which would already occur within this residential area, albeit the number of movements would increase. However these levels of movements would be split across the four links within the eastern boundary, which would ensure that no significant adverse impact on amenity would occur to the neighbouring properties. There is not considered to be anything unusual about this particular edge of settlement development proposal that would give rise to unacceptable levels of harm to the amenities of neighbouring residents. It is however acknowledged that residents would by virtue of the nature of development works, be impacted upon, to a degree. The Environmental Health Officer has suggested conditions in respect of hours of construction, and hours of deliveries associated with construction works. If any undue disturbance were to be created during building works that was of such significance to cause a nuisance, this would be addressed through the provisions of Environmental Health Legislation. Nevertheless, the test of whether unacceptable harm would be caused to amenity is a lesser test than that of nuisance, and therefore conditions to ensure that works and deliveries are restricted in terms of their time are considered to be reasonable and necessary. The proposed development would, therefore, in these terms, respect the amenities of the existing neighbouring properties and the development accords with Policy EM10 of the Local Plan.

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Impact on Landscape Character and Visual Amenity/Design The application site is located to the west of Oakley on a relatively flat site. To the immediate east of the site is Highland Drive which has a relatively compact housing density. - Landscape Character

Oakley village lies in gently undulating land and is surrounded to the south, north and north-west by arable farmland, typically comprising of medium sized fields defined by mature hedgerows. The setting and views provided by the surrounding arable farmland still make a significant contribution to the rural landscape character and establishes Oakley village as a rural-based community. The proposed development is a large development with a site area of 2.97ha and would result in the loss of a significant area of countryside that forms an important part of the setting of Oakley. However the site is an allocated development site within the Neighbourhood Plan and proposals have sought to retain the significant trees and boundary hedging. Whilst this part of the landscape would inevitably change, the retention and enhancement of existing landscaping features present on the site would ensure appropriate mitigation to the impact of the development on landscape character. Whilst it is inevitable that the provision of the 230m long access road would alter the landscape character of the agricultural field in between the site and Station Road, this impact is considered to be outweighed by the necessity for a safe and convenient access from Station Road. Furthermore, where layout and landscaping are reserved matters, the illustrative layout which creates a linear form of development would respond appropriately to the neighbouring development at the Highland Drive estate. - Visual Amenity

The Public Right of Way network lies to the immediate east of the site, running parallel with the eastern boundary, which connects north Oakley to Oakley Infant and Junior Schools in the south. The proposals would inevitably result in an impact on visual amenity due to the contrasting nature of the proposed development, particularly from the Public Right of Way. Given that the site is an allocated site, this impact is considered to be inevitable and would have been considered at the allocation stage. However it should be noted that the visual receptors of the impact from the residential development will be limited to those using the public footpath, with such an impact balanced with the enhancements proposed to the footpath to be secured under a planning obligation. The proposals involve the creation of a new access onto Station Road, which would result in a significant visual impact, especially given that the access would extend to a distance of 230m across an undeveloped field. In addition the access track would be lined with a pedestrian footpath and post and rail fencing, as well as providing attenuation ponds to the north of the access. However, given that it was envisaged within the Neighbourhood Plan to provide an access off Station Road, and the access itself is considered to be acceptable in terms of highway safety, the proposals are considered to be acceptable in this regard. It is acknowledged that the development would impact upon the landscape however it is considered that the proposal would be acceptable in this instance whereby appropriate landscaping can be secured. Furthermore, with detailed consideration to be given to the site layout, the proposals would assimilate appropriately with the character and appearance of the landscape. On this basis the proposals would not conflict with Policies EM1 and EM10 of the adopted Local Plan, Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029, Appendix 14:`Countryside Design Summary` of the Design and Sustainability

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Supplementary Planning Document and the guidance contained within the National Planning Policy Framework (March 2012) and the Oakley Village Design Statement 2004. - Density

The provision of 48 dwellings on a site measuring 2.97ha would equate to a development density of approximately 16 dwellings per hectare (dph). This is notably lower than the adjacent development on the Highland Drive estate which broadly is 40dph. On this basis the proposed development density is considered to be appropriate, albeit its edge of settlement location necessitates the requirement for the final layout and appearance of the development to achieve a low density and individual character to aid its integration with its rural surroundings to the west. This would allow for the existing field boundaries to be retained and integrated into the development. - Design

The indicative layout proposes development to the north and south of a central green space and therefore enables open space to become a feature of the development. This approach is generally supported subject to the size of the public open space being achieved. To the north of the open space would comprise higher density development with properties lining the access road. The layout faces development outwards towards the countryside or over the public open space to provide natural surveillance. In respect of the layout to the southern part of the site, it is noted that the land rises at this point and it is proposed that the density of development on this part of the site be lower through the provision of detached or semi-detached dwellings. It was also indicated at a pre-application stage that bungalows would be sited in the south eastern corner of the site. This arrangement coupled with the siting of dwellings lining the access road is important in providing a street frontage and would allow for the dwellings to face out over the countryside to the west. In terms of the final appearance of the proposed dwellings, this is a reserved matter, which should refer to the key features of the Oakley Church Conservation Area and Policy 13 of the ODNP requires new development to comply with The Oakley Village Design Statement (2004). - Public Open Space provision

Notwithstanding that any forthcoming application would include 'layout' as matter to be considered, the site would be expected to provide on-site open space. There is a requirement for a 3686.4 m2 single green space to be provided suitable for kickabout. The proposed green space is located centrally on the site as a main feature of the development, however the indicative size is slightly below the required standards. However the appropriate open space requirements will be secured through a planning obligation and through the final layout. Impact on the Historic Environment The Planning (Listed Buildings and Conservation Areas) Act 1990 requires consideration of a proposal upon the setting of a heritage asset, which could comprise a listed building or Conservation Area. This requirement is reflected within the NPPF which requires that, when determining applications, account should be taken of the desirability of sustaining and enhancing the significance of assets. When substantial harm is considered to arise, this needs to be weighed against any public benefits. Locally, Policy EM11 refers to areas of historic or architectural interest and is relevant when considering the impact of the development upon the historic environment.

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- Setting of the Church Oakley Conservation Area The Church Oakley Conservation Area lies to the south of the application site, and also encompasses Park Farm Cottages in the south west corner of the wider Park Farm site. As well as incorporating part of Park Farm, the northern part of the Conservation Area incorporates the Peter Houseman Recreation Ground. Whilst there is boundary screening between the recreation ground and the Park Farm site to the north, the open and undeveloped nature of the application site and the surrounding land contributes towards the setting of the Conservation Area and therefore development would result in some, albeit less than substantial, harm to the setting of the Conservation Area. However the Conservation Area boundaries include a buffer zone of surrounding fields, with the application site lying outside of them. As the proposed development would bring forward development allocated within a made Neighbourhood Plan, this is a significant public benefit, and therefore the proposals would comply with Section 72 of the Act 1990, Policy EM11 of the Local Plan and paragraph 134 of the NPPF in that the public benefits of the proposals outweigh the less than substantial harm caused to the setting of the Conservation Area. - Archaeology

The application has been subject of consultation with the County Archaeologist who considers that it unlikely that archaeological issues will emerge as an overriding constraint to development however advises that it would be reasonable to secure a preliminary archaeological evaluation and mitigation by planning condition. Flood Risk and Drainage - Flood Risk

The proposed development is located in Flood Zone 1 (low probability) based on the Environment Agency's Flood Zone map. A Flood Risk Assessment has been submitted with the application in accordance with the NPPF which requires an FRA to be submitted for all developments over one hectare in size. Policy EM7 states that development within areas of flood risk will only be acceptable if it is clearly that it is appropriate at that location and there are no suitable available alternative sites at a lower flood risk. Third Party objectors raise concerns that the site is already prone to flooding, presumably from surface water drainage and groundwater. To address these concerns the FRA includes the following Flood Risk Mitigation:

- Further groundwater monitoring, which will inform the detailed design of any infiltration systems.

- Surface water sewers shall be designed not to flood for return periods up to and including the 1:30yr return.

- Internal road and building levels will be designed to flow safely into onsite open spaces and infiltration ponds, and specifically away from dwellings.

- Indicative layout has been produced to accommodate open spaces for infiltration basins and flood storage exceedance areas

- Proposed surface water runoff will discharge to ground via infiltration systems, with runoff mimicking pre-development greenfield nature.

On this basis it is considered that submitted FRA has demonstrated that flood risk would be negated through the agreement of the final details, design and adoption of the proposed surface water drainage strategy, which will ensure that the site is not prone to flooding and

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there is no increased flood risk elsewhere within the surrounding area. Subject to compliance with a condition securing an appropriate surface water drainage scheme, the proposal would be able to comply with Policy EM7 of the adopted Local Plan and Section 11 of the NPPF. - Foul Drainage

The nearest public foul sewer is located to the east of the site at Highland Drive. Alternatively connections are available to the south of the site, which would require a pumped connection. Southern Water have indicated that the existing system does not presently have capacity to accommodate the additional flows and has indicated that additional infrastructure would be required. Southern Water has therefore requested that a condition be attached requiring a drainage strategy for the proposed means of foul disposal be submitted for approval by the Local Planning Authority in consultation with the sewerage undertaker. Whilst such a condition is reasonable, it is not however considered to be necessary as required by the tests of the NPPF whereby Southern Water have a legal obligation under the Water Industries Act 1991 to provide developers with the right to connect to a public sewer regardless of capacity issues. The Water Industries Act 1991 also contains safeguards to ensure that flows resulting from new development do not cause detriment to the existing public sewerage networks by imposing a duty on sewerage undertakers to take the necessary action to carry out works to accommodate such flows into their networks. The detail and adoption of the foul waste system would be secured under the Water Industry Act 1991 as the legal mechanism to connect to the local network and thus sits outside of the planning process. An informative will instead be attached to advice of the necessary contact with Southern Water. The proposal therefore accords with Policy EM7 of the Local Plan. Environmental Health Issues - Contamination

The application has been submitted with a Contamination Report which includes details of soil testing. The Environmental Health Team (EHO) has advised that it is satisfied with the assessments carried out to date however request that further ground investigation works and chemical testing of soils will need to be undertaken to fully assess the risks from contamination to future site users. On this basis conditions are recommended to secure these investigations. The views of the EHO are agreed and therefore, subject to suitable conditions, no objection is raised in this regard. - Noise

The Environmental Health Officer has reviewed the Cole Jarman Noise Assessment dated 8 August 2017 and is satisfied that noise levels, both internal and to external amenity spaces, are capable of being mitigated via conditions in relation to noise from existing noise sources and noise during construction subject to conditions restricting construction hours and construction deliveries. The views of the EHO are agreed whereby existing noise sources, due to their distance from the site would not have an adverse impact on future residents, and subject to restricting construction hours of work to prevent unsociable working and adverse impacts on existing residents. Allotment Provision Policy 6 of the ODNP states that the 'provision of new allotments within any new development is encouraged.' The proposals incorporate the provision of 9 pitches to the

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north of the access road and the railway line. Whilst the final layout will determine the appropriate sizes of each plot, the applicant's commitment to such provision would ensure the development complies with this policy in principle. Impact on the Natural Environment - Trees Policy EM1 of the Basingstoke and Deane Local Plan requires that development proposals are sympathetic to the landscape character and that they contribute to the regeneration, restoration, repair or conservation of any landscape likely to be affected. In particular they should respect, and improve (ii) visual amenity and scenic quality and (v) trees, hedgerows, water features and other landscape elements and features. The site is bounded by a number of mature trees, which form field boundaries. An Arboricultural Implications Report has been submitted with the application, which concludes that no mature, veteran or ancient trees, no category ‘A’ / ‘B’ trees, and no trees of high landscape or biodiversity value are to be removed and the indicative layout and detailed access proposals do not result in any incursions into the Root Protection Areas of trees to be retained. The Tree Officer has reviewed the submission and confirms that the tree constraints have informed the layout and design of the proposed development (albeit illustrative), and that tree protection would ensure that the existing trees and landscaping features are protected during development. Conditions are recommended to secure tree protection measures and a utilities plan. The recommendations of the Tree Officer are accepted and will be imposed accordingly. Subject to compliance with the conditions the proposals would comply with Policy EM1 of the Local Plan and Policy 9 of the ODNP. - Biodiversity Policy EM4 (Biodiversity) requires development proposals to ensure that no adverse impact arises to protected species or harm to nature conservation assets. The site at Park Farm is primarily made up of intensively managed grassland with surrounding corridors of wildlife interest created by hedgerows which link with the surrounding countryside. There is a need to retain these habitat links by utilising the hedgerows and creating adequate buffers around them and to look to create an interface for the wildlife between the village landscape of Oakley and the surrounding countryside through wildlife enhancements. The Biodiversity Officer has reviewed the Biodiversity Survey and Report and update letter, which has found no evidence of protected species on site, however habitats including amenity grassland, improved grassland and hedgerows provide suitable opportunities for foraging bats, badgers, small mammals and nesting birds. The Biodiversity Officer agrees with the conclusions and recommends that a habitat enhancement scheme and wildlife mitigation plan are secured through planning conditions. The views of the Biodiversity Officer are agreed and subject to compliance with the conditions, would ensure the development complies with Policy EM4 of the Local Plan and Policy 10 of the ODNP. Community Infrastructure Contributions Policies of the Local Plan and Oakley and Deane Neighbourhood Plan and the accompanying S106 Planning Obligations and Community Infrastructure Interim Planning Guidance seek to ensure that development does not result in an adverse effect on existing infrastructure, and makes appropriate provision to mitigate documented impacts. It is therefore common to anticipate that development would by way of Obligation (legal agreement) make appropriate provision/ improvements in line with the advice provided within the NPPF. Where mitigation is sought, due consideration has been given to the tests as set out within the Community Infrastructure Levy Regulations 2015, namely that a planning

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obligation must be (a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development. In having regard to the nature and location of the proposed development, a S106 agreement is in preparation at the time of reporting which recognises the need to mitigate the impact of the development upon the local area. In this regard, the S106 seeks to secure:

40% affordable housing

Contributions towards Oakley Park Cricket for new changing rooms as an identified need project

Contribution towards expansion of Oakley Infant and Junior Schools

Improvements to the Public Rights of Way network.

Off site highway improvement works to Station Road, including the provision of a footpath.

Delivery of on-site open space to include kickabout space, accessible natural green space, park and on site play area.

Provision of a Framework Travel Plan and Full Travel Plan together with approval and monitoring fees, and a Travel Plan bond

In addition to a S106 agreement, the developer would be required to complete a S278 agreement under the Highways Act 1990 to secure off site highway works to the north of the railway line. Conclusions The proposed development would bring forward a site allocated within the ‘made’ Oakley and Deane Neighbourhood Plan 2011-2029, which together with a 40% affordable housing provision and associated infrastructure improvements (including pedestrian links) would represent significant public benefits. The proposed access from Station Road has been justified and is considered to appropriately integrate with the existing highway network. Whilst the proposed development would have an impact on the character and appearance of the landscape, appropriate mitigation would be secured through conditions and considerations of the appropriate details at a Reserved Matters stage. Furthermore such impact was anticipated when allocating the site within the Neighbourhood Plan. The proposals, subject to conditions would also be acceptable in terms of housing mix, biodiversity, trees and flooding. On this basis the development would comply with the relevant Policies of the Oakley and Deane Neighbourhood Plan, the Basingstoke and Deane Local Plan and the relevant guidance listed. Conditions 1. The development hereby permitted shall be carried out in substantial accordance with

the following approved plans unless otherwise agreed in writing with the Local Planning Authority:

Red Line Plan Drawing No. ‘RL001 REV H’

Proposed and Original Red Line Plan Drawing No. ‘RL002 REV A’

Site Access Proposal Drawing No. ‘Option 2 – ITB12232-GA-014 REV A’

Site Access Proposal and Offsite highway works Drawing No. ‘ITB12232-GA-015’

REASON: For the avoidance of doubt and in the interests of proper planning.

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2. Details of the appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved. REASON: To comply with Article 4 of the Town and Country Planning (General Development Procedure) Order 2015 (or any order revoking and re-enacting that Order) and in order to secure a satisfactory development and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029.

3. Applications for approval of the reserved matters shall be made to the Local Planning

Authority not later than three years from the date of this permission. REASON: To comply with Section 92 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

4. The development hereby permitted shall begin no later than two years from the date of

approval of the last of the reserved matter to be approved. REASON: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51(2) of the Planning and Compulsory Purchase Act 2004) and to prevent an accumulation of unimplemented planning permissions.

5. Protective measures, including fencing, ground protection supervision, working

procedures and special engineering solutions shall be carried out in accordance with the SJA Trees tree survey and arboricultural implications report, August 2017. Any deviation from the works prescribed or methods agreed in the report will require prior written approval from the Local Planning Authority. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (March 2012) and policy EM1 of the adopted Basingstoke and Deane Borough Local Plan 2011- 2029.

6. No development including site clearance, demolition, ground preparation, temporary

access construction/widening, material storage or construction works shall commence on site until a plan showing the location of all existing and proposed utility services has been submitted to and approved in writing by the Local Planning Authority. This shall include gas, electricity, communications, water and drainage. No development or other operations shall take place other than in complete accordance with the Utility Plan, unless otherwise agreed in writing by the Local Planning Authority. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (March 2012) and policy EM1 of the adopted Basingstoke and Deane Borough Local Plan 2011- 2029.

7. No development (including site preparation) shall commence on site until a Wildlife

Protection Plan to secure working procedures to reduce impacts on nesting birds and to ensure that habitats unsuitable for reptiles are maintained on site during the construction process. The development shall be carried out in accordance with the details so approved, unless otherwise approved in writing by the Local Planning Authority. REASON: In the absence of being submitted to accompany the application, details are required to secure the protection of species protected under The Wildlife and Countryside Act 1981 in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

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8. No development shall take place until the applicant has secured the implementation of a programme of archaeological assessment in accordance with a Written Scheme of Investigation (WSI) that has been submitted to and approved by the Planning Authority in order to recognise, characterise and record any archaeological features and deposits that may exist here. The assessment should take the form of trial trenches located across the whole of the application area. The investigation shall be carried out in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to allow for the recording of items of archaeological interest in accordance with the advice contained within the National Planning Policy Framework (March 2012) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

9. No development (including site preparation) shall commence on site until a programme

of archaeological mitigation in accordance with the approved written scheme of investigation as secured under Condition 9 has been submitted to and approved in writing by the Local Planning Authority. The programme of archaeological mitigation shall include where appropriate, details of a post-excavation assessment, specialist analysis and reports, the method of archaeological recording of archaeological remains to mitigate the impact of development and details of any publication and public engagement. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority. REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard to mitigate the effect of the works associated with the development upon any heritage asset and to contribute to the knowledge and understanding of our past by ensuring that information regarding these heritage assets is preserved by record for future generations in accordance with the advice contained within the National Planning Policy Framework (March 2012) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

10. No works pursuant to this permission shall commence until there has been submitted

to and approved in writing by the Local Planning Authority:- a) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by councils Environmental Health team and in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice; and, unless otherwise agreed in writing by the Local Planning Authority, b) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring. If during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority.

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This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR11’. REASON: Details are required prior to commencement as insufficient information was provided with the application and in the absence of sufficient detail submitting with the application and 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 in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

11. The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 10(b) that any remediation scheme required and approved under the provisions of condition 10(b) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise; as built drawings of the implemented scheme;

- photographs of the remediation works in progress; - Certificates demonstrating that imported and/or material left in situ is free of

contamination. Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 10(b), unless otherwise agreed in writing by the Local Planning Authority. 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 in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

12. No development shall take place until a Construction Method Statement that demonstrates safe and coordinated systems of work affecting or likely to affect the public highway and or all motorised and or non-motorised highway users, has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period.

The Statement shall include for: i. means of direct access (temporary or permanent) to the site from the adjoining

maintainable public highway; ii. the parking and turning of vehicles of site operatives and visitors off carriageway

(all to be established within one week of the commencement of development); iii. loading and unloading of plant and materials away from the maintainable public

highway; iv. storage of plant and materials used in constructing the development away from

the maintainable public highway; v. wheel washing facilities or an explanation why they are not necessary; vi. the erection and maintenance of security hoarding including decorative displays

and facilities for public viewing, where appropriate; vii. measures to control the emission of dust and dirt during construction; viii. a scheme for recycling and disposing of waste resulting from construction work;

and the management and coordination of deliveries of plant and materials and the disposing of waste resulting from construction activities so as to avoid undue

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interference with the operation of the public highway, particularly during the Monday to Friday AM peak (06.30 to 09.30) and PM peak (16.00 to 18.30) periods.

ix. the routes to be used by construction traffic to access and egress the site so as to avoid undue interference with the safety and operation of the public highway and adjacent roads, including construction traffic holding areas both on and off the site as necessary.

REASON: In the absence of details being provided to accompany the planning application, details are required to ensure that the construction process is undertaken in a safe and convenient manner that limits impact on local roads and the amenities of nearby occupiers, the area generally and in the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

13. Notwithstanding the details submitted, no development above ground floor slab level

shall commence on site until a Habitat Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved, unless otherwise approved in writing by the Local Planning Authority. REASON: To secure the long term enhancement of nature conservation interests, provide biodiversity gains and to maintain the biodiversity of the area in the long term in accordance with advice contained within the National Planning Policy Framework (March 2012) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029. Details are required in the absence of accompanying the planning application.

14.

No development above ground floor slab level shall commence on site until full details of the types, textures and colours of all external materials to be used together with samples have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029. Details are required in the absence of being provided to accompany the planning submission.

15. Notwithstanding the illustrative proposals, as a minimum, 40-50% of all new dwellings shall have two bedrooms or less and 15% of the dwellings hereby approved shall be built to accessible and adaptable standards to enable people to stay in their homes as their needs change. No development above ground floor slab level (excluding demolition) shall commence on site until a compliant housing mix schedule has been submitted and details of which properties are to be built to such standards are submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON: To ensure an appropriate co-ordinated high quality form of development and to accord with Policy 2 of the Oakley and Deane Neighbourhood Plan 2011-2029 and Policies CN1 and CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Housing Mix and Lifetime Mobility Standards Supplementary Planning Document. Details are required in the absence of accompanying the planning submission.

16. No development above ground floor slab level shall commence on site until a fully

detailed lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include full lighting specifications and address the cumulative effects of external lighting sources upon nocturnal animals sensitive to external lighting (principally bats). The lighting shall be installed before the development is first occupied and shall thereafter be operated and maintained in

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accordance with the approved scheme. REASON: In the interests of the amenities of the area and potential impact upon foraging bats in accordance with Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011-2029. Details are required prior to development in the absence of being provided within the application documentation.

17. No development (excluding demolition) above ground floor slab level shall commence on site until a scheme for protecting the proposed dwellings from road traffic noise has been submitted to, and approved in writing by the Local Planning Authority. Any proposed mitigation scheme shall have regard to the Basingstoke & Deane ‘Noise assessments and reports for planning applications – Guidance note for developers and consultants’. Mitigation proposals will consider and utilise where possible, reduction in noise exposure achieved by effective site layout, building orientation, the use of physical barriers, utilising open space as a buffer, internal room configurations and any other available mitigation strategies. The following noise levels shall be achieved with mitigation in place. a) Internal day time (0700 - 2300) noise levels shall not exceed 35dB LAeq, 16hr for habitable rooms (bedrooms and living rooms with windows open*) b) Internal night time (2300 - 0700) noise levels shall not exceed 30dB LAeq with individual noise events not exceeding 45dB LAfMax (windows open*). c) Garden areas shall not exceed 55 dB LAeq, 16hr, *Where it is predicted that the internal noise levels specified above will not be met with windows open despite mitigation strategies, an alternative method of mechanical ventilation must be specified to supply air to habitable rooms with windows closed, and relieve the need to open windows for thermal comfort and overheating. Background and passive ventilators are not considered adequate for this purpose. Methods may include a system 4 MVHR with cool air by-pass, or standalone mechanical units supplying each affected habitable room. REASON: To ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029. Details are required in the absence of accompanying the planning application.

18. No dwelling shall be occupied until all the works which form part of the scheme for protecting the proposed dwellings from road traffic noise as approved by the Local Planning Authority under condition 17 above have been completed. All works which form part of the approved scheme shall be completed prior to first occupation. The approved scheme shall be thereafter maintained, unless otherwise agreed in writing by the Local Planning Authority. REASON: To ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

19. No dwelling shall be occupied until a post completion noise survey has been undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in condition 17. A method statement should be submitted to and approved by the Local Planning Authority prior to the survey being undertaken, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

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20. No development above ground floor slab level shall commence on site until details of hard and soft landscaping have been submitted to and approved in writing by the Local Planning Authority and shall comprise the following as a minimum:

Soft landscape details shall include planting plans, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, planting sizes and proposed numbers/ densities where appropriate. This should also include a schedule of tree planting to include the specification of tree planting pits where appropriate with details of any irrigation or drainage infrastructure, tree root barriers (if necessary) to prevent damage or disruption to any proposed hard surfacing or underground services, drains or other infrastructure (including details of the location of external lighting) sufficient to demonstrate how the development is to be serviced without conflict to proposed tree planting, with allowance for reasonable growth.

The landscaping scheme shall where reasonably practicable retain and enhance the existing boundary hedgerows which presently demarcate the site.

Hard landscape details shall include the design, type, position and scale of boundary treatments, boundary treatment materials (including finishes) and hardsurfacing materials.

A programme of landscape implementation.

The approved hard and soft landscaping shall be carried out in accordance with the approved details and implementation programme with the soft landscaping scheme to be carried out in the first planting and seeding seasons following the first occupation of the development unless otherwise agreed in writing with the Local Planning Authority. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority. REASON: Details are required in the absence of being included within the application submission and to ensure the provision, establishment and maintenance of a high standard of landscape in accordance with the approved designs and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

21. No development above ground floor slab level shall commence on site until a schedule of landscape maintenance for a minimum period of five years for landscape areas outside of demarcated private gardens has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the approved schedule unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required in the absence of being included within the application submission and to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

22. No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730; nor after 1800; Monday to Friday, before the hours of 08:00; nor after 1300; Saturdays nor on Sundays or recognised bank or public holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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23. No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or internal painting or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised bank or public holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

24. No development, unless otherwise agreed in writing by the Local Planning Authority, shall take place until full details of the ‘Western All-Purpose Principal Access’ from Station Road (U265) as indicated in principle by Dwg. No. ITB12232-GA-015 by i-Transport (dated 10/1/18) together with the associated highway alterations pursuant to an Agreement/License to be made under Section 278 of the Highways Act 1980 between the Developer and the Local Highway Authority (Hampshire County Council) have been submitted to and agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority (HCC). The approved details shall be fully constructed and made available for use before the development hereby approved is occupied or the use commence, whichever is sooner and shall be thereafter retained in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the absence of full details being provided to accompany the planning application, details are required in the interests of highway safety and in accordance with Policies 1, 3 and 4 of the Oakley and Deane Neighbourhood Plan 2011-2029 and Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

25. No development, unless otherwise agreed in writing by the Local Planning Authority, shall take place until full details of a Eastern Pedestrian and Cycle Access from Arran Close suitable for use by pedestrians, cyclists and the emergency services, including the provision of robust access control measures have been submitted to and agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority (HCC). The approved details shall be fully constructed and made available for use before the development hereby approved is occupied or the use commence, whichever is sooner and shall be thereafter retained in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the absence of full details being provided to accompany the planning application, details are required in the interests of highway safety and in accordance with Policies 1, 3 and 4 of the Oakley and Deane Neighbourhood Plan 2011-2029 and Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

26. No development, unless otherwise agreed in writing by the Local Planning Authority, shall take place until full details of North Eastern Pedestrian Access (in the vicinity of numbers 7-13 Barra Close) and the South Eastern Pedestrian Accesses (in the vicinity of Mull Close and Oban Close) as indicated in principle by the Parameters Plan (Dwg. No. SK002 Rev. J) by Savills dated 3 Nov. 17, have been submitted to and agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority (HCC). The approved details shall be fully constructed and made available for use before the development hereby approved is occupied or the use commence, whichever is sooner and shall be thereafter retained in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the absence of full details being provided to accompany the planning application, details are required in the interests of highway safety and in accordance with Policies 1, 3 and 4 of the Oakley and Deane Neighbourhood Plan 2011-2029 and Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

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27. Notwithstanding any details submitted to accompany the planning application, no development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the site has been submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall demonstrate that the surface water run-off generated up to and including the 1 in 100 year (40% climate change allowance) critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall also include details of how the scheme shall be maintained and managed after completion of the development. The approved scheme shall be implemented before the development is completed. REASON: In the absence of satisfactory details having been submitted to accompany the application to ensure that the site does not generate adverse levels of surface water run-off within an area recognised to be at risk from associated flooding in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.

28. The development hereby permitted shall not be occupied until provision for the turning, loading and unloading, and the parking of vehicles and cycles has been made within the development and the areas of land so provided shall not be used for any purpose other than for the turning, loading and unloading and parking of vehicles, unless otherwise agreed in writing by the Local Planning Authority. The access road and turning area shall be constructed to the equivalent of adoptable standards that thereafter maintained to a suitable condition to withstand repeated use by delivery vehicles or a waste collection vehicle of a minimum gross weight of 26 tonnes. REASON: In the interests of highway safety and to ensure convenience of arrangements for refuse collection in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and the Design and Sustainability Supplementary Planning Document (Appendix 6).

29.

All garages shall include the provision of minimum clear openings of 2.3 metres (for single garage doors), 5 metres (for double garage doors) between the frames of the garage doors and minimum internal dimensions of 3 metres by 6 metres (single garages) and 6 metres by 6 metres (double garages) as measured internally between the supporting walls, with a headroom clearance of at least 2.3 metres. Thereafter, the garages shall be provided in accordance with the approved details and permanently retained for the purposes of the parking of vehicles and cycles. REASON: To secure an adequate parking provision and to discourage parking on the new estate roads in order to provide safe and convenient access for all users in the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

30. No development above ground level shall take place on site until details of the refuse

and recycling storage and collection facilities have been submitted to and approved in writing by the Local Planning Authority. All dwellings shall provide for 1 number 140ltr refuse 2-wheeled bin, 1 number 240ltr recycling 2-wheeled bin and 1 number glass recycling box within their respective curtilages with a transit route between the storage and collection point not more than 15 metres carrying distance from the carriageway. The areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling. The approved details shall be constructed and fully implemented before the use hereby approved is commenced and shall be thereafter maintained in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required in the absence of accompanying the application and in the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies

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CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029. Informatives:- 1.1 1.2 1.3

The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated. This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met. The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. Please note that any information in relation to the discharge of planning obligations contained within the completed Section 106 Agreement in relation to this planning permission should be submitted to the Proactive Compliance Technical Officer, Planning Development Team, in accordance with, or ahead of, the timeframes contained therein.

3. In accordance with paragraphs 186 and 187 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

seeking further information following receipt of the application,

seeking amendments to the proposed development following receipt of the application,

considering the imposition of conditions and or the completion of a s.106 legal agreement.

In this instance:

the applicant was updated of any issues after the initial site visit. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

4. All bat species are protected under the Conservation (Natural Habitats, &c.) Regulations 2010 and the Wildlife and Countryside Act 1981 (as amended). Legal protection covers bats and elements of their habitats. A European Protected Species licence would be required in order to allow prohibited activities, such as disturbing bats

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or damaging their breeding sites or resting places, for the purpose of development. It would be advisable to contact Natural England for further information in this regard on 0845 601 4523.

5. Birds nests, when occupied or being built, receive legal protection under the Wildlife and Countryside Act 1981 (as amended). It is highly advisable to undertake clearance of potential bird nesting habitat (such as hedges, scrub, trees, suitable outbuildings etc.) outside the bird nesting season, which is generally seen as extending from March to the end of August, although may extend longer depending on local conditions. If there is absolutely no alternative to doing the work in during this period then a thorough, careful and quiet examination of the affected area must be carried out before clearance starts. If occupied nests are present then work must stop in that area, a suitable (approximately 5m) stand-off maintained, and clearance can only recommence once the nest becomes unoccupied of its own accord.

6. No vehicle must leave the site unless its wheels have been sufficiently cleaned so as to minimise mud being carried onto the highway. Appropriate measures, including drainage disposal, must be taken and retained for the construction period. Non-compliance may breach the Highways Act 1980.

7. Consent under the Town and Country Planning Acts must not be taken as approval for any works carried out within or over any footway, including a Public Right of Way, carriageway, verge or other land forming part of the publicly maintained highway. The development will involve works within the public highway. It is an offence to commence those works without the permission of the Local Highway Authority. In the interests of highway safety the development must not commence on-site until permission has been obtained from the Local Highway Authority authorising any necessary works, including street lighting and surface water drainage, within the publicly maintained highway. Public Utility apparatus may also be affected by the development. Contact the appropriate public utility service to ensure agreement on any necessary alterations. Advice about works within the public highway can be obtained from Hampshire County Council’s Area Office, telephone 0845 603 5633.

8. Design standards for the layout of residential estate roads including the provision of highway surface water drainage systems are provided with Hampshire County Council’s (HCC) residential design guide “Companion Document to Manual for Streets” and associated guidance provided by the below link: HCC Website - Information for Developers http://www3.hants.gov.uk/engineering-services/developer-information.htm For further information please contact HCC’s Highways Development Planning team (Tel: 01962 846877, e-mail: [email protected])

9. The applicant/developer should enter into a formal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk.

10. A formal connection to the water supply is required in order to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk.

11. The supporting Flood Risk Assessment indicates that wastewater disposal may be

assisted by an onsite sewerage pumping station. It is advised that the site layout

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prepared for any reserved matters application should not place any habitable room any closer than 15m to the boundary of the proposed pumping station site due to the potential vibration, noise and odour likely to be generated.

12. This Decision Notice must be read in conjunction with a Planning Obligation completed

under the terms of Section 106 of the Town and Country Planning Act 1990 (as amended). You are advised to satisfy yourself that you have all the relevant documentation.

13. This Decision Notice must be read in conjunction with an Highways Agreement

completed under the terms of Section 278 of the Highways Act 1980 (as amended). You are advised to satisfy yourself that you have all the relevant documentation.

14. The Tree Protection Plan should be drawn up to reflect the current British Standard BS 5837 2012 'Trees in Relation to Design, Demolition and Construction'. Further helpful advice is contained in the council's adopted Landscape and Biodiversity Supplementary Planning Document (2008).

15. The applicant is given encouragement to consider the recovery of minerals (e.g. during

site preparation or from trenches/footings for buildings, roads and utility infrastructure) which could be put to beneficial re-use on or off site. Further information on Hampshire County Council’s approach to safeguarding minerals can be found in the adopted Minerals and Waste Safeguarding in Hampshire Supplementary Planning Document, which can be found on our website: http://www3.hants.gov.uk/mineralsandwaste/planning-policy-home/hmwp-spds.htm.

16. The applicant is advised that details to be submitted to fulfil pre-commencement

planning conditions attached to this outline planning permission must have the content and detail sitting consistent with any reserved matters approval.

17. The Applicant is advised that accessibility and adaptability standards are achieved by

meeting requirement M4(2) or M4(3) of the Building Regulations 2015 or any subsequent government standard.

18. If this development will result in new postal addresses or changes in addresses,

please contact the council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can be found on the council's website.

19. The applicant is reminded that although planning permission has been granted for

the development this permission does not give the applicant the right to encroach on land not within their control unless and until the consent of the landowner has been obtained. The applicant is also reminded that planning permission has only been granted for the development on the approved plans, and if alterations are proposed then they should approach the Head of Planning and Development before commencing development.

20. The lighting scheme secured by condition 16 shall be designed having regard to

lighting guidelines produced by the Bat Conservation Trust and shall not include any bare bulbs or lights pointing in an upward direction.

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Location plan

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Illustrative Masterplan

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Site Access Proposal

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Minor Applications Cttee: 7 February 2018 Item No. 2

Application no: 17/02580/FUL

For Details and Plans Click Here

Site Address Unit 1 And 3 Weybrook Farm Aldermaston Road Sherborne St John Basingstoke

Proposal Change of use of agricultural store to commercial B8 use

Registered: 3 August 2017 Expiry Date: 6 November 2017

Type of Application: Full Planning Application

Case Officer: Trevor Campbell-Smith 01256 845661

Applicant: Mr Harold Hatt Agent: Ian Lasseter

Ward: Sherborne St. John Ward Member(s): Cllr Tristan Robinson

Parish: SHERBORNE ST JOHN CP

OS Grid Reference: 461540 154872

Recommendation: the application be APPROVED subject to the conditions listed at the end of this report.

Reasons for Approval 1. The proposed development would preserve the landscape character and scenic

quality of the area and as such is considered to accord with the National Planning Policy Framework (March 2012) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

2. The development would not cause an adverse impact on highway safety and adequate parking would be provided to serve the proposed development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3. The proposed development would not result in an undue loss of privacy or cause

undue overlooking, overshadowing, overbearing or noise and disturbance impacts to the occupiers of neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

General Comments This application is brought to the Development Control Committee due to the number of objections received and the Officer's recommendation for approval in accordance with the council’s scheme of delegation. Planning Policy The application site lies outside of any recognised Settlement Policy Boundary (SPB) and is therefore within an area designated as countryside. Therefore, the proposal will be considered against the countryside, design and amenity policies of the Council's Local Plan.

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National Planning Policy Framework (NPPF) (March 2012) Core Principles - Achieving Sustainable Development Section 1: (Sustainable Development) Section 3: (Supporting a Prosperous Rural Economy) Section 4: (Promoting Sustainable Transport) Section 7: (Requiring Good Design) Section 11: (Conserving and Enhancing the Natural Environment) Annex A: Decision Taking Basingstoke and Deane Local Plan 2011-2029 (saved policies) Policy EM1 (Landscape) Policy EM4 (Biodiversity) Policy EM10 (Development Control) Policy EM12 (Pollution) Policy EP2 (Employment Land and Premises (B-Use Classes) Policy EP4 (Rural Economy) Policy CN9 (Transport) Description of Site The application site comprises two agricultural buildings of block and timber and metal clad construction located in an existing cluster of similar buildings. The site is accessed via a private way to the A340 Aldermaston Road and the site is enclosed to the south and northwest by an earth bund beyond which lies agricultural land and a golf course. There are hard-surfaced parking and turning areas to the north and northwest. Proposal This application seeks the change of use of the buildings from their existing agricultural use to a use for a B8 storage use with external circulation and parking. Amendments On the 11 October 2017 the applicant agent confirmed that this application should be considered as an application for a change of use to a B8 use only Consultations Sherborne St John Parish Council: Comments “This application is obviously of great concern to local residents whose whole enjoyment of their properties will be affected by such a change - could you please grant an extension to any decision to allow the Parish Council to have time to consider all the implications involved as it is the summer recess at present & this is an application that keeps being made & refused. I know the PC are rather bothered by this continuous applications for what is a major change of use so close to houses. I would appreciate if you could delay till the sept meeting on 25th if possible. Can you also give me information re Environmental Health / impact assessment - is one needed & has it been carried out & could we have the results for the PC to consider.” Local Highway Authority: Objection, further information required.

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Environmental Health Officer: Objection, Noise impact assessment required. HCC Rights of Way Officer: Objection. Public Observations Four objections have been received with regard to this application raising the following concerns (in summary):

Development will lead to increased noise and disturbance to neighbours from vehicles.

Increased light pollution from vehicle movements.

Operations associated with the use will occur at unsociable hours and hours of operation should be restricted.

The use will lead to a loss of privacy to neighbours.

The proposal will lead to damage to wildlife.

The property has been used incorrectly in the past.

The proposal will lead to dangers to footpath and Bridleway users.

Has an EIA been submitted? Relevant Planning History 14/03729/RET Change of use for agricultural building to B8

storage with external circulation and parking; alterations to the existing access track (Retrospective) – Unit 2.

Allowed at Appeal

23.02.2016

14/02908/GPDAG Notification of proposed change of use of agricultural building to B8 storage – Units 3 and 4.

Withdrawn 28.10.2014

15/03266/GPDAG Prior notification for change of use from

agricultural buildings to flexible commercial use under Class R – Units 3 and 4.

Withdrawn 04.11.2015

17/00506/GPDAG Notification of proposed change of use of

agricultural building to be used as flexible B1 or B8 Use (commercial storage) – Unit 4

Granted 10.04.2017

Assessment Planning History of the site Retrospective planning permission for the conversion of Unit 2 at this site was refused planning permission in August 2015 under reference 14/03729/RET due to the absence of a noise impact survey to assess the noise impact of the development on neighbours. An appeal against this refusal was allowed by the Planning Inspector in February 2016 and costs awarded against the council. Details of the Inspectors findings are discussed within the Impact on Neighbouring Amenities section of this report.

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Principle of Development In accordance with the adopted development plan, the site is located outside of any Settlement Policy Boundary (SPB) and is therefore within the part of the borough which is designated as countryside as per Policy SS1 of the Local Plan. Within the countryside it is the intention to maintain the existing open nature of the landscape, to prevent the coalescence of settlements and resist the encroachment of development into rural areas. Development in the countryside is generally restricted however provision is made to support the rural economy in order to create jobs and prosperity with the NPPF (paragraph 28) encouraging Local Planning Authorities to support the sustainable growth and expansion of all types of businesses and enterprises in rural areas. Locally Policy EP4 of the Local Plan supports development proposals for economic uses in the countryside provided they meet certain criteria, where they:

a) are on Previously Developed Land; or b) are for a change of use or conversion of a suitable permanent building; or c) are for a replacement building that is not temporary in nature or for an extension to

an existing building; or d) enable the continuation or expansion of a business or enterprise. Including a farm

diversification scheme; or e) is for a small scale new business, provided it is not in an isolated location.

Furthermore development proposals must be well designed and of a use and scale that is appropriate to the site and locality, including the impacts on the local highway network, the likely volume of traffic movements and environmental impacts. In addressing the requirements and criteria of Policy EP4, it is notable that the wording of Policy EP4 does not require each and every stated criteria to be met, as indicated by the use of the word “or” after each of the criteria. In this regard criterion a) is not met by this proposal as the existing buildings are in an agricultural use, and as such are specifically excluded from the definition of Previously Developed Land in Annexe 2 of the NPPF. Criteria b) and c) cited above are however both met whereby the existing buildings are both capable of accommodating the proposed change of use to Class B8 with these buildings being of permanent construction with no extension or alteration to the buildings required. In considering criteria d) the development has been not been demonstrated to enable the expansion of a business nor to form part of a farm diversification scheme therefore criterion d) is not met. Finally, criterion e) requires that the proposal is for small scale enterprise and that the site is not in an isolated location. Given the scale of the site and the buildings subject of this application, it is considered that the scale of the any enterprise occupying the units would be small in scale. In terms of the isolation or otherwise of the site, it is noted that the site is immediately adjacent to the A340 and is at the mid-point between the Settlement Policy Boundaries of Sherborne St John to the north east and Basingstoke Town to the south east, both 400 metres distant. Given the location and the good public transport links along the A340 is considered that the site is not in an isolated location. As the proposed development satisfies criteria b), c) and e) of Policy EP4 of the Basingstoke and Deane Local Plan 2011-2029, it is considered that the principle of the proposed development in this location is acceptable. The impact of the proposal on landscape character and amenity, accessibility and highway safety is considered below having regard to other relevant policies of the Local Plan.

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Permitted development The reuse of these agricultural buildings has been subject to previous applications seeking prior approval for changes of use under permitted development rights for storage (Class B8) or flexible commercial uses. These applications were withdrawn whereby the criteria afforded to these determinations under the Town and Country Planning (General Permitted Development) (England) Order 2015 were not met with particular regard to the thresholds addressing the cumulative level of floorspace which would be created when considering the agricultural unit as a whole. This has regard to the extant unit (Unit 4) together with the unit approved at appeal under 14/03729/RET (Unit 2). The threshold for permitted development for changes of use against the relevant parts of the legislation sits at 500m2 (gross internal area) whereby at 1047m2 the threshold for permitted development would have been exceeded thus requiring an application for planning permission. Impact upon the character of the area. The site is situated in the countryside outside of the Settlement Boundary, within an area rural in character with Policies EM1 and EM10 relevant for considering the impact upon the character of the area. Given the position at the end of the private access lane, the site is surrounded by open fields and enclosed by bunds to the south and northwest thus it appears quite remote. The buildings themselves are not proposed to change in appearance as a result of this proposal and retain the appearance of agricultural barns. As such it is considered that the proposal would not have a significant detrimental impact on the amenity of the area. Furthermore, given the existing authorised use of the buildings, it is noted that the movements of agricultural machinery and associated vehicles to and from the site could take place with no need for any additional permission. As such it is considered that the scale of the commercial use proposed, even when taking that already approved at the site would not result in significant detrimental impacts on the rural character of the surroundings or the wider area given that the site is largely contained within a bund. The proposal therefore accords with Policies EM1 and EM10 of the Local Plan. Impact upon neighbouring amenities Policy EM10 (b) of the Local Plan gives consideration to providing a high quality of amenity for the occupants of new development as well as neighbouring properties with respect to issues such as amenity, privacy, daylight and sunlight. Policy EM12 also gives consideration to avoiding noise impacts which would harm living and working conditions or the enjoyment of the built and natural environment. This seeks to ensure that noise pollution does not give rise to significant adverse impacts on health and quality of life or harm to areas that are relatively undisturbed by noise. The proposed change of use of these buildings will lead to no external changes to the structures and as such there would be no impact on the amenities of neighbours in terms of loss of light overbearing or overlooking impacts. Concerns have however been raised in letters of objection relating to noise and disturbance impacts to neighbours as a result of vehicle movements and employment activities. Locally, the site is not divorced from a level of background noise generated by activities within the area as well as vehicular movements on the public highway. The site is located 46 metres from the rear boundary of 16 Aldermaston Road being the closest dwelling to the northwest. The Environmental Health Officer has also raised an objection to the proposal in this regard, requesting the submission of a Noise Impact Assessment. A similar objection and concerns were raised in respect of the application made under reference 14/03729/RET and formed the reason for the refusal of that application. In response, the Inspector stated that,

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"unlike the measurement and regulation of noise from machinery and industrial processes, I consider that it would be difficult to draw firm conclusions from noise assessments of vehicles accessing the storage building, given the potential different patterns of vehicles arriving and leaving the premises, depending on the specific user of the building, and different patterns of use and activity, including taking into account other vehicular users unrelated to the appeal building. I agree with the Council that unrestricted use of the storage building could interfere with the living conditions of the nearby residents. However, I consider that a restriction on the hours of operation would be an appropriate means to protect the living conditions of the nearby residents, together with other conditions to control the operation of the use. In reaching this view I have taken into account the general location of the site and the background noise from the A340, as well as the other activities in the general area including use of at least one of the buildings for agricultural purposes and activities associated with the land to the rear."

In allowing the appeal in relation to 14/03729/RET the Inspector imposed conditions which restricted the hours of operation at the site to 0700 to 1800 Monday to Fridays, 0800 - 1300 Saturdays and at no times on Sundays and Bank Holidays. A further condition restricted any outdoor storage at the site. Given the conclusions of the Planning Inspector, it is considered that it would be unreasonable to refuse planning permission for this current proposal on noise grounds whereby the concerns could be mitigated through planning conditions. Consistent with the approach taken by the Inspector, it is considered both reasonable and necessary in respect of this application to address the cumulative impacts of three units (in total) in Class B8 by again imposing conditions to restrict operating hours, and to also prevent outdoor storage within this decision. With the conditions in place, the proposal accords with Policies EM10 and EM12 of the Local Plan. Highway and Parking Issues Policy CN9 (Transport) requires that highway movements are not of an inappropriate type or level as to compromise highway safety with safe and convenient access for potential users and with a compatible on site layout with appropriate parking and servicing provision. The need for appropriate parking is additionally reflected within Policy EM10 with respect to ensure that the amount, design, layout and location accords with parking standards. In considering this application, the Local Highways Authority has raised objection to this proposal on the basis of a lack of information regarding the adequacy of the access to and egress from the site, the overprovision of parking, and the intensification of the use of the site. Notably, however, no highway objection was raised with regard to the application approved at appeal under 14/03729/RET. The Highway Officer in that instance raised no concerns with regard to the adequacy of the access for the anticipated vehicles associated with a B8 use or the dimensions or geometry of the access within the site. The access to the site and the internal layout of the access in the current application exactly matches that approved under 14/03729/RET. As such it is considered that, given the set back of the access relative to the A340, and the fact that this access has been considered acceptable for the types of vehicles associated with a B8 use in the previous application, a reason for the refusal of the application based on a failure to demonstrate the suitability of the access could not be substantiated in this instance. The level of B8 accommodation applied for in this application would increase at the site by and would require the provision of 12 parking spaces. The application plans illustrate the

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provision of 17 parking spaces at the site, which represents an overprovision of 5 spaces when compared to the adopted standard. It is considered that a reason for the refusal of this application based on this level of over provision could not be substantiated and would be unlikely to be supported at appeal. It is considered that a condition requiring the provision of a minimum of 12 parking spaces to be retained at the site would be sufficient to ensure that parking provision is in accordance with the adopted standards. As such conditions requiring that access to the site be taken in accordance with the plans submitted, and securing the provision of 12 parking spaces to be retained thereafter would ensure that the proposed use could be carried out without detrimental impact on highway safety and in accordance with Policy CN9. Such conditions are therefore recommended. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- Location Plan - Block Plan

REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 The use of the buildings hereby permitted, including deliveries to and from the

building, shall not take place other than between the hours of 0700 to 1800 Monday to Fridays, 0800 - 1300 Saturdays and at no times on Sundays, public and bank Holidays. REASON: To protect the amenities of the occupiers of nearby properties and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

4 Means of vehicular access to the buildings shall be from the A340 and only via the

access route marked Existing Access as shown on the submitted red line plan (location plan). REASON: In the interests of highway safety and in accordance with the NPPF and Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

5 No article of any description shall be stored outside the buildings unless otherwise

agreed in writing by the Local Planning Authority. REASON: In the interest of the visual amenities of the area in accordance Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6 The development hereby permitted shall not be occupied, or the use commence,

whichever is the sooner, until provision for the turning, loading and unloading of vehicles and the parking of 12 vehicles has been made within the curtilage of the premises and the areas of land so provided shall not be used for any purpose other than the turning, loading and unloading and parking of vehicles, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

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Informative(s):- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if

any), must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

- considering the imposition of conditions.

In this instance:

- the application was acceptable as submitted and no further assistance was

required.

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

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17/02580/FUL

Location plan

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Block Plan

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Cttee: 7 February 2018 Item No. 3

Application no: 17/02613/FUL For Details and Plans Click Here

Site Address Green Gables Winchester Street Overton RG25 3NB

Proposal Erection of a cattery

Registered: 1 August 2017 Expiry Date: 9 February 2018

Type of Application: Full Planning Application

Case Officer: Rob Sims 01256 845304

Applicant: Mr Sygrove Agent: Mr Cooper

Ward: Overton, Laverstoke And Steventon

Ward Member(s): Cllr Ian Tilbury Cllr Colin Phillimore

Parish: OVERTON CP OS Grid Reference: 451513 148951

Recommendation: the application be APPROVED subject to the conditions listed at the end of this report.

Reasons for approval

1. The proposed development would not result in any significant impacts on the character and appearance of the area and as such is considered to accord with the National Planning Policy Framework (March 2012) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

2. The proposed development would not result in an undue loss of privacy or cause

undue overlooking, overshadowing, overbearing or noise and disturbance impacts to neighbouring properties and as such would comply with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

3. The proposed development would not cause an adverse impact on highway safety and adequate parking would be provided to serve the proposed development. As such the proposal would comply with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029.

General Comments This application is brought to the Development Control Committee at the request of Cllr Phillimore for the following reasons: “Unfortunately, I can't support this planning application.

It introduces a commercial venture into a residential area completely out of character with the surrounding bungalows.

It is contrary to policy EM10 of the Basingstoke Local Plan, which states all developments must respect the local environment and amenities of neighbouring properties.

The scale and siting of this development is wholly inappropriate for the area and will have an adverse impact on the neighbouring residential amenity.

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Additionally, there are traffic issues, with an access on a notoriously dangerous bend.

Obviously, if there is a decision to approve this planning application, then I and other objectors will attend the scheduled Development Control Meeting to defend our position.”

In addition, in accordance with the Council’s scheme of delegation, given the Officer's recommendation for approval and the number of objections received, determination of the application is required at the Development Control Committee. Planning Policy The site is located within the Overton Settlement Policy Boundary. National Planning Policy Framework (NPPF) (March 2012) Section 7 (Requiring good design) Section 11 (Conserving and enhancing the natural environment) Basingstoke and Deane Local Plan 2011-2029 Policy SS1 (Settlement Policy Boundary) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM10 (Delivering High Quality Development) Policy EM12 (Pollution) Overton Neighbourhood Development Plan Policy LBE1 (Landscape and Built Environment Character) Policy H3 (Energy Efficiency and Generation) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Non-Residential Parking Standards Supplementary Planning Document Description of Site The site comprises a detached chalet bungalow located to the west of Winchester Street. The site is landscaped at the front with parking areas in front of the property but hidden from the road. The private rear garden is located to the north of the dwelling and the land slopes away from the property. Proposal The proposal is for the erection of a 16.0m wide x 9.5m deep cattery building to the north of the host dwelling. The cattery building would be rectangular and have a shallow pitched roof with a ridge height of 2.93m, with the eaves to the southern elevation reaching 2.77m and the northern elevation at 2.4m. The building would contain eleven pens which could house a maximum of 44no cats (up to 4 cats per pen) although the applicant has stated that occupation of each pen would be to a maximum of 2-3 cats. The proposed cattery would be retained wholly within the residential curtilage of Green Gables and would not constitute a separate planning unit given the close connection

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between the cattery and the owners of Green Gables, the proposal is considered incidental to the main residence upon the site. Amendments Amended plans have been received which show the parking areas to the front of the site. In addition the applicant has provided further additional information on the proposed appointment system, number of cats per pen and clarification of a webcam system. Consultations Overton Parish Council - Objection “It was agreed that this was not the location for a cattery of any size but especially one that took up 50% of the back garden. There was also concerns about the situation of a commercial enterprise right in the middle of this residential area (due to the nature of the site, the proposed cattery would directly affect six neighbours) - this was considered to be inappropriate. Page 30 of the Overton Neighbourhood Plan stated that a key issue for working is that 'employment sites must for used and on a scale appropriate to the context of Overton'. In addition a number of other neighbours on the opposite side of the road (on higher ground) would have a view of the building due to its height. There were concerns with the location of the property on a bend in Winchester Street. The property had little off street parking and there was only a pavement down one side of the road. It was inevitable that cars would park outside the property (possibly on the pavement) and this was a cause for concern. In addition any access and egress in this part of Winchester Street could be dangerous. There were also environmental concerns with regard to noise and the removal of waste - as the weekly wash out would produce a lot of effluent. It was felt that a cattery in this location was unreasonable and unacceptable and the parish council urged the planning officer to visit the site to fully understand how unsuitable the location was.” Environmental Health Officer: No objection subject to conditions. Local Highway Authority: Verbal comments received which raised no objection subject to improvements to the visibility splays and widening of the site access. Public Observations 21 letters of objection have been received which are summarised as follows:

This residential area is not suitable for a cattery.

Proprieters will not take care of the environment.

Development conflicts with the Neighbourhood Plan and would not ‘improve the quality of life in the Parish.’

Development would change the character of the area and set an unwelcome precedent.

Development would result in noise and odour issues.

Overdevelopment of the site and no access for maintenance would be provided.

Development would result in waste management and sewerage issue.

Traffic management mitigation is not achievable.

Development would result in parking and highway safety issues and would encourage parking on the road.

The access is already constrained due to the poor visibility north and south.

The use of CCTV would result in the loss of privacy to neighbouring properties.

Provision of 12 rooflights would result in light pollution and impact on biodiversity.

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No opening times are specified.

Development would affect house sales. Relevant Planning History None. Assessment Principle of development The application site is located within the Settlement Policy Boundary where the principle of new development is acceptable, provided it is appropriate to its context. The vision for Overton outlined within the Neighbourhood Plan is to 'conserve and enhance the things people value most about living in Overton', and 'to do all in our power to improve the quality of life in the Parish.' Page 30 of the Overton Neighbourhood Plan also states that 'employment sites must be used and on a scale appropriate to the context of Overton.' Furthermore Policy LBE1 of the Neighbourhood Plan states: 'Development proposals should demonstrate, where appropriate, that they conserve or enhance the character of the landscape and built environment.' The proposed cattery would introduce an activity into an area that currently does not contain any such use. Whilst this is a new use to the area, it would be self-contained, managed and operated by the owners of Green Gables; as such the proposal would not have any significant impacts upon the character of the wider area or the streetscene. Furthermore the cattery would not result in a separate planning unit but be retained within the existing curtilage of Green Gables and be incidental to the host dwelling. Impact on the character of the area/design Policy EM10 states that proposals will be required to respect the local environment, contribute to the streetscene, be visually attractive and provide adequate vehicular parking. Policy EM10 also requires developments to provide high levels of amenity for neighbouring occupiers regarding privacy, amenity space and natural light. Policy EM10 is discussed within the below report. The proposed development involves the provision of a 16.0m wide x 9.5m deep x 2.93m high single storey cattery building located parallel to the rear boundary of the site and would replace a raised planting bed. It is acknowledged that the proposed cattery building would have a sizeable footprint within the application site, but would be comparable to other domestic outbuildings seen within the immediate area. Furthermore, the proposal is only marginally higher (0.4m) than that which could be constructed without planning permission under permitted development rights (i.e. up to 2.5m in height and covering up to 50% of the garden). It is therefore considered that the proposal would not result in a visually obtrusive or out of keeping feature of the area and is acceptable as an incidental outbuilding to the residential use of the site. On this basis, subject to receipt of further details regarding the roofing and elevation materials, the proposed cattery building is compliant with Policy LBE1 of the Overton Neighbourhood Plan and Policy EM10 of the Local Plan. Impact on neighbouring amenities Policy EM10 (b) of the Local Plan gives consideration to providing a high quality of amenity with respect to issues such as amenity, privacy, daylight and sunlight. Policy EM12 also gives consideration to avoiding noise impacts which would harm living and working conditions or the enjoyment of the built and natural environment. This seeks to ensure that

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noise pollution does not give rise to significant adverse impacts on health and quality of life or harm to areas that are relatively undisturbed by noise. The proposed building would be located along the northern boundary of the site, which backs onto the neighbouring curtilages of Hillcroft, Faenza, Whitehaven and Tall Chimneys. The proposed cattery building itself (considered separately from the proposed use) would not give rise to detrimental visual harm due to its modest height and shallow pitched roof design. The rear of the building (northern elevation) would be 2.4m in height and the highest point being 2.93m towards the front of the building. This height (to the rear) is lower than what could be built under permitted development (2.5m), which is a factor for consideration when assessing the visual impact of the development on the immediate neighbours in terms of overlooking and overshadowing. On this basis it is considered the proposal would not lead to an overbearing relationship, adverse overshadowing or a loss of privacy or outlook that would justify a reason for refusal on these grounds. Within the representations received, a number of concerns have been raised with regards to possible noise relating to a proposal of this nature, in particular cats meowing from within the building and the subsequent impacts upon the wider area and the amenity of neighbouring residential properties. As part of this application, the Environmental Health Officer was consulted and has raised no objection to the proposed cattery in terms of the noise from the proposed development but has suggested conditions with regards to the hours of construction and delivery of materials and submission of noise insulation details. Given that no objections are raised by the Environmental Health Officer, the proposal is considered to be acceptable in this regard. Public concerns were also raised with regards to the level of waste that would be produced within the cattery, however, the Environmental Health Officer has raised no objection to the proposed cattery in terms of waste. The storage of the waste within the unit, prior to disposal, should be within in a secure area. The disposal of the waste would need to comply with S.34 1(c) of the EPA 1990, in that any waste produced should only be transferred by an authorised person or to a person for authorised transport purposes and that the transfer includes a written description of the waste. This has been added as an informative to the applicant to advice of their responsibilities relating to the disposal of waste. Highways and Parking Policy CN9 sets out that development should provide appropriate on-site parking and should not result in inappropriate traffic generation or compromise highway safety. Policy CN9 is discussed within the highways section of this report. The application site is located on the western side of Winchester Street, which is a classified public highway. The existing access to the site would be used to serve the host dwelling and the proposed cattery. The proposed cattery would increase the current trip generation to the site. Following the original submission, additional information has been supplied. Firstly, it has been clarified that the total number of cats using the cattery at any one time would not exceed 22 cats (two cats per pen), and this can be controlled by way of a planning condition. The restriction in total numbers would lessen the requirement for additional parking on the site, especially when coupled with the applicant's intention to use an appointment only service which would ensure that only one client is present on site at one time. The amended block plan submitted in support of the application indicates parking on the site for two further vehicles which are to be used for the dropping off and collecting of the cats. A condition can be imposed to this permission to ensure the car parking is contained within the site and parking is retained, in the interests of highway safety. The Highway Officer has also recommended that improvements could made to the visibility when exiting the site by trimming back the existing landscaping to the north. Furthermore the existing access could

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be widened by removing the existing boundary wall, which would allow for two cars to pass in the event that there is a crossover of appointments. The views of the Highway Officer are agreed and these improvements could be secured through appropriately worded conditions. The appointment only service would limit the number of customer visits a day. The booking arrangement would aid the business in planning for each working day and allow for the management of vehicle arrivals and vehicle parking that would minimise impact of traffic on Winchester Street and avoid a concentration of vehicle movements. Furthermore the applicant has stated that their opening hours would mirror an existing example in Basingstoke, in a residential area, where the opening hours are 09:00-12:00 and 16:00-18:00 Monday to Friday. In having regard to the very recent grant of planning permission for a cattery at Cob Cottage, Pamber End (17/01568/FUL) in January 2018, opening hours were controlled by condition to be between 9.30am to 4.30pm Monday to Saturday and with no appointments on a Sunday or Bank Holiday. In the interests of consistency, neighbour amenity and highway safety, it would be reasonable to repeat these opening hours, which would also avoid drop off and collection during peak travel times. Within the representations received, a number of concerns have been raised with regards to the possible highway safety impacts of the proposed development. In addition concerns have also been raised with regards to the parking issues within the application site and on the surrounding highway network, and that the surrounding highway network would not be negatively affected by the proposed development. As such, whilst the concerns to the proposed development with regards to highway safety are acknowledged, given the additional information submitted in support of the application and subject to the imposition of conditions, it is considered that the proposal would not cause a material change to the highway in terms of safety or vehicle movements. No objections are raised on the grounds of highways and the proposed development is considered to be acceptable in this regard in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029. Other matters - Precedent

Concerns have been raised that the development would set a precedent for similar development. Notwithstanding the general principle of development within the residential area as being acceptable, each application would be assessed on its own merits, especially with regard to the impact on the character and appearance of the area, highway safety and impact on neighbouring properties. Therefore there is no guarantee that any similar application would be automatically considered favourably. - Light Pollution and biodiversity

Concerns have been raised by third parties regarding the amount of rooflights within the cattery building and that this would cause light pollution and disturb biodiversity. The site lies within a residential area whereby it is not considered to be unusual that an outbuilding would contain rooflights or exhibit light. On this basis the proposals are considered to be acceptable and would not result in significant disturbance to neighbouring properties or biodiversity. - House Sales

Third parties raise concerns that the development would affect house sales. The positive or negative impacts of developments on land values elsewhere is not a material planning consideration and therefore not relevant to the assessment of this application.

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Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- Site Location Plan and Block Plan – drawing number 325_SL/01 REV A - Proposed Elevations - drawing number 325_S4/02 REV A - Proposed Plans Ground and Roof – drawing number 325_S4/01 REV A

REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and to prevent an accumulation of unimplemented planning permissions.

3 The materials to be used in the construction of the external surfaces of the

development hereby permitted shall match, in type, colour and texture those on the approved plans and application forms unless otherwise agreed in writing with the Local Planning Authority. REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.

4 The cattery hereby permitted shall be available for the use by customers between the

following hours; Monday - Saturday 09:30 - 16:30 hours. Outside of these hours the site shall only be used by staff taking care of the animals or by visits required relating to emergency medical care of the animals that are boarded at the site. REASON: In the interests of the amenity of occupiers of nearby dwellings in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.

5 No work relating to the construction of the development hereby approved, including

works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor at any time on Sundays or recognised bank and public holidays, unless otherwise agreed in writing by the Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.

6 No deliveries of construction materials or plant and machinery and no removal of any

spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor at any time on Sundays or recognised bank and public holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.

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7 The application site area, including the cattery building shall be used solely for cats and cat-related activities, the total number of cats boarding in the building hereby approved shall not exceed 33 at any one time. REASON: To limit the number of cats and associated movements in the interest of highway and residential amenity, in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LBE1 of the Overton Neighbourhood Plan 2016-2029.

8 Development shall not commence until provision for the turning, manoeuvring and

parking of vehicles within the curtilage of Green Gables have been carried out in accordance with approved Drawing No 325_SL01 REV A. The facilities shall not thereafter be used for any purpose other than turning, manoeuvring and parking of vehicles within the site. REASON: In order to ensure adequate on-site turning, parking and cycle storage provision for the approved building in the interests of highway safety and in accordance with the Residential Parking SPD and Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

9 The cattery use hereby approved shall remain incidental to the residential use at

Green Gables (as identified within the area outlined in red) and shall not be sold off, sub-let or operated by any persons whose primary residence is not Green Gables. REASON: In the interests of highway safety, access, parking and to protect the amenities of the occupiers of Green Gables in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

10 Notwithstanding the provisions of Article 3 of the Town and Country Planning

(General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no building, structure or other alteration permitted by Class A, B, C and E of Part 1 of Schedule 2 of the Order shall be erected on the application site without the prior written permission of the Local Planning Authority on an application made for that purpose. REASON: To prevent the overdevelopment of the site in the interests of the amenity of the area and to safeguard the amenities of the adjoining properties, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

11 The development hereby approved shall not be occupied or brought in first use,

whichever is the sooner, until details of improvements to the visibility splay to the north east and widening of the existing site access have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter retained in accordance with the approved details. REASON: In the interests of highway safety and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any),

must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

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1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

Seeking further information following receipt of the application;

Seeking amendments to the proposed development following receipt of the application;

Considering the imposition of conditions

In this instance:

The applicant was updated of any issues after the initial site visit,

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

3. The disposal of the waste would need to comply with S.34 1(c) of the EPA 1990, in that

any waste produced should only be transferred to an authorised person or to a person for authorised transport purposes and that there is transferred such a written description of the waste.

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Location plan

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Block Plan

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Proposed Elevations

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Proposed Floor Plan

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Proposed Roof Plan

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Cttee: 7 February 2018 Item No. 4

Application no: 17/02835/FUL

For Details and Plans Click Here

Site Address Mapledurwell Barn Tunworth Road Mapledurwell RG25 2LG

Proposal Erection of 1 no .4 bed dwelling and associated amenity area and parking following demolition of existing storage barn.

Registered: 23 August 2017 Expiry Date: 8 December 2017

Type of Application: Full Planning Application

Case Officer: Stephanie Baker 01256 845578

Applicant: Mr A. Culver Agent: Ian Lasseter

Ward: Basing Ward Member(s): Cllr Onnalee Cubitt Cllr Sven Godesen Cllr Paul Gaskell

Parish: MAPLEDURWELL AND UP NATELY CP

OS Grid Reference: 468602 151139

Recommendation: the application be APPROVED subject to the conditions listed at the end of this report.

Reasons for Approval 1. The redevelopment of this B8 commercial storage yard would encourage the effective

use of land by re-using land which is not of high environmental value and that has been previously developed (brownfield land). As such the development would accord with Policy SS6 to achieve the aims of sustainable development in accordance with the National Planning Policy Framework (March 2012).

2. The proposed development would be of an appropriate design and relate to surrounding development in a sympathetic manner and as such complies with Sections 7 and 12 of the National Planning Policy Framework (March 2012), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3. The proposed development preserves the character of the Mapledurwell Conservation Area and setting of nearby designated and non-designated heritage assets and as such complies with Section 12 of the National Planning Policy Framework (March 2012) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

4. The proposed development would not result in undue overlooking, overshadowing, overbearing or noise and disturbance impacts to occupiers of neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

5. The development would not cause an adverse impact on highway safety and adequate parking would be provided to serve the proposed development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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General comments The application is brought to the Development Control Committee in accordance with the Council's Scheme of Delegation given the Officer's recommendation for approval and the number of objections received. Planning Policy The site lies outside of any Settlement Policy Boundary, within the Mapledurwell Conservation Area. National Planning Policy Framework (NPPF) (March 2012) Core Principles - Achieving Sustainable Development Section 6 (Delivering a wide choice of high quality homes) Section 7 (Requiring good design) Section 11 (Conserving and enhancing the natural environment) Section 12 (Conserving and enhancing the historic environment) Annex A: Decision Taking. National Planning Practice Guidance Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Presumption on Favour of Sustainable Development) Policy SS6 (New Housing in the Countryside) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Mapledurwell Conservation Area Appraisal 2004 Appendix 4 of the Design and Sustainability Supplementary Planning Document 'Conservation Areas' 2008 Appendix 14 of the Design and Sustainability Supplementary Planning Document 'Countryside Design Summary' 2008 Residential Parking Standards Supplementary Planning Document v.2012 Other material considerations The Community Infrastructure Levy (Amendment) Regulations 2015 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Description of Site The site comprises an area of land positioned to the south of Tunworth Road, within a settlement (Mapledurwell) and between residential developments in a ribbon pattern along the highway. The site is currently laid to grass and contains a detached B8 storage shed of blockwork elevations and sheet roof construction. The site is enclosed by a combination of

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low-level timber fencing and vegetation. The site is accessed via a gated vehicular access from Tunworth Road. Proposal The proposed development is for the erection of a single four-bedroom dwelling, creation of parking and amenity space following the demolition of the existing storage barn. The proposed dwelling measures 10.8 metres in width, 10.7 metres in depth and 7.9 metres in height. The proposed materials for the development are brickwork elevations, clay tiled roof and timber openings. Consultations Mapledurwell and Up Nately Parish Council: Comments “Although there is a covenant against building on this land and the garage should have been removed 36 years ago on the original land purchase, the Parish Council understands that this has no bearing on current planning decisions. It is a legal matter outside the Basingstoke and Deane Borough Council (BDBC) Planning Department's remit. The licence for lawful use for storage in and parking in front of the garage was granted as there was clear evidence that it had been used regularly and continuously for at least 10 years no matter what its history. On consultation with the planning officer assigned to this application, the Parish Council understands that the garage and parking space in front are now classified as B8 developed land. The rest of the plot, which was deemed agricultural land, is being considered for inclusion in this classification. If it is, then planning permission for a house to be built on it could be allowed, provided all other planning considerations are in agreement. The Parish Council has consistently been against infilling in the parish, particularly in the Conservation Area. It has a duty to protect the Conservation Area's appeal of open views, scattered houses and rural character and is concerned that no precedent is set to undermine this. The garage is unsightly and does not enhance the area. However, building a house on this site would create a continuous line of housing and thus take away the scatter pattern. If BDBC does decide to allow development of the site then the Parish Council wishes to see a modified design. The current proposal is for a Victorian Gothic building, which is out of keeping with the architecture of the village and would dominate its neighbours with its appearance and size.” Biodiversity Officer: No objection. Conservation Officer: No objection subject to conditions. Environmental Health Officer: No objection subject to conditions. HCC Archaeologist: No archaeological issues. Landscape Officer: No objection subject to condition. Legal Officer: Lawful Development Certificate for storage use is valid.

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Local Highway Authority: Standing advice applicable. Public Observations 14 letters of objection received, summarised as follows; - Principle

Barn could be used for commercial uses to help the community thrive with a mixed economy

Barn was due to be demolished

Closure of Enforcement Case did not fulfil the legal responsibilities

Failure to act on enforcement

Illegal development of land

Lawful Development Certificate invalidly granted, should be withdrawn by LPA

Lawful Development Certificate was clear regarding the extent of barn and parking area used for commercial, with the remainder of the land being agricultural

No proven need or reason for a dwelling on the site

No publicity for the previous Lawful Development Certificate

No Settlement Policy Boundary – countryside

Previous negative planning history on the site

Previous refusals elsewhere in the village of a similar nature

Proposal not in the wider interests of the local area

Site not known as Mapledurwell Barn locally, address is a misrepresentation of the structure

Site notice stated a departure from the Local Plan

Wider implications to other sites in village and set a precedent. - Appearance

Conservation Team comments ill-judged

Detrimental to the general appearance of the area

Failure to preserve and enhance the setting of the Conservation Area

Harm to visual amenity

Increased footprint compared to Lawful Development Certificate

Infilling is contrary to the Conservation Area

Introducing a new dwelling in the Conservation Area is inappropriate

Intrusive appearance

Outlook from the footpath at St Mary’s Church would be compromised.

Oversized and unsympathetic

Proposed dwelling higher than neighbouring properties

Scale, size and style out-of-keeping for the Conservation Area

Unsuitable design. - Other

Access likely to conflict with an existing property access

Existing structure could contain asbestos

If approved – conditions to restrict additional windows in western elevation should be included

Increased traffic on a narrow road

Light and noise pollution

Loss of light

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No design and access statement to identify the need

Overlooking and loss of privacy

Restrictive covenant on the land to prevent buildings or structures

Septic tank and soakaway for adjacent properties located on the site of proposed dwelling – legal rights for access and maintenance.

2 letters of support received, summarised as follows;

Addition to the local housing stock

Existing barn is an eyesore

Improvement to have a dwelling as there is an overall shortage

Landowner has undertaken previous renovations in the village of high quality

Opportunity to replace the unattractive building with an attractive dwelling. Relevant Planning History 15/03677/LDEU Application for certificate of lawfulness for

the existing use of the barn as general storage

Granted 22.12.2015

The Lawful Development Certificate (15/03677/LDEU) was determined in accordance with the relevant legislation (The Town and Country Planning Act 1990 (Section 191), The Planning and Compensation Act 1991 (Section 10) and the Town and Country Planning (General Development Procedure) Order (England) 2015. The Planning and Compensation Act (1991) introduced rolling time limits within which LPAs can take planning enforcement action against breaches of planning control. The time limits for the material change of use of land are 10 years. Once the time limit has passed, the development becomes lawful in planning terms. The Legal Officer dealing with the LDEU confirmed in their report that ‘The applicant has demonstrated on the balance of probabilities and with no evidence to the contrary that the barn has been used for general storage for a continual period of ten years.’ The Legal Officer however was of the opinion that evidence to prove a continual storage use of the entire land for the relevant time period of 10 years had not been adequately demonstrated. As such, the Legal Officer accepted a smaller portion of the external land surrounding the barn as storage use. This fact does not conclude that a lawful storage use had not been undertaken on the site for certain periods, or indeed for the relevant 10 year period, simply that the applicant had not sufficiently shown unambiguous evidence to prove this continual external use for storage for 10 years. A number of objection letters make reference to enforcement history on the site dating back to the 1980’s. The enforcement investigation EC/87/00010/DUM confirms that an enforcement notice was served on the application site on 27 March 1987 to take effect on 8 May 1987. The notice required the following steps within 1 month of the notice effect date; i) Cessation of the use of the land for the storage of building materials ii) Permanent removal of the building materials from the land. The enforcement records held by the LPA do not illustrate any further history from the date of this notice or compliance with this enforcement notice. The Lawful Development Certificate indicates the storage use was evidenced for a period of 10 years and the Council’s own, and independent Counsel advice has confirmed that the 15/03677/LDEU is valid as issued and does not require revocation or alteration.

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Assessment Principle of development The site is situated outside of any defined Settlement Policy Boundary as confirmed under Policy SD1 of the Local Plan. As the proposed residential development falls within the countryside, Local Plan Policy SS6 applies. - Previously Developed Land (PDL)

As defined by national policy and within the Local Plan (page 169), ‘Previously Developed Land’ is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. The Lawful Development Certificate 15/03677/LDEU stipulated that the storage use was not considered to extend to the whole of the site for the purposes of proving a lawful use of the land. However, in having regard to the Local Plan definition of PDL, this enables the entire curtilage of the site as currently proposed to be deemed as PDL, incorporating both the land subject of the revised site plans included on the LDEU and the remaining land within the site boundary. This approach is confirmed by the Planning Policy Team to be the correct interpretation of PDL for the purposes of the Local Plan and national policy. As the site is determined as PDL as confirmed by the site history, the relevant Local Plan Policy for consideration is SS6a. Policy SS6a states:

‘Development proposals for new housing outside of Settlement Policy Boundaries will only be permitted where they are: a) On ‘previously developed land’, provided that:

i) They do not result in an isolated form of development; and ii) The site is not of high environmental value; and iii) The proposed use and scale of development is appropriate to the site’s context’

- Isolated development The term 'isolated' has two distinct dimensions; firstly whether the site is physically remote; and secondly whether it has easy access to services and facilities. The Council's Local Plan Glossary defines isolated development in the context of new residential accommodation in the countryside as;

'…where there is a significant separation between the proposed dwelling and the nearest settlement. Additionally, a dwelling is considered to be isolated if it is not well served by public transport (e.g. within 500m of a bus stop or train station) or well served by services and facilities (e.g. within 1km of an SPB, which generally contains facilities such as school, post offices, doctors surgery, etc.)’

In terms of whether the site is 'physically’ remote,' the site lies adjacent to other residential dwellings therefore the site cannot be considered to be physically remote in its siting. The site is located within a settlement, Mapledurwell, which does not have an SPB however does have a limited number of facilities. Future occupiers of the proposed dwelling would be able to readily access The Gamekeepers Public House (200m to the north), The Monkey House Nursery School, Village Hall and sports facilities including tennis courts and football pitch (all 900m to the north) via cycle. St Mary’s Church is also located 150m to the south of

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the site. These facilities, save for the Listed Church, are all located towards the SPB of Old Basing. The Transport Officer has confirmed that cycling would be a feasible option whereas walking may be less desirable due to the highway characteristics and lack of street lighting. The HCC ‘Home to School Transport Entitlement Policy’ demonstrates that pupils under 16 years of age would have access to transport to ‘mainstream’ schools. The site is located 1.2km to the southern built-up edge of Old Basing, which is the nearest Settlement Policy Boundary. Old Basing has services and facilities pertaining to an infant school (the junior school is adjacent to the SPB but beyond it), Doctors surgery and pharmacy, 3 no. public houses, St Mary's Church, a convenience store, a village hall, a social club and an industrial park. There is a single CarShare and TaxiShare service (no.210) serving Mapledurwell and linking it to Basingstoke according to HCC information. This illustrates there is a pre-bookable service going into Basingstoke at 08:22 and returning 17:05 Monday to Friday, which would be a potential option for employment commuting. From Basingstoke there are various bus links to wider areas in and around, or indeed outside of the borough. Basingstoke also has rail links to areas such as London, Woking, Reading, Southampton and Winchester. As such, the day-to-day needs of occupants could be met in terms of accessing facilities within the Mapledurwell settlement itself and also utilising either a cycle or pre-bookable carshare/ taxishare service to access shops, education and employment facilities within nearby Old Basing. Alternatively, occupants using a cycle or pre-booked service could arrive at a bus stop 1.2km from the site (on the London Road A30 highway) where Bus Service 13 connects to Basingstoke in one direction or Hook, North Warnborough, Odiham, Alton and Liphook in the other direction. In considering new housing in rural areas, Paragraph 55 of the NPPF also advises that 'To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby.' Paragraph 55 goes on to say that Local Planning Authorities should avoid new isolated homes in the countryside unless there are special circumstances, including: essential accommodation for a rural worker...re-use redundant buildings and lead to enhancement of immediate setting...or represent innovative design.' The dwelling would not be physically isolated and as discussed would provide opportunities for access to facilities without the reliance of the private vehicle therefore would not conflict with sub criterion (a)(i) of Policy SS6. The site is not of high environmental value therefore would comply with sub criterion (ii) of Policy SS6 and the use and scale is appropriate to its context therefore it would comply with sub criterion (iii) of Policy SS6a. The proposal is therefore not considered to be isolated in this context such to comply with Policies SD1 and SS6 of the Local Plan in this respect. In consideration of NPPF Paragraph 55, it is considered that the proposal would lead to an enhancement of the immediate setting and also accord with the sustainability requirements of the NPPF. Impact on the character of the area/ design Tunworth Road is characterised by a mixture of dwelling types, from chalet-style bungalows to larger two storey dwellings and converted barns. These properties are typically sited towards the front or middle of linear plots, with varying land levels and topographical characteristics of Tunworth Road. There are a mixture of ridge heights within the surrounding street scene. The Landscape Team have been consulted and confirm that there would be impacts on the local landscape character, due to the increase in size and scale of the proposed new dwelling. However when viewed from the countryside to the south, there would be limited

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views from any public rights of way or the listed church, St Mary’s. The proposal would sit amongst existing residential development and would be an infill to the ribbon of development along this part of Tunworth Road. Any wider adverse landscape impacts could be adequately mitigated to an acceptable degree with a suitable landscaping condition. The ridge height of the proposed dwelling has been reduced from the original plans from 8.3m to 7.9m, together with an alteration to the gabled projection, which has been lowered, providing half-hipped roofs on both sides. This has resulted in a significant reduction in the proposed roof bulk and results in creation of a dwelling of a similar height to surrounding properties to the east and west. The overall footprint of the proposal is of an increased size to the existing B8 building on the site, however it appears proportionate within the proposed residential plot and has been designed to provide spacing on either side, which successfully illustrates the amount of development on the site as appropriate. The design of the proposed dwelling has been slightly altered through the submission of revised plans and together with the proposed materials palette, the appearance of the dwelling is considered to be acceptable. The proposed dwelling, by virtue of its overall scale, bulk and height is considered to be appropriate for the proposed plot in its context and within the existing streetscene such to comply with Policies EM1 and EM10 of the Local Plan. Impact to heritage assets Local Planning Authorities have a statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to preserving or enhancing the character or appearance of a Conservation Area when considering planning applications. The National Planning Policy Framework (NPPF) also states that there should be a presumption in favour of sustainable development (paragraph 14) and that when considering the impact of a proposed development on the significance of the heritage asset, great weight should be given to the conservation of the asset (paragraph 132) in the public interest. In this instance, the heritage assets for which impact upon significance requires consideration are the Mapledurwell Conservation Area (for which the application site lies within) as well as the non-designated heritage assets which are the host barn, Yew Tree Cottage and Hillside Cottage to the west as notable buildings. Whilst the proposal would result in physical change the resultant development would generate less than substantial harm to the significance, character and appearance of the Conservation Area and setting of the notable buildings to the west. Whilst the barn is denoted on the Conservation Area Appraisal Map as being notable, the Conservation Officer has confirmed that the proposal involving the loss of the current utilitarian barn would not be harmful in this respect. The proposal would not result in the total loss of any of the heritage assets or would have less than substantial harm in the public interest. Policy EM11 establishes that proposals must conserve or enhance the quality of the borough's heritage assets, which includes Conservation Areas. EM11 states that proposals will be permitted where they demonstrate an understanding of the character and setting of Conservation Areas and respect historic interest and local character and ensure the use of appropriate materials, design and detailing. In this instance, the proposal is not considered to result in harm to the character and appearance of the designated heritage asset (the Conservation Area) or the setting of the non-designated heritage assets (the notable buildings) and as the quality of the development can be ensured by way of conditions (for materials schedule and samples, together with joinery information to be submitted). It is considered the proposal would preserve the character and appearance of the Conservation Area as the designated heritage asset and

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accords with Section 72 of the Act 1990, Policy EM11 of the Local Plan and paragraph 134 of the NPPF. - Archaeology

The Hampshire County Council Archaeologist has confirmed that whilst the site lies within the historic core of Mapledurwell, a medieval village, the site seems peripheral to the key area of concern and they would not raise any archaeological issues. Impact on neighbouring amenities The proposed dwelling would result in an increased presence to neighbouring properties compared to the existing shed. The proposed dwelling design was amended which has reduced the roof bulk which would reduce the impact to adjacent neighbours. The proposal is considered to be acceptable and would not result in any demonstrable overbearing impacts to adjacent occupiers. The proposed dwelling would be sited at a distance of 14.6 metres from Cranbourne House to the east, with a side-to-side relationship and 10.1 metres from Hillside Cottage to the west, also with a side-to-side relationship. The proposed dwelling would not generate any loss of light or overlooking for occupants of neighbouring properties due to the separation distances and intervening boundary treatments. The location of openings within the proposed dwelling would not give rise to any direct overlooking of private amenity areas and achievable views of neighbouring curtilages or would be obscured due to the oblique nature in addition to intervening boundary treatments. Any views from the proposed rear elevation first floor windows would not be dissimilar to situations considered typical in semi-rural residential areas, in which the overlooking is restricted to the further end of neighbouring rear curtilages, rather than the more immediate private patio areas of neighbouring curtilages. As such, it is considered that the development would not unduly harm the private amenities of the neighbouring properties to the east or west of the site to any extent which would warrant refusal of the current application. The proposal is acceptable in terms of neighbouring amenity in line with Policy EM10 of the Local Plan and Appendix 16 of the SPD. Amenities to the proposed dwelling Appendix 16 'Residential Amenity Design Guidance' of the Design and Sustainability SPD requires dwellings to have sufficient daylight to allow the comfortable use of habitable rooms (living rooms, dining rooms, bedrooms), kitchens and patio areas in gardens immediately adjoining the building, with an outlook of good quality from these rooms and spaces. The proposed dwelling provides sufficient openings within the habitable rooms such that access to daylight and good quality outlook would be achieved. Within Appendix 16, it also states that a proposed dwelling with 3 or more bedrooms should provide a minimum garden size of 60 square metres. This proposal provides for a private garden in excess of 60 square metres which complies with the requirements of Appendix 16. Highway safety and parking The proposal would utilise the existing northern vehicular access and includes parking and turning for a minimum of 4 vehicles. It is considered to be reasonable and necessary in a rural location to require that 4 spaces be retained in perpetuity to serve the proposed dwelling. This has been included by way of condition. The proposed gravel surfacing would be appropriate for the context and a condition has been included to secure setts or larger

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stones for a distance of 1 metre from the edge of the highway in order to prevent the migration of gravel onto the public highway. The proposed site plan also demonstrates external cycle and refuse and recycling storage to the south-eastern side of the dwelling which are sufficient in terms of the Residential Parking Standards SPD and Appendix 6 of the SPD. Whilst a specific collection point has not been demonstrated on the proposed plans, it is considered that the site has adequate space for a point to be positioned within 15m of the highway. The development is acceptable in respect of access, parking, refuse and recycling and cycle storage respects and would not result in any adverse highways safety impacts subject to conditions. The proposal complies with Policies CN9 and EM10 in this respect. Biodiversity The Council has a duty under the Natural Environment and Rural Communities Act 2006 to have full regard to the purpose of conserving biodiversity which extends to being mindful of the legislation that considers protected species and their habitats and to the impact of the development upon sites designated for their ecological interest. These requirements are also reflected within the NPPF (para 118) and Policy EM4 of the Local Plan. The Biodiversity Officer has confirmed that whilst no bat roosts have been identified within the barn, there is a potential for nesting birds such that, wherever possible, demolition of the barn should be undertaken outside of the bird nesting season. This has been highlighted to the applicant by way of informative. It is also considered that the proposal would have the potential to secure biodiversity improvement subject to the inclusion of a proportionate condition requiring a Habitat Enhancement Scheme in order to ensure no net loss of biodiversity and provide a net gain where possible. Subject to the inclusion of a condition and informative, the proposal is acceptable in line with Policy EM4 of the Local Plan. Flood Risk The site lies in Flood Zone 1 which is classified by the Environment Agency as ‘Low Probability Land’ having a less than 1 in 1,000 annual probability of river or sea flooding. Whilst no drainage information has been provided, the proposed plans indicate that a package treatment plant may be required therefore a condition has been included to secure foul and surface water drainage information in addition to permeable surfacing and/or surfacing. A condition requiring these details is considered to be sufficient to ensure a sustainable drainage system on the site in line with Policy EM7. Other matters Policy EM9 sets out that development for new homes will need to meet a water efficiency standard of 110 litres or less per person per day, unless clear demonstration is given that this would not be feasible. It is considered appropriate that this requirement be dealt with by way of condition and as such has been included. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- Location Plan - Drawing No.PL01 - Proposed Site Plan - Drawing No.TR/16/01A

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- Proposed Elevation Plan - Drawing No. TR/16/03A - Proposed Floor and Roof Plans, Cycle shed and bin store elevations -

Drawing No. TR/16/02 REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and to prevent an accumulation of unimplemented planning permissions.

3 No development above ground level (excluding demolition) shall commence on site

until details of the types and colours of external materials to be used for the dwellinghouse, together with samples, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required prior to development commencing as insufficient details have been submitted with the application, which are needed in the interests of visual amenity of the Conservation Area and high quality design in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Sections 7 and 12 of the National Planning Policy Framework 2012.

4 No development above ground level (excluding demolition) shall commence until a

schedule of windows and doors have been submitted to and approved in writing by the Local Planning Authority. Details shall include annotated elevations, sections and plans which are referenced to the approved plans. These details shall illustrate the nature of materials and finishes, framing members, glazing units, glazing bars, meeting rails and methods of opening, and show the relationship between components and masonry openings. Details shall be at a minimum scale of 1:20 and 1:5 unless otherwise agreed in writing. The development shall be carried out and thereafter maintained in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required prior to commencement as insufficient information was provided with the application and in the interests of visual amenity and to preserve the character and appearance of the Conservation Area, in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

5 No development shall take place until a Habitat Enhancement Plan has been

provided to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved, unless otherwise approved in writing by the Local Planning Authority. REASON: Details are required prior to development as insufficient information was provided with the application and to help protect and enhance the biodiversity of the area in the long-term, in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

6 The development hereby permitted shall not be occupied/brought into use until a

technical report and a certification of compliance demonstrating that the development has achieved the water efficiency standard of 110 litres of water per person per day (or less) has been submitted (by an independent and suitably accredited body) to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

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REASON: Details are required prior to occupation because insufficient information was provided within the application and to improve the overall sustainability of the development, in accordance with Policy EM9 of the adopted Basingstoke and Deane Local Plan 2011-2029.

7 No development shall take place on site until a detailed foul and surface water

drainage scheme for the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details prior to occupation of any new dwellings.

The scheme shall demonstrate: - Use of Sustainable Drainage System, and details of permeable paving and

soakaways (in respect of location and depth such that they would not penetrate the water table).

The scheme shall include: - Details of how the scheme shall be managed, maintained, and protected after

completion, for the lifetime of the development.

REASON: Details are required as insufficient information was provided with the application and in order to ensure that the proposed development is satisfactorily drained and to prevent pollution of groundwater in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

8 No work relating to the construction of the development hereby approved, including

works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

9 No deliveries of construction materials or plant and machinery and no removal of any

spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

10 Prior to occupation the development hereby permitted shall provide for the parking of 2 vehicles within the curtilage of the property and the areas of land so provided shall not be used for any purpose other than the loading and unloading and parking of vehicles and cycles, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Residential Parking Standards Supplementary Planning Document (updated 2012).

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11 The development hereby permitted shall not be occupied until refuse and recycling

storage (prior to disposal) plus a collection point not more than 15 metres carrying distance from the highway have been provided within the curtilage of the site for 1 number 140ltr refuse Wheelie bin, 1 number 240ltr recycling Wheelie bin and 1 number glass recycling box for each dwelling, and the areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling and shall be thereafter retained and maintained, unless otherwise agreed in writing by the Local Planning Authority; the gradient of the site access shall not exceed 1:12 to the waste container collection point, the surface materials from the carriageway to the waste container collection point shall be smooth and shall not hinder the movement of waste containers to the collection vehicle. REASON: In the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

12 Notwithstanding the provision of the Town and Country Planning (General Permitted Development) England Order 2015, (or any Order revoking and re-enacting that Order with or without modification) no gates shall be erected across the approved access unless details have first been submitted to and approved in writing by the Local Planning Authority on an application for such development. REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

13 The access into the site shall be surfaced using setts or larger stones for a minimum distance of 1 metre as measured from the edge of the highway and shall be maintained as such in perpetuity unless otherwise agreed in writing with the Local Planning Authority. REASON: To reduce material straying onto the highway in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informatives:-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any),

must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the

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curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

offering a pre-application advice

seeking further information following receipt of the application

seeking amendments to the proposed development following receipt of the application

considering the imposition of conditions.

In this instance:

the applicant was updated of any issues after the initial site visit.

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

3. There is a possibility for nesting birds to be present within the barn and therefore demolition should take place outside of bird nesting season (March to August inclusive). In the event that demolition needs to be undertaken during the nesting season the barn should be inspected by a suitably qualified ecologist and if evidence of nesting is found demolition, works should not take place until nesting has finished.

4. If this development will result in new postal addresses or changes in addresses, please

contact the council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can be found on the council's website.

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Location plan

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Site Plan

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Elevations

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Floor Plans

Ground Floor

First Floor

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Roof Plan

Cycle Shed & Bin Store Plans

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Cttee: 7 February 2018 Item No. 5

Application no: 17/03075/HSE For Details and Plans Click Here

Site Address 39 Blenheim Road Old Basing RG24 7HP

Proposal Erection of single storey rear extension and extension of existing roof forming additional living accommodation with the construction of a front and rear dormer window and rooflights to side elevations

Registered: 8 September 2017 Expiry Date: 9 February 2018

Type of Application: Householder Permission

Case Officer: Nicola Marchant 01256 845468

Applicant: Mrs Maria Tharshini Marinus

Agent: Ms Julie Shawley

Ward: Basing Ward Member(s): Cllr Onnalee Cubitt Cllr Sven Godesen Cllr Paul Gaskell

Parish: OLD BASING AND LYCHPIT CP

OS Grid Reference: 467126 152110

Recommendation: the application be APPROVED subject to the conditions listed at the end of this report.

Reasons for Approval 1. The proposed development would be of an appropriate design and relate to

surrounding development in a sympathetic manner and neither dominate or compete with the host building and as such complies with the National Planning Policy Framework (March 2012), Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, Appendix 13 of the Design and Sustainability Supplementary Planning Document and the Old Basing and Lychpit Village Design Statement 2005.

2. The proposed development would provide adequate parking provision in accordance with highway requirements, and as such would accord with the National Planning Policy Framework (March 2012), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Residential Parking Standards Supplementary Planning Document.

Comments The application is brought to the Development Control Committee in line with the Council's Scheme of Delegation due to the number of letters of objection which have been received and the Officer's recommendation for approval. Planning Policy The site is located within the Old Basing Settlement Policy Boundary.

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National Planning Policy Framework (NPPF) (March 2012) Section 7 (Requiring Good Design) Basingstoke and Deane Local Plan 2011-2029 Policy EM10 (Delivering High Quality Development) Policy CN9 (Transport) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Extending Your Home and Replacement Dwellings (Appendix 13) of the Design and Sustainability Supplementary Planning Document Residential Parking Standards Supplementary Planning Document Old Basing and Lychpit Village Design Statement 2005 Other Material Documents Old Basing Neighbourhood Plan (at examination). Description of Site The application site is a triangular shaped plot located at the end of a residential cul-de-sac. The street scene is characterised predominantly by detached properties, many of which have been extended in the past. The host dwelling is a chalet style bungalow with accommodation in the roof space served by roof lights. The property has a painted render and stone clad appearance with a concrete tiled roof. To the front of the host dwelling there is an arched canopy creating a small sheltered area and the windows have iron shutters. There is a separate vehicular and pedestrian access serving the property with the vehicular access being to the south of the western boundary with the pedestrian access further north of the western boundary. The property is surrounded along the front boundaries by a rendered wall approximately 2 metres in height, dropping to less than a metre to the northern part of the western boundary by the pedestrian gate. This wall continues along the northern boundary to enclose the garden. There is an existing detached single pitched roof garage to the south of the host dwelling and the property has been extended to the rear by way of a sun room. To the rear of the property there is a 1.8 metre high wooden panel fence. Proposal The proposal is for the erection of a single storey rear extension measuring 9.8 metres in width and 5.4, metres in depth rising to 3.5 metres sitting under a flat roof. This would be erected in conjunction with the extension of the roof to elongate the ridge by 4 metres with the conversion of the roof space to living accommodation served by front and rear dormer windows. The proposal would result in the property becoming a five bedroom chalet bungalow. Amendments Amended plans were received reducing the size/bulk and height of the proposed roof extension including the removal of 2 no. roof lights to the side elevations. The description was also amended as the roof light to the front elevation has been replaced with the construction of dormer window.

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Consultations Old Basing Parish Council - Initial plans – "Objection for the following reasons: 1) Overdevelopment of the site. 2) Overshadowing, loss of privacy and light to properties behind and beside. 3) Inadequate parking for such a large property (double bedrooms all with en-suites) 4) Out of keeping with other properties. 5) Should it be retrospective as trees have come down and work may have started?" No consultation response has been received from Old Basing Parish Council in relation to the amended plans submitted. Public Observations 6 letters of objection were received to the application as originally submitted raising the following issues (in summary) –

The extension is very large with the footprint seeming to double in size with the works extending close to the site boundary.

The extent of the development will alter views from the neighbouring property, result in overshadowing, overlooking and loss of privacy.

The design is out of character with a very large roof, a huge dormer window and roof lights.

It will have a warehouse character.

The owners have already removed trees and shrubs.

Over development of the property.

The proposal shows 5 bedrooms all with en-suites, not even new builds come with this proportion.

The new hip roof appears to be approaching 10 metres in length. This contravenes the Local Plan and Old Basing and Lychpit Design Statement.

Number 39 is set forward of other properties and by significantly increasing the length with its elongated form, would be visible from the road and out of character.

This house will be used as a multi occupancy dwelling.

An outbuilding and trees give protection in the summer to neighbours but removal of these would leave the neighbouring dwelling exposed.

Already experienced loss of privacy from developments in Lingfield Close.

Blenheim Road is already congested with vehicles, workmen and pedestrians using the dead end to access London Road.

Veolia have informed residents in this part of London Road that wheelie bins have to be brought into Blenheim Road for collection.

It is not clear that Blenheim Road has the infrastructure to cope. Amended plans - 2 letters of objection - confirming whilst they appreciate the amended plans have scaled back the proposal, previous objections still stand. Relevant Planning History BDB/74008 Erection of a single storey rear extension

following demolition of existing sunroom and various internal alterations. Erection of a single storey front extension to garage

Approve 04/05/2011

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BDB/72992 Erection of a single storey front extension to garage. Raising of the roof and construction of roof extension to create additional living accommodation in roof space. Erection of a single storey rear extension to form new sun room.

Refused 29.09.2010

BDB/71184 Single storey front and rear extensions to existing

garage. Raising of the roof and construction of roof extension to create additional living accommodation in roof space. Construction of covered verandah to rear following demolition of existing sun room

Refused 14.10.2009

BDB/17873 First floor extension Approve 27.2.1985 BDB/16591 Single storey rear extension and loft conversion Approve 20.6.1984 Assessment Planning History This property has been subject to various proposals to provide accommodation at first floor level. The most recent comprised reference BDB/72992 which sought to overcome previous concerns however was still considered to result in development of a disproportionate scale to the host dwelling and would therefore fail to respect its character and appearance. As such the application was refused for the following reasons:

1. The proposed raising of the roof and roof extension by virtue of its scale, bulk, depth and design would visually compete with the main dwellinghouse appearing an unduly dominant and excessive addition that would fail to respect the host dwelling, detrimental to the visual amenities of the area. As such the proposed extension is contrary to Policy E1(i)(ii) of the Basingstoke and Deane Borough Local Plan 1996-2011, advice contained within Appendix 13 of the Council's Design and Sustainability Supplementary Planning Document 'Extending Your Home and Replacement Dwellings' and the Old Basing and Lychpit Village Design Statement.

2. The Local Planning Authority considers that the proposed development would have a harmful impact to the amenities of neighbouring properties. This is by virtue of the roof extension that would result in an unsatisfactory building relationship with the neighbouring property, No. 37 Blenheim Road. This element would result in an overbearing and oppressive outlook from the ground floor southern windows to the detriment of the amenities that the occupiers thereof might reasonably expect to enjoy. In addition, the proposed roof extension would result in a loss of light to the ground floor windows on the southern elevation of the neighbouring property. Furthermore the proposed rear rooflight terrace would result in a harmful overlooking impact to the neighbouring properties. As such the proposal would be contrary to Policy E1 of the Basingstoke and Deane Borough Local Plan 1996-2011 and Appendix 13 of the Council's Design and Sustainability Supplementary Planning Document 'Extending Your Home and Replacement Dwellings'.

This refusal was subject to an appeal which was dismissed. The inspector in determining the appeal concluded that the proposal, by reason of its height and depth, would appear as a disproportionate addition and would dominate the host building therefore harming the character and appearance of the building and would appear as a discordant feature in the

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streetscene. The Inspector also concluded that new development should respect the amenities of neighbouring occupiers in terms of privacy. The Planning Inspector however did refer to the relationship between the site (no.39) and the adjoining neighbour (no.37) and confirmed that the proposed roof extension, given its height and separation distance of the roof ridge to the adjoining property, would not impair the outlook from side windows or the private amenity space of no.37. It was also deemed that the proposed works subject of the appeal would not have an unacceptable adverse effect on available sunlight or daylight, particularly as the windows in the side elevation of no. 37 were secondary windows. A further planning application was submitted at the site and approved under BDB/74008 for single storey proposals. However, it appears that the planning permission was not implemented and has since lapsed. This current application again seeks to enlarge the dwelling but has regard to the concerns of the Planning Inspector whereby the scheme has been reduced in scale and massing. Principle of Development The site is located within the Old Basing Settlement Policy Boundary where there is a general presumption in favour of development subject to design and amenity in accordance with the Local Plan. The Old Basing Neighbourhood Plan is currently under examination, so it has very limited weight and cannot be considered within the determination of this application. Impact on the character of the area/ design The area surrounding the application site is of a mixed character in terms of large two storey dwellings, bungalows and chalet bungalows as such the proposal would not appear out of keeping in the local area. Concerns have been raised from members of the public and the Parish Council in relation to the size of the proposed development and possible overdevelopment of the site. It is considered that the proposed roof extension remains relatively large in terms of the overall depth/length of the extension at the ridge height. However, the proposal does seek a reduction of the overall height of the roof extension from 6.6 metres on the previously refused application (BDB/72992) and the dismissed appeal to the current application at 5.7 metres in height (same height as the current bungalow). It is considered that the scale and massing of the proposal has been reduced sufficiently to ensure that the scheme is acceptable and appears more proportionate than that applied for under the previous applications. In terms of the concerns raised in relation to the overdevelopment of the site, under the previous applications permission was sought for the extensions to the existing property as well as a relatively elongated extension to the existing garage. These works were considered to be excessive and as such would fail to respect the character and appearance of the area and the host dwelling itself. It is evident under the current application that the existing garage at the property is to be removed; it is therefore considered that the property would retain a spacious relationship within its curtilage, with the resultant dwelling occupying much of the same footprint as the existing dwelling. As such the proposal would respect the character and appearance of the area and the host dwelling, and would therefore not be considered to be an overdevelopment of the site. As with the previous applications, the host dwelling would remain largely unchanged to the front elevation with the exception of a small dormer window replacing the existing roof light. However, given that there is a relatively clear visual path between the application site and the neighbouring property (no. 39 Blenheim Road), it is evident the northern and southern

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side elevations of the extension to the roof would be visible from the streetscene. Given the mixed character of two storey dwellings and extended bungalows in the close vicinity of the application site, coupled with the acceptable dimensions ensuring that the proposal is now a proportionate addition, it is considered that it would not have a harmful visual impact on the character of the streetscene or surrounding area. The materials for the proposal are also to match those of the existing property and this is considered to be acceptable. The proposal is considered to be acceptable and in accordance with Policy EM10 of the Local Plan, Appendix 13 of the Design and Sustainability SPD and the Old Basing and Lychpit Village Design Statement. Impact on neighbouring amenities Concerns have been raised by neighbouring properties located to the south of the application site (no's 59, 61, 63, 67 London Road) and the Parish Council in relation to overshadowing, loss of privacy/overlooking and light and an alteration to the view and skyline. Given the distance to the neighbouring properties of at least 17 metres and the orientation of the properties due south of the proposal, it is considered that no adverse overshadowing, overbearing or loss of light would be caused by the proposal. Whilst it is evident the proposal would alter the view/skyline from the neighbouring properties to that which currently exists, the loss of a view is not in itself a material consideration and it is not considered to be a significant or harmful change. An additional roof light is proposed to the south/side elevation of the proposal and a dormer window to the east/rear elevation and concerns have been raised in this regard. Although the additional windows would create a greater sense of overlooking than the current situation, given that the property is located in a urban environment where overlooking is to be expected to some degree and combined with the distance (at least 17 metres) between the properties, no harmful overlooking would occur that would otherwise enable a reason for refusal to be justified. The adjacent neighbouring property (37 Blenheim Road) has also raised an objection in terms of overshadowing with loss of light entering their kitchen and living room and overlooking. These concerns have been noted and although it is evident there would be an additional roof bulk for 3.4 metres in length, the pitch of the roof would be sloping away from this neighbour. Therefore, although it is recognised that an element of overshadowing and loss of light would occur it would not be significant to warrant refusal of this application. The Planning Inspector also confirmed on the previously dismissed appeal (BDB 72992) that, due to the height and location of the proposal, that it would not have an unacceptable adverse effect on available sunlight or daylight for no 37 particularly as the windows concerned are secondary windows. A further two windows are proposed to face this neighbour at ground floor level however, given the boundary treatment (close boarded) fence between the properties, it is considered that they would not result in a loss of privacy or overlooking. An additional roof light is also proposed to face this neighbour to serve the stairwell. Given the roof light to the stairwell (which is relatively small) would not be to a habitable room and would only be used on an intermittent basis, it is considered that it would not result in overlooking or a loss of privacy such to warrant obscure glazing or deletion. Parking The proposal would be increasing the number of bedrooms at the property from a three bedroom property to a five bedroom property and as such would be required to provide three car parking spaces as advised in the Residential Parking Standards SPD due to its location in an outer urban zone. It is noted concerns have been raised by the Parish Council and a

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neighbouring property (67 London Road) in relation to inadequate parking and congestion due to vehicles, workmen and pedestrians using Blenheim Road to access London Road. However, there is more than adequate space within the site to accommodate three car parking spaces and it is not considered that the increase in two bedrooms at the property would have a significant impact on the infrastructure in the local area. The proposal therefore accords with Policies EM10 and CN9 of the Local Plan. Trees Concerns have been raised in relation to trees and shrubs that have already been removed from the site however, the trees and shrubs that have been removed are not covered by any Tree Preservation Order and the removal cannot therefore be controlled. The site is also enclosed by a high level brick wall to the south and west of the site with a close board fence to the north boundary and this provides screening and privacy to the neighbouring properties. The proposal would not impact any trees which contribute to the visual amenity or character of the area and is acceptable in line with Policy EM1 of the Local Plan. Other matters A concern has been raised that the property would be used as a multiple occupancy dwelling. Although the plans submitted show en-suites to the bedrooms this does not suggest in itself that the property is to be used as a house of multiple occupation as opposed to a residential family home. It is worthy of note that an application for planning permission would be required for a change of use to a house of multiple occupation due to the Article 4 Direction imposed by the Council in this regard, which covers this part of the borough. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- Location plan - drawing number PL01 - Block plan - drawing number PL02 Rev B - Proposed floor plans - drawing number PL05 Rev B - Proposed elevations - drawing number PL06 Rev B

REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 The materials to be used in the construction of the external surfaces of the

development hereby permitted shall match, in type, colour and texture those on the existing building unless otherwise agreed in writing with the Local Planning Authority. REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 The proposed window to the north elevation (bedroom 3) shall be non-opening

unless the parts of the window which can be opened are 1.7 metres above the floor level of the room in which the window is to be installed unless otherwise agreed in writing.

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REASON: To protect the amenity and privacy of the occupiers of adjoining properties in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any),

must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met. 1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

- seeking amendments to the proposed development following receipt of the

application; - considering the imposition of conditions

In this instance:

- the applicant was updated of any issues after the initial site visit,

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

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Location plan

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Block Plan

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Proposed Elevations

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Proposed Floor Plans

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Cttee: 7 February 2018 Item No.6 Application no: 17/03218/FUL

For Details and Plans Click Here

Site Address Langdale Woods Lane Cliddesden Basingstoke

Proposal Erection of 1 no. 3 bed, 1 no. 4 bed and 2 no. 5 bed dwellings, with 2 carports and new access

Registered: 28 September 2017 Expiry Date: 9 February 2018

Type of Application: Full Planning Application

Case Officer: Stephanie Baker 01256 845578

Applicant: Mr Justin Knott Agent: Mr Stephen Chamberlain

Ward: Upton Grey And The Candovers

Ward Member(s): Cllr Mark Ruffell

Parish: CLIDDESDEN CP OS Grid Reference: 462875 149177

Recommendation: the application be APPROVED subject to the conditions listed at the end of this report.

Reasons for Approval 1. The proposal would comprise the redevelopment of previously developed land within a

Settlement Policy Boundary and as such would result in a sustainable form of development in accordance with Policies SD1 and SS1 of the Basingstoke and Deane Local Plan 2011-2029 to achieve the aims of sustainable development in accordance with the National Planning Policy Framework 2012.

2. The proposal would integrate successfully into the street scene and would not harm

the intrinsic character or overall appearance of the landscape. The proposal would be of an appropriate design, height and character in relation to its context. As such the proposal would comply with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 7 of the National Planning Policy Framework 2012.

3. The proposed development would not harm the setting of the adjacent Cliddesden

Conservation Area and as such complies with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Section 12 of the National Planning Policy Framework 2012.

4. The proposal would conserve the biodiversity value and tree conservation interests of

the site and as such the proposal would comply with Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework 2012.

5. The development would not cause an adverse impact on highway safety and adequate

parking would be provided to serve the proposed development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6. The proposed development would not result in any undue loss of privacy or cause

undue loss of light, overbearing or noise and disturbance impacts to occupiers of neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

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General comments This application has been brought to the Development Control Committee in accordance with the Council's Scheme of Delegation, due to the number of objections received and the Officer's recommendation for approval. Planning Policy The site lies within the Cliddesden Settlement Policy Boundary. National Planning Policy Framework (NPPF) (March 2012) Core Principles - Achieving Sustainable Development Section 6 (Delivering a wide choice of high quality homes) Section 7 (Requiring good design) Section 11 (Conserving and enhancing the natural environment) Section 12 (Conserving and enhancing the historic environment) Annex A: Decision Taking. National Planning Practice Guidance Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Presumption on Favour of Sustainable Development) Policy SS1 (Scale and Distribution of New Housing) Policy CN1 (Affordable Housing) Policy CN3 (Housing Mix for Market Housing) Policy CN8 (Community, Leisure and Cultural Facilities) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Cliddesden Village Design Statement 2004 Cliddesden Conservation Area Appraisal 2003 Design and Sustainability Supplementary Planning Document 2008

- Appendix 14 'Countryside Design Summary' - Appendix 16 ‘Residential Amenity Design Guidance’ 2012

Residential Parking Standards Supplementary Planning Document 2008 Housing Mix and Lifetime Mobility Standards Supplementary Planning Document 2007 Other material documents The Community Infrastructure Levy (Amendment) Regulations 2015 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Description of Site The site forms part of the curtilage associated with Langdale, a 1950’s detached bungalow of brick and tile construction with a hipped roof and dormer windows. The property benefits

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from a series of outbuildings including a garage. The site is well screened from the neighbouring properties to the east and west by mature hedging and shrub planting. To the rear of the site is a paddock with agricultural buildings beyond. The character of this part of Woods Lane is formed by a mixture of detached chalet bungalows fronting the road in a linear layout. Generally, dwellings are set back from the road in deep plots, with a degree of space between each building and landscaped front gardens softened by tree and shrub vegetation. Proposal The proposed development is for the erection of 4 no. detached dwellings to comprise 1 no.3 bedroom dwelling, 1 no.4 bedroom dwelling and 2 no.5 bedroom dwellings. The dwellings are labelled on the plans plots 1-4 and are designed as follows; Plot 1: 3 bedroom dwelling 7.5m high, 12.2m deep and 13.2m wide. Integral garage, pitched roof with dormer windows to the front elevation and cat-slide extension to side, timber boarded. Brick and tile construction. Plot 2: 4 bedroom dwelling 7.5m high, 13.4m deep and 10.7m wide. Integral garage, pitched roof with dormer windows to the front elevation. Plot 3: 5 bedroom dwelling 7.5m high, 12.7m deep and 11.6m wide. Dual-pitched front porch, detached car port measuring 5.5m high, 5.9m deep and 6.1m wide. Plot 4: 5 bedroom dwelling 7.5m high, 12.4m deep and 12m wide. Dual-pitched front porch, detached car port measuring 5.5m high, 5.9m deep and 6.1m wide. The proposed materials for the development are brickwork elevations with clay tiled roofs and timber-framed car ports. Consultations Cliddesden Parish Council: Comments “The application site borders on the Cliddesden Conservation Area. Two additional new houses have already been approved at this site which will contribute to housing density and so have some impact on the largely open and rural nature of the area. The Parish Council believes that this new application for four houses and two carports on the site substantially intensifies the impact of the development so as to cause demonstrable harm to its setting and the amenity of neighbouring properties. The incremental introduction of ever higher density housing will irrevocably alter the character of the area. Much of the housing pattern on Woods Lane is characterised by individually designed detached dwellings in large plots with a largely rural aspect and character. This proposal forces a close-knit, uniform grid pattern and suburban form of housing into a location where the housing styles are diverse and the housing pattern remains largely informal and dispersed. In this respect the proposed development is detrimental to its setting and harmful to the appearance and character of the surrounding area. The design of the houses is not appropriate for the area and site. The blocky uniform mass of the houses and car ports - and their grid pattern layout - does not contribute in any positive way to local distinctiveness, the sense of place or the existing street scene. The layout forces the houses towards the edges of the site, where their bulk and mass has an

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unnecessarily overbearing and overshadowing impact on neighbour properties and reduces room for appropriate and effective screening between properties. Regarding the nature of Woods Lane, it goes without saying that every additional dwelling compounds the traffic problem on this very narrow lane and adds to loss of amenity and increases fear of traffic for pedestrians. The Parish Council believes that the cumulative harm from this proposal for four houses outweighs any small economic benefit gained from one additional dwelling and requests the application be refused. Please note: Irrespective of the decision regarding the four houses, the Parish Council welcomes the applicant's invitation for input regarding frontage screening. Following consultation with our Tree Warden, the Parish Council agrees with the choice of birch trees but believes hedging should be mixed native - Hawthorn (Crataegus monogyna), Field maple (Acer campestre), Hazel (Corylus avellana) and Beech (Fagus sylvatica) in the mix at least - and double planted at 18 inches. Retaining and reinforcing native hedging as screening between properties is equally important.” Tree Officer: No objection subject to conditions. Biodiversity Officer: No objection subject to condition and informative. Local Highway Authority: No objection subject to conditions. Conservation Officer: No objection. Environmental Health Officer: No objection subject to conditions. Landscape Officer: Verbal comments: no objection subject to hard and soft landscaping condition. Public Observations Seven letters of objection received, summarised as follows;

Adverse impact on trees

Adverse privacy and amenity impacts for neighbours

Any removal or damage to vegetation would cause visual harm

Conflict with the VDS due to flat roofs

Construction impacts during works - noise and pollution

Could create a precedent

Dwellings would not meet the housing needs of the village

Height of dwellings would be dominant

Inadequate landscaping

Increased traffic volume would be dangerous

No justification for intensification of development on this site

Out of character design

Overbearing impacts to Beaulieu

Overdevelopment of the site

Overlooking impacts

Poor design conflicting with the NPPF

Sub-division would cause the loss of a linear rear garden which is the character of the area

Unacceptable increase in density

Woods Lane is a single road with few passing places

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Relevant Planning History 15/03545/OUT Outline application for erection of 2 no. detached

dwellings with garages to include access and layout

Granted 24.03.2016

16/04529/RES Reserved matters application for the scale and appearance for the erection of 2 no. detached dwellings with garages (pursuant to Outline planning permission 15/03545/OUT)

Granted 08.02.2017

Assessment It should be noted that outline planning permission was granted at the Development Control Committee (23 March 2016) under 15/03545/OUT for the erection of 2 no. detached dwellings with garages with retention of the existing bungalow, Langdale. The outline permission remains extant until March 2019 with the reserved matters approval granted under delegated powers on 8 February 2017. The reserved matters permission is extant until February 2020. This current application seeks a net increase of one dwelling compared to 15/03545/OUT and 16/04529/RES as this application would involve the demolition of the existing bungalow and erection of 2 no. dwellings to the eastern half of the site. Principle of development Policy SS1 sets out a spatial strategy for the Local Authority to meet its full housing need over the Plan period. The strategy is principally based upon the development of allocated Greenfield sites and the redevelopment of land in the towns and villages. The site is located within the Cliddesden SPB wherein the principle of development is acceptable, subject to design and amenity considerations. These considerations include the principle of providing residential development on Previously Developed Land, the impact upon the character and appearance of the area, traffic generation and highway safety, residential amenity, the natural environment and the local infrastructure. Affordable Housing Local Plan Policy CN1 requires the provision of 40% affordable housing as part of new residential development with a tenure split of 70% rented and 30% intermediate products. Whilst the requirements of the Local Plan are acknowledged, the Council is additionally mindful of the Planning Practice Guidance which was updated in May 2016 to confirm that contributions for affordable housing and other ‘tariff style’ financial contributions should not be sought from small-scale residential developments of 10 units or less, with a maximum combined gross (internal) floor space of no more than 1,000m2. The application proposal is for a scheme of four dwellings and as such falls within the PPG’s thresholds and is not liable for contributions for affordable housing. Housing Mix Policy CN3 of the Local Plan, in line with the aims of the NPPF, seeks to ensure that a proposed housing mix addresses specific housing needs/shortfalls as opposed to meeting specific Borough wide standard housing mix thresholds for development.

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The proposed mix of housing would be 1 no.3 bedroom dwelling, 1 no.4 bedroom dwelling and 2 no.5 bedroom dwellings. The net gain is therefore one dwelling on the site compared to the extant permission 15/03545/OUT. This would mean that one of the total proposed units would fall into the smaller unit category as advised by this policy. In this instance, the LPA accept the dwelling mix in respect of the characteristics of the site and local area as advised by Section 5.28 of the Local Plan. Whilst the mix in terms of number of bedrooms is acceptable, the development does not outline whether the proposal would provide 15% accessible and adaptable homes as required by CN3(d). A condition and informative has therefore been included to advise the applicant of the need to provide 15% of the homes to this standard, in line with Building Regulations. Impact on the character of the area/ design There are a number of historic cottages and houses located to the eastern end of Woods Lane, close to the historic core of the village, whilst more modern two-storey houses and bungalows are located further to the west. As such there is not considered to be one distinct architectural style associated within the village. There is also a wide variety in respect of plot sizes and shapes. The proposed development would be located within the context of existing and approved development to the adjoining plots of Beaulieu, Appleyard and Hillfield Lodge, all of which display a range of more contemporary design features. The proposals incorporate hipped and half hipped roofs and cat-slide features to lessen the extent of roof when viewed from either side. The dwellings have architectural features such as cill and header detailing and shaped chimney stacks as well as variances with porches, dormer windows on the principal elevations of plots 1 and 2, together with small differences between the size of openings on some of the plots. This results in a non-uniform appearance, although the properties remain in-keeping with one another and the local context. The face elevations of the houses are proposed in a Hampshire stock brick with rendered elements and timber cladding to parts of the side extension to plot 1. The roofs would be plain clay tiles and the car ports to plots 3 and 4 would be timber framed with tiled roofs. The previous application for 2 no. dwellings on the site had a similar palette of materials, with the exception of timber openings being proposed previously and the current scheme demonstrating white UPVC windows and doors. Whilst a condition has been included to secure a detailed schedule of materials, including product links where appropriate, it is not considered that the introduction of UPVC openings would be acceptable in this context and an informative has been included to bring this to the applicant’s attention. A recently constructed dwelling to the north of Beaulieu (Woodside House approved under 15/00236/FUL) is situated to the north-west of the application site. This dwelling sits on land higher than the application site and has a ridge height of 6.6m. The previously approved 2 no. dwellings on the application site had approved ridge heights of 7.5m and this height is maintained within the current submission. In respect of layout, plots 1 and 2 would be largely in line with the established building line of Beaulieu to the west. Plots 3 and 4 would be in a similar position to the previously approved scheme 16/04529/RES – largely in line with the established building line of Woodside House. The quantum and scale of development is considered to be acceptable for the overall site size and the individual plots are considered to be of acceptable size such as to reflect similar built form to garden ratios as Beaulieu and the new dwelling to the rear of Beaulieu.

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The proposal, subject to conditions, is acceptable in design and amenity respects in line with Policies EM1 and EM10 of the Local Plan. Impact on neighbouring amenities The proposed dwellings would result in an increased presence to neighbouring properties compared to the existing situation and above the extant permission of 2 no. dwellings to the rear of Langdale. Plot 1 to Three Horseshoes to the east would be a side-to-rear relationship at a separation distance of 8.8 metres at the closest part. Plot 2 to Beaulieu to the west would be a side-to-side relationship at a separation distance of 7.9 metres. Plot 2 would also be 26.9 metres from Woodside House, with an angled front-to-back relationship. Plot 3 to Woodside House to the west would be a side-to-side relationship at a separation distance of 7.8 metres. Plot 3 would also be 30 metres from Beaulieu, with an angled front-to-back relationship. Plot 4 to Three Horseshows to the east would be an angled front to rear relationship at a separation distance of 29 metres. The proposed dwellings would not generate any significant loss of light or overbearing impacts to adjacent occupiers such to warrant refusal of permission or revisions to the scheme. Whilst Plot 2 in particular would result in a new relationship with the neighbouring property, Beaulieu, with the replacement of the existing bungalow with the proposed dwelling, this would not result in significant loss of light or overshadowing for extended periods, due to the orientation of the site to the north of Beaulieu. Whilst additional overshadowing would be created during the morning hours to the north-western side of Beaulieu, it is not considered that the loss of light would be of such adverse harm or that the duration would be of such significance to warrant a reduction in height or re-positioning of the dwelling on Plot 2. The location of openings within the proposed dwellings would not give rise to any direct overlooking and achievable views of neighbouring curtilages or buildings would be obscured due to the oblique nature in addition to intervening boundary treatments. Any views from the proposed rear elevation first floor windows of the properties would not be dissimilar to situations considered typical in semi-rural residential areas, in which the overlooking is restricted to the further end of neighbouring rear curtilages, rather than the more immediate private patio areas of neighbouring curtilages. As such, it is considered that the development would not unduly harm the private amenities of the neighbouring properties to the east or west of the site to any extent which would warrant refusal of the current application. The Environmental Health Officer confirmed that there is no objection to the proposal subject to pre-commencement conditions in the following respects:

noise mitigation measures, due to the proximity of the M3 motorway (and verification)

contaminated land assessment (and verification)

hours of works and deliveries for neighbouring amenity. These conditions are considered to be reasonable and necessary to ensure the development is acceptable in terms of impacts to workers, off-site receptors, neighbours and future occupiers in the interests of amenity and therefore have been included in line with Policy EM12 of the Local Plan and Appendix 16 of the SPD.

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Parking Woods Lane is an unclassified road and has a single width carriageway (approximately 3.2m) from east to west with an incline rising from the B3046. The incline remains where the site fronts onto Woods Lane and the carriageway has embankments rising approximately 1.6m along either side. Westwards from the site the incline and narrowing remain but the carriageway widens after the neighbouring property of Beaulieu to allow two vehicles to pass each other. There is no footway or street lighting along this stretch of the lane. Woods Lane has a 30mph speed limit, although the characteristics of the lane limit traffic speed when approaching from the east, particularly at the double bend adjacent to the site. Speeds are limited until drivers reach the site frontage and can see that the road straightens and will widen. Vehicle speed tends to increase heading west as a result along the site frontage. When approaching the site travelling from the west, Woods Lane has a gentle curve but a downward gradient. Vehicles travel notably faster on their approach to the site from the west and drivers tend to align themselves for the carriageway narrowing between embankments along the site frontage. The neighbouring site access (Beaulieu) serves as a refuge/passing place for traffic heading east towards the B3046 when they encounter opposing vehicles travelling uphill within the narrow carriageway fronting the site. Therefore, the general characteristics of Woods Lane make it a requirement that all vehicles likely to use the site access, can enter, turn and leave in a forward gear. The access arrangement and visibility splays to serve 3 dwellings (i.e. for 2 no. additional dwellings plus the existing dwelling, Langdale), were previously approved by the Highways Officer within extant applications (16/04529/RES and 15/03545/OUT). The Local Highway Authority has confirmed the access arrangement and visibility splays as previously shown, and as shown on the submitted plans for this current application, are also acceptable for the proposed 4 no. dwellings subject to condition. The Local Highway Authority has also requested conditions in respect of provision of space for parking and turning of operatives’ and construction vehicles (together with space for on-site storage of materials) as well as removing Permitted Development rights for means of enclosure at the junction of the access with Woods Lane. The parking requirement for the dwellings based on the number of bedrooms in a rural location as per the Residential Parking Standards SPD would be 3 spaces for Plot 1 and 4 spaces for Plots 2-5. Plot 1 would provide 2 external parking spaces and an integral single garage, Plot 2 would provide 3 external parking spaces and an internal garage and Plots 4 and 5 would provide 4 external parking spaces and double carports. The parking requirements are therefore met on each plot. Subject to conditions, the proposal is considered to be acceptable in line with Policies CN9 and EM10 in respect of highway safety and parking. Trees The Tree Officer has confirmed that whilst previously boundary treatments may have been removed, the existing hedging and boundary treatments can contribute to the successful screening of the site in addition to new planting. The Tree Officer has confirmed that they would raise no objection to the proposal subject to the inclusion of pre-commencement conditions in the following respects;

tree and hedge protection plan (with verification condition)

tree planting plan

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removal of Classes A-C and E of householder permitted development rights The tree and hedge protection plan, tree planting plan conditions and removal of householder Permitted Development rights are considered to be reasonable and necessary to ensure the development is acceptable in terms of tree impacts and to prevent over-development therefore have been included in line with Policies EM1 and EM10 of the Local Plan. Biodiversity The Council has a duty under the Natural Environment and Rural Communities Act 2006 to have full regard to the purpose of conserving biodiversity which extends to being mindful of the legislation that considers protected species and their habitats and to the impact of the development upon sites designated for their ecological interest. These requirements are also reflected within the NPPF (para 118) and Policy EM4 of the Local Plan. The Biodiversity Officer has confirmed that there are no ecological objections to the proposal subject to the inclusion of a condition to secure a Habitat Enhancement Plan and for an informative to make the applicant aware that clearance should be undertaken outside of the nesting season to avoid impacts on nesting birds which are protected under the Wildlife and Countryside Act 1981. This condition and informative are considered to be reasonable and necessary and as such have been included in line with Policy EM4 of the Local Plan. Section 106 agreement - need and compliance with statutory tests The Local Plan and the accompanying S106 Planning Obligations and Community Infrastructure Interim Planning Guidance seeks to ensure that development does not result in an adverse effect on existing infrastructure, and makes appropriate provision to mitigate documented impacts. It is therefore common to anticipate that development would by way of Obligation (legal agreement) make appropriate provision/improvements in line with the advice provided within the NPPF. As previously indicated with respect to affordable housing, the Local Planning Authority has to be mindful of the Planning Practice Guidance which sets out that ‘tariff style’ financial contributions should not be sought from small-scale residential developments which sit below stated thresholds. The application was scoped however no projects or financial contributions were identified therefore no legal agreement is necessary in this instance and due to the size of the proposal in respect of scale and floorspace, it would not meet with the thresholds for securing off-site contributions or on-site affordable housing in any case. Other matters Policy EM9 sets out that development for new homes will need to meet a water efficiency standard of 110 litres or less per person per day, unless clear demonstration is given that this would not be feasible. It is considered appropriate that this requirement be dealt with by way of condition and as such has been included. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans and documents unless otherwise agreed in writing with the Local Planning Authority, or unless stipulated otherwise in the conditions below:

- Location and Site Plan - Drawing No. 5453.1A - Plot 1 Plans - Drawing No. 5453.3

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- Plot 2 Plans - Drawing No. 5453.4 - Plot 3 Plans - Drawing No. 5453.6 - Plot 4 Plans - Drawing No. 5453.5 - Section Plan - Drawing No. 5453.2 - Construction Method Statement.

REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 No development above ground level shall commence on site until a detailed schedule

of the types and colours of external materials to be used for the dwellings and carports, together with product links or samples as appropriate, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required prior to development commencing as insufficient details have been submitted with the application, which are needed in the interests of visual amenity of the area, adjacent to the Conservation Area and high quality design in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Sections 7 and 12 of the National Planning Policy Framework 2012.

4 No development above ground floor slab level shall commence until full details of

both hard and soft landscape proposals shall be submitted to and approved in writing by the Local Planning Authority. These details shall include, means of enclosure, car parking layouts, pedestrian access and circulation areas and hard surfacing materials. Soft landscape details shall include planting plan to include the position, species and size of all new trees proposed for the development and shall include an assessment of all underground and overhead services. The planting plan shall also include specific tree planting details demonstrating that the underground soil volume can be achieved to support the tree to healthy maturity as well as any protection deemed necessary to reduce the likelihood of breakage/vandalism to acceptable levels. Details of young tree maintenance including watering, weeding, stake removal, formative pruning and failed tree replacement shall also be required as part of the planting plan. In addition, an implementation timetable for each phase shall be submitted to and approved in writing by the Local Planning Authority before development commences. All hard and soft landscape works shall be carried out in accordance with the approved details in accordance with the timetable agreed with the Local Planning Authority. REASON: Details are required in order to ensure the provision, establishment and maintenance of a reasonable standard of landscaping and to establish trees in the interests of local amenity and the enhancement of the development itself and to preserve the character and appearance of the area in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 7 of the National Planning Policy Framework 2012.

5 The approved access geometry and visibility sightline details, shown on the drawings

(Site Plan 1667/41 & Site Access Arrangements - Vertical and Horizontal Visibility Splays ITB9117-GA-004 Rev A) as approved under permissions 16/04529/RES and 15/03545/OUT, shall be constructed and fully implemented prior to the commencement of building and other operations on the site and shall be thereafter

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retained and maintained in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of highway safety during the construction and to serve the development in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

6 Within one week of the commencement of development, provision shall be made for

the parking and turning on-site of operatives' and construction vehicles, together with storage on-site of construction materials. The provision shall be thereafter retained and used for the intended purpose for the duration of the construction period and the areas so provided shall not be used for any purposes other than for the parking and turning of vehicles and storage of construction materials. REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

7 The means of enclosure along the dashed visibility sightline displayed on the

approved plan 5453.1A at the boundary with the highway shall be maintained to a height not exceeding 600mm from ground level for a distance of 6 metres from the centre of the access in both directions. REASON: To ensure adequate visibility is provided on exit of the site and retained in perpetuity in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

8 No development shall commence on site (including site clearance, demolition, ground preparation, temporary access construction/widening, material storage or construction works) until a Tree and Hedge Protection Plan prepared in accordance with BS5837:2012 "Trees in relation to design, demolition and construction" has been submitted to and approved in writing by the Local Planning Authority. The plan shall include the specification and positioning of temporary protective fencing and ground protection where required. The approved tree and hedge protection shall be erected prior to any site activity commencing and maintained until the area is to be landscaped. REASON: Details are required prior to commencement as insufficient information was provided with the application and to ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and advice contained within the National Planning Policy Framework 2012.

9 No development above ground level shall take place on site until a scheme for

protecting the proposed dwelling from road traffic noise has been submitted to, and approved in writing by the Local Planning Authority. The proposed scheme shall achieve the following noise levels with windows open: The following noise levels shall be achieved with mitigation in place; a) Internal day time (0700 - 2300) noise levels shall not exceed 35dB LAeq, 16hr for habitable rooms (bedrooms and living rooms with windows open*) b) Internal night time (2300 - 0700) noise levels shall not exceed 30dB LAeq with individual noise events not exceeding 45dB LAfMax (windows open*). c) Garden areas shall not exceed 55 dB LAeq, 16hr. *Where it is predicted that the internal noise levels specified above will not be met with windows open despite mitigation strategies, an alternative method of mechanical ventilation must be specified to supply air to habitable rooms with windows closed, and relieve the need to open windows for thermal comfort and overheating. Background and passive ventilators are not considered adequate for this purpose.

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Methods may include a system 4 MVHR with cool air by-pass, or standalone mechanical units supplying each affected habitable room. REASON: Details are required as insufficient information was provided with the application and to ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

10 No dwelling shall be occupied until all the works which form part of the scheme for

protecting the proposed dwellings from road traffic noise as approved by the Local Planning Authority under condition 9 above have been completed. All works which form part of the approved scheme shall be completed prior to first occupation and the approved scheme shall be thereafter maintained, unless otherwise agreed in writing by the Local Planning Authority. REASON: To ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

11 No dwelling shall be occupied until a post-completion noise survey has been

undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in condition 9 above. A method statement should be submitted to and approved by the Local Planning Authority prior to the survey being undertaken, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

12 No works pursuant to this permission shall commence until there has been submitted

to and approved in writing by the Local Planning Authority:- (a) a desk top study carried out by a competent person documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2011; and, unless otherwise agreed in writing by the Local Planning Authority, (b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice; and, unless otherwise agreed in writing by the Local Planning Authority, (c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring. during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The

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additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR11'. REASON: Details are required prior to commencement as insufficient information was provided with the application and 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 in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

13 The development hereby permitted shall not be occupied until there has been

submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 12 that any remediation scheme required and approved under the provisions of condition 12 has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise;

- as built drawings of the implemented scheme; - photographs of the remediation works in progress; - Certificates demonstrating that imported and/or material left in situ is free of contamination.

Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 12, unless otherwise agreed in writing by the Local Planning Authority. 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 in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

14 No development shall take place until a Habitat Enhancement Plan has been

provided to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved, unless otherwise approved in writing by the Local Planning Authority. REASON: Details are required prior to development as insufficient information was provided with the application and to help protect and enhance the biodiversity of the area in the long-term, in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

15 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no building, structure or other alteration permitted by Classes A, B, C and E of Part 1 of Schedule 2 of the Order shall be erected on the application site without the prior written permission of the Local Planning Authority on an application made for that purpose. REASON: To prevent the overdevelopment of the site in the interests of the amenity of the area and to safeguard important trees and hedges in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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16 No work relating to the construction of the development hereby approved, including

works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public and bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

17 No deliveries of construction materials or plant and machinery and no removal of any

spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public and bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

18 Notwithstanding the provision of the Town and Country Planning (General Permitted

Development) England Order 2015, (or any Order revoking and re-enacting that Order with or without modification) no gates shall be erected across the approved access unless details have first been submitted to and approved in writing by the Local Planning Authority on an application for such development. REASON: In the interests of highway safety and in accordance with Policies CN9

and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

19 The development hereby permitted shall not be occupied/brought into use until a

technical report and a certification of compliance demonstrating that the development has achieved the water efficiency standard of 110 litres of water per person per day (or less) has been submitted (by an independent and suitably accredited body) to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required prior to occupation because insufficient information was provided within the application and to improve the overall sustainability of the development, in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.

20 A minimum of 15% of the dwellings hereby approved shall be built to accessible and

adaptable standards to enable people to stay in their homes as their needs change. No development above ground level (excluding demolition) shall commence on site until details of which properties are to be built to such standards are submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON: Details are required in the absence of accompanying the planning submission and to ensure an appropriate co-ordinated high quality form of development and to accord with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Housing Mix and Lifetime Mobility Standards Supplementary Planning Document.

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Informatives:- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if

any), must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £97 per request (rising to £116 on 17/01/2018) or £28 (rising to £34 on 17/01/2018) where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

offering a pre-application advice

seeking further information following receipt of the application

considering the imposition of conditions and the completion of a s.106 legal agreement

In this instance:

the applicant was updated of any issues after the initial site visit

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

3. The applicant's attention is drawn to Condition 3, requiring detailed materials

information, wherein it is not considered that it would be acceptable to use UPVC openings on the dwellings due to the traditional character and materials of dwellings in the immediate context. The applicant is advised that timber openings would be more appropriate.

4. Shrub clearance should be undertaken outside of bird nesting season (March to

August inclusive) if at all possible in order to avoid impact on nesting birds protected under the Wildlife and Countryside Act 1981. Should clearance be required during nesting season then the site should first be surveyed by a suitably qualified ecologist

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for signs of nesting and if any area found works should cease in that area until nesting has been completed and fledglings have left the nest.

The site, if not managed, has the possibility to develop habitat suitable for reptiles and amphibians. As such vegetation should be kept short (50mm and below) up until development commences in order to keep the habitat of negligible interest for these species.

5. If this development will result in new postal addresses or changes in addresses, please

contact the Council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can also be found on the Council's website.

6. The Applicant is advised that in relation to condition 20, accessibility and adaptability

standards are achieved by meeting requirement M4(2) or M4(3) of the Building Regulations 2015 or any subsequent government standard.

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Location plan

Site Plan

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Plot 1

Elevations

South Elevation

North Elevation

West Elevation

East Elevation

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Floor and Roof Plans

Ground Floor First Floor

Roof Plan

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Plot 2

Elevations

South Elevation

North Elevation

West Elevation

East Elevation

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Floor and Roof Plans

Ground Floor First Floor

Roof Plan

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Plot 3

Elevations

South Elevation

North Elevation

West Elevation

East Elevation

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Floor and Roof Plans

Ground Floor First Floor

Roof Plan

Car Port

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Plot 4

Elevations

South Elevation

North Elevation

East Elevation

West Elevation

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Floor and Roof Plans

Ground Floor First Floor

Roof Plan

Car Port

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Cttee: 7 February 2018 Item No. 7

Application no: 17/03248/RES For Details and Plans Click Here

Site Address Little Bowlings Goddards Lane Sherfield-on-Loddon Hook

Proposal Reserved matters application for details of access, appearance, landscape, layout and scale, pursuant to outline planning permission 15/01460/OUT, for the erection of 4 no. 5 bed dwellings, office building and new access

Registered: 16 October 2017 Expiry Date: 14 February 2018

Type of Application: Approval of reserved matters

Case Officer: Trevor Campbell-Smith 01256 845661

Applicant: Edison Homes Ltd Agent: Mr Jason O'Donnell

Ward: Bramley And Sherfield Ward Member(s): Cllr Venetia Rowland Cllr Nicholas Robinson

Parish: SHERFIELD ON LODDON CP

OS Grid Reference: 467586 157725

Recommendation: the application be APPROVED subject to the conditions listed at the end of this report.

Reasons for Approval 1. The proposed development would be of an appropriate design and relate to

surrounding development in a sympathetic manner and as such would comply with the National Planning Policy Framework (March 2012) and Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

2. The proposed development would preserve the character of the Sherfield on Loddon Conservation Area and as such would comply with the National Planning Policy Framework (March 2012) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

3. The proposed development would not result in an undue loss of privacy or cause undue overlooking, overshadowing, overbearing or noise and disturbance impacts to neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

4. The proposal would conserve the biodiversity value and nature conservation interests

of the site and as such the proposal would comply with the National Planning Policy Framework (March 2012) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

5. The development would not cause an adverse impact on highway safety and

adequate parking would be provided to serve the proposed development and as such the proposal would comply with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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General Comments: The application was deferred from the Development Control Committee meeting of the 10 January 2018 to allow for the submission of additional plans, further information and amended plans to provide details of the proposed finished levels for the site, details of material finishes for the proposed buildings, the heights of neighbouring existing properties and amendments to reduce the pitch of the roof slopes. This report is updated to take into account the additional information and amendments received and also incorporates the amendments to conditions reported in the committee update for the 10 January 2017 as well amendments to Condition 1 (Approved Plans) to take into account the information received. This application is brought before the Development Control Committee due to the number of objections received and the Officer's recommendation for approval, in line with the council's scheme of delegation. Planning Policy The site lies in a countryside location but is positioned to directly adjoin the Sherfield on Loddon Settlement Policy Boundary and the Sherfield on Loddon Conservation Area, both of which lie immediately to the north of the site. National Planning Policy Framework (NPPF) (March 2012) Achieving Sustainable Development Core Planning Policies Section 6: Delivering a wide choice of high quality homes Section 7: Requiring Good Design Section 11: Conserving and Enhancing the Natural Environment Section 12: Conserving and Enhancing the Historic Environment Decision Taking Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Sustainable Development) Policy SS6 (Housing in the countryside) Policy CN1 Affordable Housing Policy CN6 (Infrastructure) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM2 (Strategic Gaps) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM9 (sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution) Policy EP4 (Rural Economy) Sherfield on Loddon Neighbourhood Plan Sherfield on Loddon Neighbourhood Plan has been submitted by the Parish Council. The Examiners report in respect of the Neighbourhood Plan has been received and a referendum on the plan is due to take place in February 2018. Policy H2 of the Neighbourhood Plan supports new housing which will meet the requirement of Policy SS5 of the Local Plan. The

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Neighbourhood Plan does not envisage the need for further proposals once the Policy SS5 requirement has been satisfied since residents have made clear their wish to safeguard the rural character of the village and Parish. Policy H3 also recommends the provision of housing to meet local needs, with the most desirable market housing being 2 bedroom houses, rather than larger houses based on evidence undertaken by Action Hampshire. Due to the evolving status of the Sherfield-on-Loddon Neighbourhood Plan at this time limited weight can be afforded to the document. Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Sherfield on Loddon Conservation Area Appraisal Design and Sustainability Supplementary Planning Document

- Appendix 4 D (Conservation Areas) - Appendix 5 (Construction Statements) - Appendix 6 (Waste and Recycling) - Appendix 7 (Places to Live) - Appendix 14 (Countryside Design Summary) - Appendix 16 (Residential Amenity Design Guidance)

Residential Parking Standards SPD Landscape and Biodiversity SPD S106 Planning Obligations and Community Infrastructure Interim Planning Guidance Note (April 2015) Residential Parking Standards Supplementary Planning Document Landscape Character Assessment Supplementary Planning Guidance Other material documents/legislation The Community Infrastructure Levy (CIL) Regulations 2010 (amended 2015) National Planning Policy Guidance (NPPG) The Planning (Listed Buildings and Conservation Area) Act 1990 Description of Site The application site is an area of paddock land bounded with a hedge to the southern boundary, low planting and post and wire fencing to the eastern boundary and post and rail fencing to the western boundary. The site also incorporates an access to Goddards Lane, which passes between the dwelling at Little Bowlings and the buildings to the west. To the north east of the site are residential dwellings with open countryside to the south east and paddock land and an existing equestrian use to the south west and northwest of the site. Proposal This application seeks approval of the reserved matters of access, appearance, landscape, layout and scale following the grant of outline planning permission 15/01460/OUT on the 14 July 2016. The proposal seeks approval for the erection of four no. 5 bedroom two storey dwellings, two of which would feature integral garages and the remaining two would have detached double garages. The proposal would have associated landscaping and would utilise a new access to Goddards Lane. The proposal also seeks permission for the erection of a replacement office building to serve the existing cattery on adjoining land. The dwelling at Plot One would be a 4 bed dwelling measuring 11.6 metres in width, 12.6 metres in depth and 9.1 metres in height. The attached double garage to the south eastern

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side would be 6.2 metres in width. The dwelling at Plot 2 would be of the same design as that proposed at Plot One. The dwelling at Plot 3 would be a 5 bed dwelling measuring 13.6 metres in width, 12.1 metres in depth and 9.1 metres in height. The dwelling would have a detached double garage. Finally the dwelling at plot 4 would be of the same design as that at Plot 3 but would have a handed chimney and internal layout. The proposed dwellings would be sited a minimum distance of 29 metres from the existing neighbouring dwellings at Milkwood and Holly House to the east. Amendments Amended plans and details received on the 16 January 2018 showed a reduction of the angle of the roof slopes on the proposed dwellings from 45 degrees to 37.5 degrees with a corresponding reduction in the overall heights of the proposed dwellings from 9.1 metres to 8.7 metres. The external finishes of the proposed buildings are confirmed to be a red / brown clay facing brick, with a traditional clay plain roof tile with a darker yet similar tile colour for the areas of vertical tile hanging and roofs. Consultations Sherfield on Loddon Parish Council:- Objection “Sherfield on Loddon Parish Council considered this application at it’s meeting on 7 November 2017 and objects on the following grounds:

There is no design statement so the application is invalid.

The application does not comply with CN9 of the BDBC Local Plan as the development does not allow for safe, suitable and convenient access and results in traffic generation in an area where there have previously not been such car movements.

The application does not comply with T3 of the Sherfield on Loddon Neighbourhood Plan (which is currently at examination so weight can be applied) as it creates a traffic hazard in Goddards Lane.

The development does not comply with Policy SS6 in the BDBC Local Plan as it does not meet the requirement to be well related to the existing settlement, does not respect the qualities of the local landscape and is not in keeping with surrounding properties.

It does not comply with Policies D1 and D2 of the Sherfield on Loddon Neighbourhood Plan as the type of dwelling indicated on the plans are not sensitive to the location, however no design statement has been provided.”

Bramley Parish Council:- Support “The Parish Council wholly support comments and objections made by Sherfield-on Loddon Parish Council, and by the BDBC Principal Conservation Officer.” Councillor Rowland:- Objection “I would like to object to the reserved matters application. Unfortunately, the outline planning was passed prior to the Local Plan being in place and in located with EM2 Strategy Gap, outside of the settlement boundary of Sherfield on Loddon and completely inappropriate development. However, under reserved matters I would like the following objections noted and considered by the planning officer. This reserved matter application is supposed to provide appearance and landscape within the application. Nowhere in the documents supplied by the applicant is a design statement,

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a site scene and building materials specifications. Therefore, how can this be evaluated under reserved matters? Under reserved matters this application does not provides clear Transport Statement or Transport Assessment given its sensitive location, the number of parking spaces provided for anticipated car ownership in a rural location and access from a narrow lane which has no passing point at the access point into the "development". Policy CN9 of the BDBC Local Plant clearly states; Development proposals will be permitted that: a) Integrate into existing movement networks; b) Provide safe, suitable and convenient access for all potential users; c) Provide an on-site movement layout compatible for all potential users with appropriate parking and servicing provision; and d) Do not result in inappropriate traffic generation or compromise highway safety. The development does not allow for safe, suitable and convenient access, and it results in inappropriate traffic generation and compromised highway safety due to the number of vehicles in a location where there have not been such car movements. The reserved matters application also is not compliant with Policy T3 in the Sherfield on Loddon Neighbourhood Plan as it creates a traffic hazard at Goddards Lane. This application, which was passed in outline form, has not considered the Sherfield on Loddon Neighbourhood Plan which is at examination stage and therefore some weight can be applied to any application outline or reserved. Policies D1and D2 in the Sherfield on Loddon Neighbourhood Plan clearly states that all new developments must reflect the rural character and historic context of exiting dwellings within the parish. The Little Bowlings Development is in close proximity to a Listed Building and therefore should be sensitively designed to conserve and embrace the setting, form and character - SOLNP Policy D2j. I suggest that large "estate" type houses which are drawn on the plans and elevations are not sensitive to the location. However as no design statement has been provided this is open to interpretation. This is also under Policy SS6 in the BDBC Local Plan - in terms of the development being put forward under reserved matters - doesn't comply with ix) It is well related to the existing settlement and would not result in an isolated form of development; and x) The development will respect the qualities of the local landscape and be sympathetic to its character and visual quality; and xi) The development will respect and relate to the character, form and appearance of surrounding development, and respect the amenities of the residents of neighbouring properties.” Landscape Officer: No comments received. Tree Officer: Acceptable subject to conditions. Biodiversity Officer: Further information required. Conservation Officer: Objection Environmental Health Officer: Contaminated land conditions will need to be imposed if those imposed at outline stage are not valid.

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Public Observations 9 letters of objection have been received regarding the proposal, raising the following:

The proposal is unsafe and will lead to levels of traffic on the surrounding highway network with which it is no adequate to cope.

The proposal would change the nature of the lane to the detriment of the heritage assets of the site and is not sympathetic to the Conservation Area.

The proposal would lead to a high density development adjacent to the village boundary and would not be in keeping with the setting of the site.

The suburban design of the proposed dwellings is not in keeping with the setting.

A gated development would not integrate with the wider community.

No site notice has been displayed.

The proposal will lead to additional noise and disturbance to neighbours

The proposal does not accord with Policies SS6, EM1, EM4, EM7, CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

The proposal is contrary to Policies D1, D2 of the Sherfield on Loddon Neighbourhood Plan.

The proposed 1.8 metre high close boarded fencing to the development is inappropriate in this location.

The site is located within a Strategic Gap.

The application would lead to overdevelopment of the site.

The proposal will spoil the rural outlook.

The development is not needed or required in the area.

The proposal does not have adequate parking.

The proposal will impact the amenity of neighbours.

No appearance or landscape details are provided.

There is no traffic assessment provided.

The plans submitted are inaccurate and misleading.

Surface water runoff from the proposal would be a problem to neighbours. Relevant Planning History BDB/63183 Creation of new agricultural access

(Retrospective) Granted 02.08.2006

15/01460/OUT Erection of 4 No. residential dwellings with

associated garages Granted 14.07.2016

16/04716/LDPO Certificate of lawfulness for the proposed

erection of a single storey side extension Withdrawn 14.02.2017

17/00604/HSE Erection of a single storey side extension Granted 24.04.2017

17/00820/FUL Erection of 5 no. dwellings with associated

garages, landscaping and access Refused 03.10.2017

Assessment Principle of development The main planning considerations are whether the proposed housing development as set out in the Reserved Matters submission gives rise to a form of development appropriate in appearance, landscaping, layout, and scale (the reserved matters). This follows the grant of

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outline planning permission under 15/01460/OUT which established the principle of development. The outline permission remains extant. Housing Mix and Lifetime Homes In relation to housing mix (Policy CN3) the proposal is for four no. 5 bed dwellings, consistent with information provided at outline stage (on the application forms). While this development would lead to dwellings of one size consideration is given to criterion b) of Policy CN3 which requires the development mix to be appropriate in terms of size and location of the site. In this instance the site is read far more in relation to the development to the southern side of Goddards Lane than to the development on the northern side of Goddards Lane, which is within the SPB. In addition the relatively small scale of the proposed development, at only four dwellings, provides limited opportunity to provide a range of dwelling sizes and a design and layout appropriate to the adjoining developments. No details are provided in respect of whether the proposed dwellings would meet with the requirements of the Lifetime Home standards. As such a condition securing 15% of the dwellings to be constructed in accordance with this standard is considered reasonable and is recommended. Impact on the landscape character and visual amenities of the area The application site is located to the west of Sherfield on Loddon within an area of open countryside beyond the village edge. The site is accessed from Goddards Lane, which becomes more rural in character as it approaches the site. The site is currently a small field to the immediate south of Little Bowlings, which is a single property in generous grounds. Open countryside continues to the south and west of the site and is associated with local farmsteads. The agricultural character continues along Goddards Lane to the north-west of the site with a number of barns and farm buildings located in this area. The Sherfield on Loddon Conservation Area is immediately adjacent to the site to the east, and the boundary of the Conservation Area is coincidental with that of the Settlement Policy Boundary. Two public rights of way exist in close proximity to the site, from which views are likely. These are Footpath 22 to the west, and Footpath 21 to the south. The site is also located within the Loddon and Lyde Valley landscape character area (Basingstoke and Deane Landscape Character Assessment, June 2001). The principle of the development of the site with four dwellings is established with the granting of 15/01460/OUT. At this stage, it was determined that an appropriately laid out, scaled and landscaped scheme would not have a detrimental impact in landscape character terms, subject to appropriate design, detailing and materials. These details are considered below. - Layout

The proposed layout closely follows that indicated at the outline stage in application 15/01460/OUT with the only variation being a slight deviation of the access road slightly to the west and the relocation of the proposed office building eastwards. The layout of the proposed development is considered to reflect the pattern of development immediately adjacent to the site and the proposal is considered to be acceptable in this regard. - Scale and Appearance

Whilst the outline application did not include plans which gave any indication of the storey height or design of the proposed dwellings, the application was supported by information that

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indicated that the dwellings were to be two storeys. The design and appearance of the proposed dwellings is considered to be of an acceptable standard picking up on details of the local vernacular and would not appear out of context in the area when compared to the large dwellings immediately to the rear in Milkwood. This is particularly the case given the submission of the amended plans on the 16 January 2018 which reduced the height of the proposed dwellings and reduced the angle of their roof slopes. As such the dwellings proposed in this application confirm the footprints indicated at outline stage and are of an acceptable scale and design and as such the proposal is considered acceptable in this regard. It is noted that the details provided on the 16 January 2018 do not specify a particular brick or tile for the external facing of the proposed dwellings. However, it is considered that the use of clay tiled roofing and tile hanging with a red/brown facing brick accords well with the local vernacular and that conditions requiring specific details prior to commencement of development will ensure that the quality and appearance of the dwellings will be appropriate. Given that the principle of residential development at this site is established and with the proposed design of the properties deemed acceptable, it is considered that this proposal would not lead to additional or detrimental impacts upon the rural character of the area or the wider landscape character. - Landscaping

Landscaping is a Reserved Matter in respect of the permission granted under 15/01460/OUT, however little detail is provided in this regard in this application submission. It is noted that the permission granted under 15/01460/OUT was subject to a condition which required the submission of hard and soft landscaping details to be approved prior to the commencement of development. As such it is considered reasonable to add an informative advising the applicant of this condition to ensure the provision of satisfactory landscaping to serve the development. Strategic Gap The site is located within the Basingstoke/Chineham - Bramley/ Sherfield-on-Loddon strategic gap as defined on the ALP policies map and supported by Policy EM2 (Strategic Gaps). Para 6.16 of this policy notes that small scale development that is in keeping with the rural nature of the gap will not be prevented, provided that it is appropriately sited and designed to minimise the impact on the openness of the gap and is subject to other policies in the Local Plan. Whilst new dwellings would usually not be considered compatible with the Strategic Gap designation, it is a material consideration that the development was granted outline permission under 15/01460/OUT which remains extant. Therefore it is considered that a reason for the refusal of this application on this basis could not be substantiated whereby the proposal has been designed to ensure an appropriate impact upon the landscape. Impact upon heritage assets The Planning (Listed Buildings and Conservation Areas) Act 1990 requires consideration of a proposal upon the setting of a heritage asset, which could comprise a listed building or conservation area. This requirement is reflected within Local Plan Policy EM11 which requires that development within the curtilage of, or adjacent to, a listed building must not detrimentally affect its setting, with the NPPF (para 134) also requiring that, when determining applications, account should be taken of the desirability of sustaining and enhancing the significance of assets.

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The Sherfield-On-Loddon Conservation Area lies immediately to the north of the site. The Conservation Officer has objected to this proposal having regard to the relationship of the scheme to the existing settlement, advising that the proposal is inappropriate to the setting of the conservation area. Notwithstanding this, the principle of the development of the site to provide four dwellings has been established with the granting of 15/01460/OUT. The layout of the proposed dwellings is in accordance with the scale and positions shown on the indicative plans submitted in support of 15/01460/OUT and it is considered that a reason for the refusal of the application on this basis could not be substantiated. The Conservation Officer also considered that the creation of a gated development is alien to the character of the area and is also concerned that the finishes used at the entrance and the means of enclosure around and within the development should be appropriate to the rural setting of the conservation area. Details of means of enclosure and walls gates and fences are required by condition 5 of 15/01460/OUT and must be approved prior to commencement of development on site. As such the design, materials and position of these features of the development are subject to adequate controls to ensure that the character and appearance and setting of the Conservation Area is preserved in the public interest. In having regard to the setting of the Conservation Area and the planning history for the site, it is not considered that this reserved matters submission would result in harm to the setting of the heritage asset whereby the quality of the development can be ensured by way of conditions. The proposal is therefore deemed to result in less than substantial harm to the setting of the heritage asset and would preserve the appearance of the Conservation Area as required by the NPPF, the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policy EM11 of the Local Plan. Impact on neighbouring amenities Policy EM10 (b) of the Local Plan gives consideration to providing a high quality of amenity for the occupants of new development as well as neighbouring properties with respect to issues such as amenity, privacy, daylight and sunlight. The layout shows that the distances achieved between the dwellings at plots one and two from the existing dwelling at Milkwood are 29 metres minimum. Whilst the rising topography of the site relative to the existing dwellings to the north east is noted, it is considered that given the two storey nature of the dwellings proposed and the separation distances, the dwellings would not have a detrimental impact upon neighbours in terms of loss of light or overbearing impacts. It is acknowledged that the proposal would lead to a significant change in outlook, however the right to a view is not enshrined within planning legislation. It is also considered that the separation distances between the existing and proposed dwellings are sufficient to ensure that the proposed dwellings would not lead to a detrimental impact on the amenities of occupiers in terms of undue overlooking. The levels plans submitted on the 16 January 2018 show that the ridge height of the dwelling at plot 1 would be elevated relative to that at Milkwood by approximately 2.5 metres. Given the separation of 29 metres between these dwellings, this is not considered to be an unduly overbearing relationship which would lead to detrimental impact upon the amenities of the occupiers of Milkwood. It is considered that this higher ridgeline would not result in any harmful relationship between the properties and the separation exceeds the 20 metre minimum set out in the Residential Amenity Design Guide at Appendix 16 of the Design and Sustainability SPD. It is noted that the proposed dwellings would lead to a different and more intense level of activity and increased movements at the site than is currently the case, however the neighbouring dwellings themselves form part of the adjacent built environment. Given the

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proximity of existing neighbouring dwellings and the layout of the site, it is considered that the proposed dwellings would not lead to undue noise and disturbance to the detriment of the amenities of neighbours. The proposal therefore accords with the relevant criteria of Policies EM10 and EM12 of the Local Plan. Highway Safety and Parking Policy CN9 (Transport) requires that highway movements are not of an inappropriate type or level as to compromise highway safety with safe and convenient access for potential users and with a compatible on site layout with appropriate parking and servicing provision. The need for appropriate parking is additionally reflected within Policy EM10 with respect to ensuring that the amount, design, layout and location accords with parking standards. The proposal is located in a Rural Location as defined within the Residential Parking Standards SPD wherein a 5 bed dwelling is required to provide parking for four vehicles within the curtilage of the site. The dwellings at plots 1 and 2 have integral double garages with internal dimensions of 6 metres x 6 metres with Plots 3 and 4 to have detached double garages, the internal dimension of which also accord with the minimum dimensions set out in the SPD of 6 metres by 6 metres. In addition the frontage of each garage would provide adequate space for the parking of two further vehicles. As such it is considered that the proposal complies with the adopted Residential Parking Standards SPD Policies CN9 and EM10 of the Local Plan and is acceptable in this regard. The Highways Officer has made no comment in respect of this application, however it is noted that the detail provided mirrors that provided in support of application reference 17/00820/FUL which was considered by the Highways Officer who raised no objection to that proposal. The Officer did however recommended a number of conditions relating to details and the retention of visibility splays and operatives parking. This approach is considered reasonable in this case and as such similar conditions are considered to be both reasonable and necessary and are recommended. Biodiversity The Council has a duty under the Natural Environment and Rural Communities Act 2006 to have full regard to the purpose of conserving biodiversity being mindful of the legislation that considers protected species and their habitats and to the impact of the development upon sites designated for their ecological interest. These requirements are also reflected within the NPPF (para 118) and Policy EM4 of the Local Plan. As confirmed at the outline planning stage, the development site is not designated for its ecological importance. This application was supported by an Ecological Walkover Survey which was also used in support of 17/00820/FUL. The Biodiversity Officer considered this acceptable in assessing that application with no further ecological issues raised subject to securing a Habitat Enhancement Scheme and wildlife mitigation measures. Notably wildlife protection and a habitat enhancement scheme was secured at the outline planning stage therefore no further conditions are required and thus it is considered that the proposal is in accordance with Policy EM4 of the Local Plan and as such is acceptable in this regard. Trees The Tree Officer has raised no objection to the proposal subject to the imposition of conditions relating to adherence to the tree protection details provided in support of the application and restricting permitted development rights available to the proposed dwellings. Such conditions were included at the outline planning stage with details provided at this

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reserved matters stage which are secured via condition for implementation. The proposal accords with Policy EM1 of the Local Plan. Community Infrastructure Contributions and Affordable Housing The outline application 15/01460/OUT was scoped in accordance with the Community Infrastructure Levy (CIL) Regulations which enable Local Authorities to raise funds from developments to provide, maintain and enhance community infrastructure within the vicinity of a development. Whilst Basingstoke and Deane Borough Council has not yet finalised and adopted a levy, contributions may still be secured via a Section 106 'Legal Agreement'. In this instance contributions were secured in respect of the outline permission and no further legal agreement or variation is therefore required. The need for affordable housing in respect of this development was assessed at the outline stage against the policy context in place at that time, and no provision or off site contribution was required in respect of that application. Other matters Conditions relating to the potential for land contamination of the site were imposed at outline stage and as such remain in effect with regard to this proposal. A condition requiring surface water drainage details was also imposed in respect of 15/01460/OUT and must be discharged prior to the commencement of development. In accordance Policy EM9 of the Local Plan a condition will be added that secures construction in accordance with water efficiency standards of 110 litres or less per person per day. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- P14/37/S/301 Rev A, location and layout plan. - P14/37/S/310 Rev A, floor plans and elevations plot 1. - P14/37/S/320 Rev A, floor plans and elevations plot 2. - P14/37/S/330 Rev A, floor plans and elevations plot 3. - P14/37/S/340 Rev A, floor plans and elevations plot 4. - P14/37/S/331 Rev A, garage, plot 3. - P14/37/S/341 Rev A, garage, plot 4. - P14/37/S/350, office building. - P14/37/S/302, Street Scene Elevations A-A, B-B.

REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 Protective measures, including fencing, ground protection, supervision, working

procedures and special engineering solutions shall be carried out in accordance with the ACD Environmental tree report ref: EDI20805tr, 09/09/2016, and the ACD Environmental arboricultural impact assessment & method statement ref:

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EDI20805aia-ams, 07/02/2017. Any deviation from the works prescribed or methods agreed in the report will require prior written approval from the Local Planning Authority. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (March 2012) and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.

4 Notwithstanding the provisions of Article 3 of the Town and Country Planning

(General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no building, structure or other alteration permitted by Classes A, B, C and E of Part 1 of Schedule 2 of the Order shall be erected on the application site without the prior written permission of the Local Planning Authority on an application made for that purpose. REASON: To prevent the overdevelopment of the site in the interests of the amenity of the area and to safeguard the important trees, in accordance with Policies EM1and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

5 Prior to commencement of the development, the developer shall provide details of

the visibility splays achievable from the proposed site access. Nothing within the approved visibility splays shall exceed 1.0 metres above the level of the existing carriageway (including the land level and any walls, fences and vegetation). Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) these visibility splays shall be maintained in accordance with the above details at all times. REASON: In the interests of highways safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029. Details are required prior to commencement as sufficient details in this regard have not been provided in the application submission.

6 Prior to commencement of the development, the developer shall ensure that there is

provision to be made for the parking and turning on site of operatives’ and construction vehicles (together with storage on site of construction materials). The provision shall be retained and used for the intended purposed for the duration of the construction period and the area shall not be used for any other purposes other than for the parking and turning of vehicles (and storage of construction materials respectively). REASON: To ensure that roads are constructed to a satisfactory standard and to ensure the proposal complies with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

7 The development site shall be constructed in accordance with the approved details, including visibility splays, road and footway geometry, boundary features and access points; as shown on the approved drawings. Notwithstanding these approved drawings, minor details may subsequently be altered to comply with the necessary requirements of an adoption agreement. REASON: To ensure that roads are constructed to a satisfactory standard and to ensure the proposal complies with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

9 No development above ground level shall commence on site until a Construction

Statement detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use

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cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details. REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.

11 A minimum of 15% of the dwellings hereby approved shall be constructed in

accordance with lifetime mobility standards unless otherwise agreed in writing by the Local Planning Authority. REASON: To ensure an appropriate co-ordinated high quality form of development and to accord with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029.

12 The use of the office accommodation hereby permitted shall be incidental to the

principal use of the dwelling known as Little Bowlings and shall not be sold off, sublet or otherwise occupied unless otherwise agreed by the Local Planning Authority. REASON: The level of motor vehicle parking and vehicular movements to from the site relate to the specific operational requirements of the existing and proposed development at the site and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informatives:- 1 1.1 The applicant's attention is drawn to the fact that the above conditions (if

any), must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

- seeking amendments to the proposed development following receipt of the

application;

In this instance:

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- the application was acceptable as submitted and no further assistance was

required.

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

3. The applicant is reminded that Condition No. 7 of 15/01460/OUT requires the

submission of full hard and soft landscaping details, to be approved prior to the commencement of development on site and that this and all other conditions imposed upon the Outline approval remain extant in relation to this proposal.

4. If this development will result in new postal addresses or changes in addresses,

please contact the council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can be found on the council's website.

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Location plan

Site Layout Plan

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Plot 1

Elevations

South North

East West

Floor Plans

Ground Floor First Floor

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Plot 2

Elevations

South North

East West

Floor Plans

Ground Floor First Floor

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Plot 3

Elevations

West East

North South

Floor Plans

Ground Floor First Floor

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Plot 4

Elevations

West East

South North

Floor Plans

Ground Floor First Floor

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Garages to Plots 3 and 4

(Plot 3 shown, Plot 4 handed)

Elevations

Floor and Roof Plans

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Cttee: 7th February 2018 Item No. 8

Application no: 17/03461/FUL For Details and Plans Click Here

Site Address Woodlands Park Farm Ram Alley Ashford Hill RG19 8AY

Proposal Erection of 1 no. 2 bed, 3 no. 3 bed and 1 no. 4 bed dwellings, and 4 bay car port, following demolition of existing equestrian buildings, and removal of 2 no. mobile homes

Registered: 24 October 2017 Expiry Date: 9th February 2018

Type of Application: Full Planning Application

Case Officer: Lucy Page 01256 845515

Applicant: Jenny Redhead Agent: Mr Ian Lasseter

Ward: Kingsclere Ward Member(s): Cllr Donald Sherlock Cllr Ken Rhatigan

Parish: ASHFORD HILL WITH HEADLEY CP

OS Grid Reference: 454470 161967

Recommendation: the application be APPROVED subject to conditions listed at the end of this report and subject to no further representations being received raising new material issues at the end of the notice period, after which date the application be delegated to the Head of Planning and Infrastructure. Should new material issues be raised after the consideration of the application by Development Control Committee but before the expiration of the notice period, the Head of Planning And Infrastructure in consultation with the chair of the Development Control Committee shall determine the application in light of such comments.

Reasons for Approval

1. The site is located outside of any Settlement Policy Boundary and comprises Previously Developed Land which is not of high environmental value. On balance it is considered that, whilst marginally isolated in relation to distance from the settlement boundary, the combination of the positive contribution to the setting of the non-listed heritage asset, the alternative options to the private motor car which are available in the vicinity of the site, the high standard of design and the re-use of this previously developed land the development can be considered to be sustainable. The development would deliver a modest contribution towards the local supply of housing without prejudice to the wider development of the Borough. The proposal would therefore accord with the provisions of the National Planning Policy Framework (March 2012) and Policies SS6 and SD1 of the Basingstoke and Deane Local Plan 2011-2029.

2. The proposed development would have an impact on the local landscape character

and scenic quality of the area however would successfully mitigate that impact whilst delivering housing which is a social benefit of the scheme. The proposal therefore complies with the National Planning Policy Framework (March 2012) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

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3. The proposed development would not result in an undue loss of privacy or cause

undue overlooking, overshadowing, or overbearing impacts to existing neighbouring properties, and as such would comply with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4. The development would provide a safe and suitable access and would not cause an

adverse impact on highway safety and adequate parking would be secured to serve the proposed development. As such the proposal would comply with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

5. The proposed development would have an impact on local biodiversity however the

mitigation measures proposed would result in a scheme that would conserve the biodiversity value and nature conservation interests of the site, whilst delivering housing development. The proposal would therefore comply with the National Planning Policy Framework (March 2012) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

6. The proposed development would provide an appropriate mix of housing and as such

the proposal would comply with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029.

General comments This application has been brought to the Development Control Committee in line with the Council’s scheme of delegation due to the number of objections received and the Officer's recommendation for approval. The application includes access along a bridleway and the correct publicity has now been undertaken. The 21 day notice period will expire after the meeting date of 7th February 2018. Planning Policy The site is in a countryside location, outside of any recognised Settlement Policy Boundary (SPB). National Planning Policy Framework (NPPF) (March 2012) Achieving Sustainable Development Section 1 (Building a strong, competitive economy) Section 4 (Promoting sustainable transport) Section 6 (Delivering a wide choice of high quality homes) Section 7 (Requiring good design) Section 8 (Promoting healthy communities) Section 10 (Meeting the challenge of climate change, flooding and coastal change) Section 11 (Conserving and enhancing the natural environment) Section 12 (Conserving the Section 12 (Conserving and Enhancing the Historic Environment) Annex A: Decision Taking National Planning Practice Guidance

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Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Sustainable Development) Policy SS1 (Housing Delivery) Policy SS6 (New Housing in the Countryside) Policy CN1 (Affordable Housing) Policy CN3 (Housing Mix) Policy CN6 (Infrastructure) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM5 (Green Infrastructure) Policy EM7 (Managing Flood Risk) Policy EM9 (Water Quality) Policy EM10 (Delivering High Quality Development) Policy EM11 (Historic Environment) Policy EM12 (Pollution) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Design and Sustainability SPD

- Appendix 5 - Construction Statements - Appendix 6 - Storage and Collection of Waste and Recycling - Appendix 7 - Places to Live - Appendix 14 - Countryside Design Summary - Appendix 16 - Residential Amenity Design Guidance

Residential Parking Standards SPD Affordable Housing SPD Housing Mix and Lifetime Mobility Standards SPD Landscape Character Assessment SPG Landscape and Biodiversity SPD S106 Planning Obligations and Community Infrastructure Interim Planning Guidance Adopted Interim Green Space Standards Ashford Hill with Headley Village Design Statement (VDS) Other Relevant Documents National Planning Practice Guidance Wildlife and Countryside Act 1981 (as amended) Conservation (Natural Habitats, &c.) Species Regulations 2010 (as amended) Natural Environment and Rural Communities (NERC) Act (2006) The Community Infrastructure Levy (CIL) Regulations 2010 (Revised 2015) Description of Site The site is in a countryside location, outside of any recognised Settlement Policy Boundary (SPB). Although there are some dwellings and agricultural buildings in the locality, these are sporadically sited with the overall character of the area dominated by open fields, agricultural land and land in equestrian use. The site presently contains various buildings associated with the equestrian use of the land including:

a red brick two storey farm house adjacent to the site access which has recently been sold off from the farm;

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two agricultural style barns with an area of hard-standing to the north-west of the access. Barn 1 is a brick and tiled building slightly higher than average single storey height. Barn 2 is a combination of an enclosed shed with corrugated roof and a tall sided barn again with a corrugated roof;

Barn 3 is a large, open fronted barn which is used for the storage of hay and equipment positioned to the rear of the existing farmhouse (now demolished);

in addition to these buildings there are 2 no. mobile homes adjacent to the western boundary of the site screened by existing barns.

The land to the northeast of the site is overgrown however the agent has confirmed that the land has been managed on behalf of the applicant in order to deal with Japanese Knotweed and this has now been successfully treated. It is now intended to plant this area as a wild flower meadow. The boundary is well treed which demarcates the site from adjoining land. Parallel to this boundary and within the adjoining land sits a further open sided barn, approximately 4-5m high. Land to the north west of the application site is additionally in equestrian use and contains a manège and paddock areas. Proposal The proposal is for a courtyard development following removal of the existing structures and mobile homes comprising of five dwellings comprising of a barn style house, three dwellings designed to appear as converted stables, one single storey ‘small barn’ dwelling and a four bay cart shed. The details of the proposed dwellings comprise:

Large barn – detached 2 storey 4 bed (282 m2);

Small barn – Single storey 2 bed and double garage (147 m2);

Terrace of 3 Stables comprising 1 x 2 storey 3 bed (190 m2) and 2 x 2 storey 3 bed (151m2);

Detached Cart Shed for car parking (58m2). It is envisaged that the properties would be constructed from external facing brickwork with some timber cladding sitting under tiled roofs. Consultations Landscape Officer: Objection Tree Officer: No objection subject to conditions Natural England: No comments Environmental Health Officer: No objection subject to conditions Public Observations Four letters of objection received on the following grounds:

Unsafe condition of Ram Alley and implications for additional traffic on the bridleway

Ram Alley does not provide suitable access

Local infrastructure is not adequate for a development of this scale

The development does not form part of the village plan

Does not comply with current planning policy

Scale and use of development is inappropriate to the site’s context

Doubling number of homes will dramatically affect the surrounding area

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No plans to upgrade broadband facilities to accommodate increase in demand

No plans to provide mains drainage

The proposed buildings will over shadow and overlook our home and land (Stable Cottage) resulting in loss of privacy accompanied by severe disturbance and increased noise during construction and occupation, adversely impacting on health of family and animals

Currently receive water supply from the farm – concerned about supply during construction and doubling number of homes serviced by this gives concern about pressure

Relevant Planning History 17/01450/OUT Erection of 5 no. dwellings comprising 1

no. barn-style house, 3 no 'converted stable' dwellings, 1 no single storey 'small barn' dwelling and 4 bay cart shed. Demolition of existing equestrian buildings and removal of two mobile homes

Refused 10.08.2017

16/02668/FUL Erection of 1 x 2 bed, and 3 x 4 bedroom dwellings, three carports, associated parking and amenity areas.

Refused 13.01.2017

16/04027/HSE Demolition of existing flat roofed rear extension (one and two storey) and erection of two storey rear extension and single storey oak framed dining room.

Granted 21.12.2016

15/04128/GPDADW Notification of proposed change of use from agricultural barn to Use Class C3 dwellinghouse

Refused 04.02.2016

15/02911/GPDADW Notification of proposed change of use of 2 no. agricultural buildings to class C3, 2 no. 4 bedroom dwellings, following partial demolition

Refused 08.10.2015

15/01285/HSE Erection of 2.1 metre high brick, and 2.1 metre high brick and flint walls

Granted 23.07.2015

BDB/47040 Erection of dwelling, to serve mixed - agricultural/equestrian use

Granted 27.04.2000

BDB/42306 Change of use of land to mixed agricultural and equestrian, construction of outdoor manage and temporary siting of mobile home for staff accommodation

Refused 27.08.1999

BDB/41974 Erection of Conservatory Granted 07.10.1997 BDB/36726

Conversion of barn to stabling for domestic horses

Granted

12.10.1994

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Assessment Background An outline application for the erection of 5 no. dwellings comprising one barn-style house, three 'converted stable' dwellings, one single storey 'small barn' dwelling and a four bay cart shed was refused at Committee in August 2017 for the following reasons:

1. The proposal is for the erection of five new dwellings within the countryside, in an unsustainable and isolated location, for which there are no exceptional circumstances that would justify a departure from the Development Plan. The proposal is contrary to Policies SD1, SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (March 2012).

2. The introduction of new residential development beyond the existing sporadic development which fronts this lane, would have an adverse impact on the rural character of the area, would have an urbanising impact and fail to respect or improve the local landscape character and visual amenities. As such the proposal would be contrary to the National Planning Policy Framework (March 2012), Policies SD1, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, the Design and Sustainability Supplementary Planning Document - Appendix 14:Countryside Design Summary and The Ashford Hill with Headley Village Design Statement (2004).

Although it was considered that the indicative design of the development was of a high standard and appropriate design for the setting of the existing farmhouse, the outline nature of the submission meant that this could not be secured. This resubmission therefore seeks full planning permission to enable full consideration to be afforded to the design and layout of the properties. Principle of development Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. In this case the development plan for the area is the Basingstoke and Deane Local Plan 2011-2029. At a national level, the National Planning Policy Framework (NPPF) constitutes guidance, which the LPA must have regard to. The NPPF does not change the statutory status of the development plan as the starting point for decision making, but is a material consideration in any subsequent determination. The site is located outside of a Settlement Policy Boundary (SPB) and is within the part of the borough which is designated as countryside as per Policy SS1 (Scale and distribution of new housing). The primary policy in terms of considering the principle of the proposed development is considered to be Policy SS6 (Housing in the Countryside). Policy SS6 states that development in the countryside will only be permitted if the site is on previously developed land; is part of a rural exception scheme; is for the re-use of an existing building; involves the replacement of an existing dwelling; is required to support an existing rural business; or is allocated by a Neighbourhood Plan. The site currently forms part of an equestrian business and is part of total land holding of approximately 8.5 hectares. Given the equestrian use of the site (as opposed to agriculture), and the presence of a number of permanent buildings, the land to which the application site relates can be considered as Previously Developed Land under Policy SS6(a). This states that development proposals for new housing outside of Settlement Policy Boundaries will only be permitted where they are on 'previously developed land', and

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provided that i) they do not result in an isolated form of development ii) the site is not of high environmental value and iii) the proposed use and scale of development is appropriate to the site's context. It is therefore key to assess whether the proposal would result in an isolated form of development or not. It is considered that the term 'isolated' has two distinct dimensions: firstly whether the site is physically remote and secondly whether it has easy access to services and facilities. The Local Plan provides a definition of isolated as:

"in the context of new residential development in the countryside where there is a significant separation between the proposed dwelling and the nearest settlement. Additionally, a dwelling is considered to be isolated if it is not well served by public transport (e.g. within 500 m of a bus stop or train station) or well served by services and facilities (e.g. within 1km of an SPB, which generally contains facilities such as schools, post offices, doctors surgery, etc)." The Local Plan provides a definition of a settlement as "a settlement typically consists of a village, comprised of more than a group of houses, or farmstead, including at least one service or facility, such as a village hall, public house or school."

Ram Alley is an unmade private road (bridleway), linking onto Ashford Hill Road, approximately 400m from the application site boundary. Ashford Hill Road is a single carriageway rural road, with no pedestrian footways and no street lighting, apart from a section of footpath leading from the church down towards the village of Ashford Hill. The proposed dwellings would be located outside of any defined SPB, separated from other more concentrated residential development and physically remote from local services. The village of Ashford Hill is approximately 1.1 km away if travelling from the site along Ram Alley and Ashford Hill Road to the village, this offers a limited number of services including a Primary School and church, which would be insufficient to meet the daily needs of future occupiers. If the distance from the SPB is measured ‘as the crow flies’ then this distance is less than 1km. There is a village shop and post office in Headley which is approximately 5.3km from the site. It is considered that cycling and walking to such facilities would be unrealistic due to highway characteristics given the roads are unlit and do not benefit from footpaths. Whilst there is likely to be a reliance on the private motor vehicle, following the previous refusals for residential development on the site, the applicant has now provided additional information on the types of alternative transport available. There is a bus stop serving both South East and North West bound buses adjacent to St Paul’s Church which is on the Ashford Hill Road and approximately 0.8km from the site. There are a further 6 stops along the road towards Headley. This is a ‘hail down’ service operated by Stagecoach and these stops are also used to pick up and take children to and from local schools. In addition there is a ‘dialaride’ rural service which is run by Community First. This is a door to door service which is available to anyone who has a mobility or sensory impairment which means that they are unable to or experience difficulty or discomfort in using bus services. HCC also provides a ‘Home to School Transport Entitlement Policy’ for pupils under 16 travelling to mainstream schools from rural areas. The previously refused applications for the site included a reason for refusal in relation to the isolated nature of the development. In assessing this application, it is considered on balance that whilst marginally isolated in relation to walking distance to the edge of the settlement boundary, there is access to public transport as an alternative option to the private motor car which is available less than 1 km from the site. Furthermore this application provides for a high standard of design and detailing of this proposal which re-uses previously developed

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land would result in development which can be considered to be sustainable and would sit acceptably in the context of the locally listed building, Woodlands Park Farmhouse. Furthermore, since the decision was issued for 17/01450/FUL, the High Court have given further consideration to the term ‘isolated’ having regard to paragraph 55 of the NPPF. In the Judgement of Braintree District Council v Secretary of Statement for Communities and Local Government, Greyread Limited and Granville Developments Limited dated 15 November 2017, weight was afforded to the spatial/physical context of a development and its opportunity to contribute towards a thriving rural community. This judgement acknowledged that new dwellings in the countryside are likely to retain reliance upon private vehicles and that new development which is not ‘truly’ isolated could be deemed acceptable whereby this would support local services and facilities within the rural settlement to which the site is located as well as assisting to support the viability of services and facilities within neighbouring settlements. In having regard to the location, and with a presumption in favour of development as required by the NPPF, in this instance, it is considered that the principle of development is acceptable having regard to the High Court Judgement and accords with criteria a(i) to Policy SS6 of the Local Plan. In relation to the other criteria set out within policy SS6(a), the application site comprises of an equestrian yard with stabling accommodated in agricultural style barns. The buildings indicate their rural function however it is not considered that the site is of a high environmental value. The remaining criteria are not relevant to the consideration of this proposal. The final criteria of Policy SS6(a) refers to the use and scale of the development having regard to the site’s context. This is to receive assessment below in conjunction with other relevant policies of the Local Plan.

NPPF

The proposal is in general conformity with the policies of the development plan however the NPPF is a material consideration in the determination of any planning application. The NPPF sets out a presumption in favour of sustainable development which should be seen as a golden thread running through both plan-making and decision-taking. The three dimensions to achieving sustainable development are defined in the NPPF as: economic, social and environmental, and it is necessary for the LPA to consider carefully to what degree the proposal would meet the sustainable development goals of the NPPF. The economic role of the NPPF requires proposals to contribute to building a strong, responsive and competitive economy. The social role requires planning to support strong, vibrant and healthy communities and states that it should create a high quality built environment. The environmental role states that the natural built and historic environment should be protected and enhanced and should mitigate and adapt to climate change. Whilst it is noted that the proposal is of a relatively small scale, the proposed development would encourage development and associated economic growth through the associated building works of five new dwellings. This would however be balanced against the loss of these existing buildings which are in a reasonable state of repair and, as the agent has confirmed, could continue to be used as part of an equine business contributing to the local rural economy. Future occupants of a residential development would also contribute to the local economy and contribute towards ensuring the continued viability of local facilities and services in the settlement and wider Borough. The proposal can therefore be recognised to comply with the economic role of the NPPF. In terms of the social role, the proposal would provide new dwellings which could have a 'positive' social aspect as it would increase the supply and mix of houses and in this regard the development would provide social benefits to the local community. With regard to the environmental role of the development, an important

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consideration is the location of the development and whether the scheme would result in an isolated form of development. In balancing the overall planning merits of this scheme, the improved design and layout picks up features of the historic use of the site and would result in a high quality built environment and overall would meet the aims of the guidance contained within the NPPF in respect of the three pillars of sustainability. Affordable Housing Local Plan Policy CN1 requires the provision of 40% affordable housing as part of new residential development with there being no minimum threshold to provide a contribution, whether this is on site or via a financial contribution. Whilst the requirements of the Local Plan are acknowledged, the Council is additionally mindful of the Planning Practice Guidance (PPG) which was updated in May 2016 to confirm that contributions for affordable housing and other ‘tariff style’ financial contributions should not be sought from small-scale residential developments of 10 units or less (5 units within designated (e.g. AONB) rural areas) and which have a maximum combined gross (internal) floor space of no more than 1,000m2. In this instance, the development falls under the PPG’s thresholds and is not liable for contributions towards affordable housing. Housing Mix Policy CN3 of the Local Plan, in line with the aims of the NPPF, seeks to ensure that a proposed housing mix addresses specific housing needs/shortfalls as opposed to meeting specific Borough wide standard housing mix thresholds for development. The policy also requires that the mix is to be supported by evidence to justify the proposed housing mix, with supporting text stating this is to be based on an assessment of “a range of sources of housing evidence” such as the Strategic Housing Market Assessment (SHMA), and the Rural Housing Survey. No supporting information has been provided to justify the mix of properties however notable the proposal seeks 1 no. 2 bed, 3 no. 3 bed and 1 no. 4 bed dwellings providing a mix of units and also providing for smaller family sized dwellings. This mix is accepted being mindful that the Housing Needs Survey and the SHMA highlight the greatest need for one, two and three bedroom units with a lower proportion of four bedrooms or larger units being required in the future respectively. The mix of units would also have regard to the characteristics of the site and local area as advised by Section 5.28 of the Local Plan. Whilst the mix in terms of number of bedrooms is acceptable, the development does not outline whether the proposal would provide 15% accessible and adaptable homes as required by CN3(d). A condition and informative has therefore been included to advise the applicant of the need to provide 15% of the homes to this standard, in line with Building Regulations. Impact on the character of the area/ design Policy EM10 of the Local Plan requires proposals to apply a high standard of design, to make efficient use of land and have regard to the local context in terms of design, siting and spacing. Policy EM1 requires development to respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected. The requirements of these policies are also reflected within the Ashford Hill and Headley Village Design Statement (VDS) for both the pattern and context of development. The application site forms part of the land comprising of Woodlands Park Farm and is set to the rear of The Stables Cottage. The farm is accessed by a rural, unmetalled track which is a public right of way, route number 731, over one kilometre from the SPB of Ashford Hill. The

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track has mature hedgerow interspersed with trees that creates a strong sense of enclosure and a secluded aspect to the route. The site relates well to the local landscape character, being very rural with a remote and tranquil feel. The site currently contains a mixture of small period barns built from red brick and more modern agricultural style buildings which have been used for equestrian purposes. The latter consists of both open fronted and enclosed buildings. There are two mobile homes within the site, one of which is in a state of disrepair. Both are screened from public views by a barn on the western edge of the application site. Combined with other period dwellings that are characteristic along Ram Alley, the immediate landscape has a bucolic, agricultural character and the built form typically comprises single dwellings with associated barns and agricultural buildings. The site sits on the edge of the Ecchinswell Landscape Character Area (Basingstoke and Deane Landscape Assessment 2001). This is characterised by:

A gently undulating landform created by north-south running streams, forming a series of minor valleys and a complex landform

A diverse and complex pattern of small to medium scale mixed farmland, occasional well managed parkland, numerous relatively small irregular copses and woodland areas, and a generally intact hedgerow and tree structure

Generally well wooded, unspoilt rural character giving a distinctive sense of place

Numerous scattered remnants of ancient semi natural broadleaved woodland, of ecological and historic landscape value

Generally low intervisibility through the area, with views contained by frequent hedgerows and woodland blocks

Network of narrow roads linking scattered small villages, hamlets, farmsteads and individual dwellings.

The application site relates well to this overall character. As a farmstead, it is situated within an arrangement of generally small to medium agricultural fields along a narrow rural lane. A number of blocks of woodland are dotted within the landscape, most of them designated as SINCS. Hedges are a repeated feature of the area, running along field boundaries and road edges. The current application follows previous unsuccessful proposals to demolish parts of the farmstead and develop the site for residential use (16/02668/FUL and 17/03150/OUT) with all matters reserved apart from access. These applications were refused at Committee as they were considered unacceptable in landscape terms and due to the isolated location of the site. The current proposal is a Full application to consider all matters, for the demolition of a significant part of the farmstead and its replacement with residential dwellings. The layout submitted arranges the dwellings in a more courtyard form than the previous full application (ref 16/02668/FUL) around a square ‘yard. The proposed dwellings would also appear as a more traditional agricultural design, mimicking barns and converted stables, along with a parking ‘cart shed’. Access onto the site would be taken from Ram Alley to the southern boundary which is the same as the existing situation. The development comprises the removal of various agricultural buildings, the largest of which are currently aligned to extend north east from the

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access, with further smaller structures positioned along the access itself. The Landscape Officer has reviewed the development and considers that whilst the proposals offer some improvement over the previous schemes, the principle issue remains whereby it is considered that the insertion of a cluster of residential development together with domestic paraphernalia in this location would be harmful to landscape character and visual amenity. The landscape surrounding Ram Alley is remote, quiet and scenic, heavily dominated by agriculture, with numerous farmsteads being positioned close by. Apart from these, the only residential dwellings outside the settlements of Headley and Ashford Hill are individual properties scattered along roads and lanes, facing the road. The application is supported by a Design and Access Statement which confirms that following the refusal of the previous schemes, the applicant has worked to resolve issues relating to the design of the development and has carried out some research on the historical layout of the farm. An aerial photograph from 1959 has helped to inform this current proposal to recreate a traditional farmyard around a central square. The photograph confirms that in 1959 this part of Ram Alley had more built form on the site with a variety of barns, stables and other buildings of two-storey and single-storey scale. It is therefore considered that the proposal would not have any disproportionate level of built form compared to the current or historic context. Woodlands Park Farmhouse is a locally listed building. The Design and Access Statement sets out the design rationale, “In an attempt to recreate a farmyard, it is proposed to erect a ‘large barn’ dwelling at the northern end of the courtyard and a small, single storey barn dwelling at the opposite end adjacent to the L-shaped stables block at Stable Cottage. The right hand side of the courtyard would be enclosed by three ‘stables’ dwellings designed to resemble a traditional stable range with ‘grooms’ accommodation in the roofspace and first floor light obtained via ‘hayloft’ windows. The end unit closest to Stable Cottage would be of a reduced scale in order to break up the mass of the block and step down to the smaller scale buildings to the south. The south-eastern side of the courtyard would be defined by a simple, open fronted cart shed for parking.” The design is the same as that alluded to in the previously refused outline application however with that submission, there was no ability to secure the design as part of the application because all matters were reserved for later approval, apart from the access arrangements. It is considered that subject to the use of high quality materials and detailing of the elevational treatment which could be secured via conditions, the current proposal would result in a high quality development. Although the dwellings would be partially screened by existing buildings, particularly the existing stables, they would be partially visible from the Public Right of Way. The introduction of residential development in this location would introduce a domestic and more urbanising character to the existing landscape, as a result of parked vehicles, amenities such as bins and lighting, as well as domestic paraphernalia such as hard surfaced patios, garden furniture and ornaments, washing lines and garden toys. These impacts are acknowledged however they would be lessened through the high quality design and layout which is informed by historical records of the site as well as the secluded, rural and agricultural nature of the landscape. Whilst additional residential development would have an impact on the local landscape character, the development would fit appropriately into the landscape. This could be further improved through appropriate landscaping of the site and the application confirms that new native hedges would form part of the scheme. The removal of permitted development rights would additionally seek to control the external appearance of the properties and their curtilages ensuring that the development could remain acceptable within the landscape. The Ashford Hill and Headley Village Design Statement (VDS) sets out in the planning guidelines that, “Ashford Hill has rich variety in its buildings and general setting and the openness of the true countryside up to its doorways. Building around the village would

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encroach on this and should not be encouraged”. This proposal would result in additional residential development outside of the Settlement Policy Boundary, contrary to the guidelines set out in the VDS. The layout responds to the historic context of the site in terms of creating a courtyard and could be considered to meet the requirements of Policy EM10 which requires new development to respond to the local context of buildings in terms of siting, density and spacing. The proposal would have some conflict with Policy EM1 which requires a demonstration that proposals will be sympathetic with the landscape character. This is because the introduction of residential development in this location would alter the character and appearance of this attractive rural area from an equestrian yard to residential use however this assessment is weighed against the high quality of design proposed and the re-use of previously developed land which gives support to residential development. It is considered that the traditional courtyard design with dwellings constructed in a mixture of timber cladding and brickwork elevations with plain clay tiles and natural slate would successfully integrate residential development into this location and with appropriate conditions, would be acceptable. Impact on neighbouring amenities There are several other residential properties fronting Ram Alley including White Cottage, Woodlands Cottage, Stable Cottage and the Pink Cottage. The closest residential property to the site is Woodlands Park Farm House at 17m separation from the front elevation of the proposed Small Barn. Woodlands Park Farm House sits adjacent to the site access and has recently been severed from the holding. Stable Cottage at 17m from the site boundary sits to the south of the site and has a detached stable building adjacent to part of the southern boundary. The existing access onto the site would be used to serve the proposed development. The equestrian use of the land already generates some vehicular activity to the side of Woodlands Park Farm House. It is not considered that the use of part of the land for residential purposes would have a significant impact in relation to the amount of traffic generated from the existing situation and the siting of the dwellings would not result in overlooking or appear overbearing to the occupants of this property. The proposal could be successfully accommodated with regards to the impact on their amenity. The southern part of the site is adjacent to the boundary with Stable Cottage. This property could also be affected by the existing equestrian use of the site in relation to noise and other amenities issues associated with this use. Concern has been raised by the occupants of this property in relation to the impact on their amenity as a result of this development. The ‘small barn’ dwelling would be located to the north of the stables building which is associated with the dwelling at Stable Cottage. The ‘small barn’ is single storey and the plans indicate that three ground floor windows would face towards this boundary. Views would be limited by the existing boundary treatment and rear elevation of the stable building which does not have any openings on this elevation. Two first floor windows are proposed on the southern elevation of the row of three terraced properties identified as ‘the stables’ on the plans. These windows are proposed to serve two en-suites and given that they face towards the rear garden area of Stable Cottage are not considered to result in significant impact to the amenities of this property in relation to overlooking, subject to condition requiring that they are obscured glazed. Concern has also been raised that the development would have an impact on the occupants of Stable Cottage in relation to appearing overbearing. The proposed ‘small barn’ with a roof ridge height range of 5.2 to 6.1 metres would sit approximately 4.8 metres from the closest boundary which is adjacent to the single storey stable outbuilding associated with the

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neighbouring property stable cottage. The ‘stables building’ forms the eastern edge of the development and sits approximately 8m from the boundary. It is acknowledged that the building would be visible to the occupants of Stable Cottage however it is not considered that the introduction of this building and the other development proposed would appear as significantly overbearing to justify refusal on that basis. It is considered that the development could be successfully accommodated without significantly impacting on the amenities of neighbouring residential properties. Conditions in relation to hours of construction to ensure that the amenities of neighbouring properties are maintained during the construction period have been added. Amenities of future occupants The impact of the proposed development upon existing neighbouring amenities has been considered in the section above. However, it is also important to consider the proposal with regards to the amenity of future occupants of the site, particularly with regard to Appendix 16 of the Design and Sustainability SPD 'Residential Amenity Design Guidance'. The SPD details that residential gardens for a 4 or more bedroom property should have a minimum area of 60m2, with a minimum depth of 10m although the depth can be flexibly assessed depending on the overall garden area. Whilst not all of the gardens have a 10m depth, each of gardens provide an area of greater than 60m2. The development therefore meets the requirements of the guidance and accords with Policy EM10 of the Local Plan. Highway and parking Policy CN9 (Transport) requires that highway movements are not of an inappropriate type or level as to compromise highway safety with safe and convenient access for potential users and with a compatible on site layout with appropriate parking and servicing provision. The need for appropriate parking is additionally reflected within Policy EM10 with respect to ensuring that the amount, design, layout and location accords with parking standards. The application site is approximately 400 metres from the Ashford Hill Road accessed via a bridleway. The application makes use of an existing vehicular access which is situated to the side of the existing farm house. This existing access is 3.5m wide and it is proposed to widen this to 4.2m. The access is currently gated however it is indicated that these would be removed as part of the proposals. The site is situated within a ‘Rural’ location for the purposes of assessing NPPF Sustainable Transport Modes and the provision of residential motor vehicle and secure cycle parking provision plus refuse/recycling facilities. The agent has previously clarified that if a ‘diy’ livery yard operated from the site (where owners feed and turn out their own horses) then daily vehicle movements could be between 30 to 40+ vehicles per day. A ‘full’ livery yard or other equestrian use may have fewer vehicle movements. The Highways Officer has raised no objections to the proposed residential use of the land in relation to the impact on the highway network given its existing use.Traffic generation is estimated on number of dwellings. As per 17/01450/OUT and 16/02668/FUL, at an average of seven movements daily for each dwelling, the estimated traffic for residential use would not be an increase over the traffic estimated for the former stables use. - Parking

The site is situated within a ‘Rural’ area for the purposes of assessing NPPF Sustainable Transport Modes and the provision of Residential motor vehicle and secure cycle parking provision plus refuse/recycling facilities. The plans indicate that there would be both communal and on plot parking areas. The site area has scope to provide sufficient car

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parking and cycle storage for the development in accordance with the requirements comprising twelve car parking and fifteen cycle spaces and the Waste Client Service has also confirmed the collection vehicle access via Ram Alley. With conditions to be imposed to secure parking requirements, the development would not give rise to overriding demonstrable harm on highway safety grounds and accords with Policies CN9 and EM10 of the Local Plan. Effect on the Public Right of Way The site is accessed from Ram Alley through which Ashford Hill with Headley Bridleway 731 runs. This bridleway forms a key route into the countryside to the south where it connects to a number of other Public Rights of Way. The HCC Countryside Access Officer commented on the previous application that the development would intensify the use of this lane and sought a financial contribution towards mitigation measures to enhance the local rights of way network. As set out in the previous section of the report it is not considered that the development would result in additional traffic above that of the existing use and therefore whilst the comments are noted, it would not be reasonable to require contributions towards mitigation measures. Construction traffic would need to make use of the Public Bridleway for access. The Countryside Access Officer advised that this route should be kept open throughout the construction period, and an appropriate traffic management system be secured and implemented through condition, including the erection of signs warning drivers of the presence of pedestrians and the need to give way and this is considered appropriate. A suggestion was made that this should also include the use of banksmen however given the existing use of the bridleway by vehicular traffic and the existing use of the site for equestrian purposes (where a greater number of vehicle movements including horse lorries could be generated), this is not considered necessary. With the previous applications not refused on the basis of any conflict with the bridleway, it would be unreasonable to raise objection on these grounds. Biodiversity The Council has a duty under the Natural Environment and Rural Communities Act 2006 to have full regard to the purpose of conserving biodiversity which extends to being mindful of the legislation that considers protected species and their habitats and to the impact of the development upon sites designated for their ecological interest. These requirements are also reflected within the NPPF (para 118) and Policy EM4 of the Local Plan. The site itself is not located upon any site that is designated for its ecological importance however the eastern boundary of the site comprises mature trees and some of the areas around the existing stable buildings and barns are unimproved and overgrown. There may be possible bat roosts in the poplar trees on the eastern boundary of the site and there is a known bat roost in a farm house to the southeast of the development. The application has been supported by an ecological report and the Biodiversity Officer has confirmed no objection to the proposal subject to a condition relating to external lighting and biodiversity enhancements. This approach conforms with requirements of the NPPF noting in particular that light pollution is known to effect the foraging behaviour of various species of bats to a greater or lesser extent which are a protected species under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010. Subject to the imposition of conditions and an informative to address the possible presence of protected species, the proposal would accord with Policy EM4 of the Local Plan.

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Trees Existing trees within the site form part of its character and both national and local plan policies seek to ensure that reasonable measures are taken to safeguard trees. The Tree Officer has raised no objections to the proposed development subject to condition. It is therefore considered that the proposal could be accommodated on site without detriment to retained trees which can be secured by condition. The development is in accordance with Policy EM1 of the Local Plan. Environmental Health The Council’s Environmental Health Officer raised no objection to the previous scheme, subject to conditions relating to the submission of a land contamination assessment and restrictions on construction and delivery hours. This would also address one of the concerns raised in letters of representation in relation to construction and delivery noise. The Environmental Health Officer confirmed that the proposed residential use would be sensitive to the presence of contamination given the previous farming and equestrian use of the site. Conditions to deal with this matter have been added to ensure that the proposal accords with Policy EM12 (Pollution). Section 106 agreement - need and compliance with statutory tests The application has been scoped in line with the CIL Regulations 2015 and the following tests have been considered;

(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

Through the Council's 'scoping' process, consideration has been given to whether five dwellings in this location would attract contributions to mitigate for the impact of additional residents. No suitable projects have been identified and in this instance, due to the size of the proposal in respect of scale (10 units or less) and floorspace (less than 1000 m2), it would not meet with the thresholds for securing off-site contributions or on-site affordable housing in any case as set by the National Planning Practice Guidance. Flood Risk and Drainage The NPPF requires that new development should be either directed away from areas at highest risk or alternatively demonstrated to be flood resilient and resistant. This applies a sequential approach, taking advice from the Environment Agency and Lead Local Flood Authorities to ensure that risks of flooding are adequately managed, whilst also accounting for future climate change. The Environment Agency Flood Risk Maps position the site as falling within Flood Zone 1 giving the site a low risk of flooding (less than 1 in 1000 annual probability) and considers that the site to be at low risk of surface water flooding. Due to the location, and with the site area sitting under 1ha in size, there has not been a requirement to accompany the application with any flood risk assessment. The site is outside of any critical drainage area therefore with the development proposal also falling below thresholds set by Hampshire County Council as the Lead Local Flood Authority for assessing drainage matters, surface water drainage is therefore best addressed through Building Regulations. The submitted application form states that foul sewage disposal would utilise a package treatment plant. Given that the site lies some distance from its nearest connection point to a main drains foul sewer connection this is considered appropriate.

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Energy Efficiency Policy EM9 of the Local Plan sets out a requirement to ensure that water resources within new development are used sustainably through the imposition of a water efficiency standard of 110 litres or less per person per day. The proposal has not been accompanied by any information demonstrating that such levels of water consumption will be achieved within the development; therefore a planning condition is to be imposed to secure this standard. Other Matters A large area of Japanese Knotweed has been identified on site and an informative to advise of the requirement to effect the correct eradication of this species either by treatment or removal to a designated controlled waste site has been added. Comments received in relation to broadband provision are noted however it is not considered that an additional 5 dwellings would have a significant effect on existing service provision. Comments have also been received in relation to the impact of the development on the existing water supply serving a neighbouring property. The applicant has provided the following information in response to this, “The water is straight from the mains. The pressure is extremely strong and used to supply 3 other houses and 14 water troughs across Ram Alley. Even when in equestrian use there were no issues in relation to lack of water pressure or supply. We are going to consult with the neighbours and the water board to replace and modernise the water supply - this is long overdue. We are fully aware of our obligation to replace and install the new supply in accordance with the water board recommendations and regulations of new builds and replacements.” An informative in relation to water supply has been added. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

Proposed site plan – drawing no WP/17/01

Stables floor plans – drawing no WP/17/02

Stables elevation 1 – drawing no WP/17/03/A

Stables elevation 2 and cart shed – drawing no WP/17/04

Small barn floor plan and elevations 1 WP/17/05

Small barn elevations 2 – drawing no WP/17/06

Large barn floor plans – drawing no WP/17/07

Large barn elevations – drawing no WP/17/08 REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or

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recognised public and bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

4 No work relating to the construction of the development hereby approved, including

works of demolition or preparation prior to operations, or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public and bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

5 Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural report written by Mark Harrison (Harrison Arboriculture) dated 4 Sept, 2016. Any deviation from the works prescribed or methods agreed in the report will require prior written approval from the Local Planning Authority. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (March 2012) and policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.

6 No works pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority:- (a) a desk top study carried out by a competent person documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2011, and a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice; and, unless otherwise agreed in writing by the Local Planning Authority, (b) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring. If during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR11’.

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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 in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

7 The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 6(b) that any remediation scheme required and approved under the provisions of condition 6(b) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise; - as built drawings of the implemented scheme;

- photographs of the remediation works in progress;

- Certificates demonstrating that imported and/or material left in situ is free of

contamination. Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 6(b), unless otherwise agreed in writing by the Local Planning Authority. 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 in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

8 No development above ground level (excluding demolition) shall commence until a bat sensitive lighting scheme has been submitted to and approved by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the approved details. REASON: In order to avoid impacts on possible bat roosts associated with the pollarded poplar trees on the eastern boundary of the site and to avoid impacts on bats utilising the area for foraging purposes in line with derogation test 3 of the Conservation of Habitats and Species Regulations 2010 which states that actions “will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range”. The lighting scheme is also required to ensure that there will be no adverse impacts on key species in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

9 The development shall be undertaken and maintained in perpetuity in full accordance with the biodiversity mitigation measures and enhancements listed under Chapter 4 Discussion and Recommendations of the Preliminary Ecological Appraisal by The Ecology Co-op dated 19/10/2016. REASON: In order to address impacts on nesting birds and to achieve a net gain for biodiversity in the long term in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

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10 No development above ground level (excluding demolition) shall commence on site

until details of the types and colours of external materials to be used, including colour of mortar, together with samples, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority. REASON: Details and samples are required prior to development in order to provide high quality development and in light of the level of information submitted and in the interests of the visual amenities of the area and in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

11 No development above ground level (excluding demolition) shall commence on-site until full working details of the hereby approved conversion, at a scale of 1:20 overall with details of windows and doors at 1:5, have been submitted to and approved in writing by the Local Planning Authority. The submitted details must be referenced against the approved plans. The works shall then progress in strict accordance with the approved details, prior to the occupation of the development, and thereafter be maintained in perpetuity with the approved details unless agreed otherwise in writing by the Local Planning Authority before varied on-site. REASON: Details are required prior to development because insufficient details were submitted with the application and to ensure that the development will preserve the character and appearance of the area in accordance with Policy EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

12 The windows at first floor level on the southeast elevation of the stables building shall be installed as top hung and obscure glazed and shall be retained as such in perpetuity. REASON: To protect the privacy of the adjacent property and to prevent overlooking, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

13 No development above ground level (excluding demolition) shall take place until full details of both hard and soft landscape proposals have been submitted to and approved in writing by the Local Planning Authority. These details shall include, means of enclosure, soft landscaping details, car parking layouts, circulation areas and hard surfacing materials. The soft landscape details shall include planting plan, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, (including replacement trees where appropriate), noting species, planting sizes and proposed numbers/densities where appropriate, as well as any works to enhance wildlife habitats where appropriate. In addition, an implementation timetable shall be submitted to and approved in writing by the Local Planning Authority before development commences. All hard and soft landscape works shall be carried out in accordance with the approved details in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority. REASON: Details are required in order to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

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14 No development shall take place, including any works of demolition, until a Construction Method Statement that demonstrates safe and coordinated systems of work affecting or likely to affect the public highway and or all motorised and or non-motorised highway users, has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall include for: i. means of access (temporary or permanent) to the site from the adjoining maintainable public highway, including the associated traffic management arrangements; ii. the parking and turning of vehicles of site operatives and visitors off carriageway (all to be established within one week of the commencement of development); ii. loading and unloading of plant and materials away from the maintainable public highway; iv. storage of plant and materials used in constructing the development away from the maintainable public highway; v. wheel washing facilities or an explanation why they are not necessary; vi. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; vii. measures to control the emission of dust and dirt during construction; viii. a scheme for recycling and disposing of waste resulting from construction work; and ix. the management and coordination of deliveries of plant and materials and the disposing of waste resulting from construction activities so as to avoid undue interference with the operation of the public highway, particularly during the Monday to Friday AM peak (08.00 to 09.00) and PM peak (16.30 to 18.00) periods. x. the routes to be used by construction traffic to access and egress the site so as to avoid undue interference with the safety and operation of the public highway and adjacent roads, including construction traffic holding areas both on and off the site as necessary. REASON: Required prior to commencement because details are absent from the application and to ensure that the construction process is undertaken in a safe and convenient manner that limits impact on local roads and the amenities of nearby occupiers, the area generally and in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

15 No development shall commence on site until details of the proposed surface water and foul drainage and means of disposal have been submitted to and approved by the Local Planning Authority and no building shall be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. REASON: Details are required prior to development as inadequate information has been provided with the application and in order to ensure that the proposed development is satisfactorily drained in accordance Policies EM7 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

16 No development shall commence until a Construction Statement detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on

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technical or viability grounds. The development shall be carried out in accordance with the approved details and maintained thereafter. REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.

17 The developer, within one week of the commencement of development shall ensure that there is provision to be made for the parking and turning on site of operatives' and construction vehicles [together with storage on site of construction materials] which does not cause any obstruction of the Public Right of Way. The provision shall be retained and used for the intended purpose for the duration of the construction period and that area shall not be used for any other purposes other than the parking and turning of vehicles [and storage of construction materials respectively]. REASON: In the interests of highway safety and in accordance with Policies CM9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

18 No development shall commence until details of a scheme of signage to be installed to warn contractors and delivery drivers of the possible presence of walkers and horse riders on the public bridleway along part of which the site is accessed has been submitted to and approved in writing by the Local Planning Authority and the approved signage has been put in place in accordance with the approved details. The approved signage shall remain in place until the development is completed or the first dwelling occupied. REASON: In the interests of maintaining safety on the existing public bridleway and in accordance with Basingstoke and Deane Local Plan Policy CN9.

19 The dwellings hereby permitted shall not be occupied or the use commence, whichever is the sooner, until provision for refuse and recycling storage (prior to disposal) plus a collection point not more than 15 metres carrying distance from a highway which is a carriageway, has been provided within the curtilage of the site for 1 number 240ltr refuse Wheelie bin, 1 number 240ltr recycling Wheelie bin and 1 number glass recycling box per dwelling, and the areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling and shall be thereafter maintained, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Appendix 6 SPD.

20 Notwithstanding the approved drawings, no individual dwelling of the development hereby permitted shall be occupied or the use commence, whichever is the sooner, until details of the provision for turning (enter, turn and leave in a forward gear), manoeuvring, loading and unloading of vehicles and the parking of vehicles to that dwelling together with unobstructed pedestrian access (minimum width 0.9 metres) to the primary entrance of that dwelling, have been submitted to and approved in writing by the Local Planning Authority, such drawings to demonstrate by vehicle swept paths the ability of vehicles to access and egress the vehicle parking spaces, including enter, turn and leave the site in a forward gear, and details of the surface materials for the vehicle manoeuvring and parking areas. The approved motor vehicle parking and pedestrian access layout shall be constructed and fully implemented before occupation or the approved use commences, whichever is the sooner, and the areas of land so provided shall be thereafter retained and maintained

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in accordance with the approved details and shall not be used for any purposes other than the turning, manoeuvring, loading and unloading and parking of vehicles, and access for pedestrians, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of highway safety and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

21 The dwellings hereby permitted shall not be occupied or the use commence,

whichever is the sooner, until provision for secure cycle parking facilities for 2 long and 1 short stay places have been provided within the curtilage of the dwellings and the areas of land so provided shall be thereafter maintained and shall not be used for any purposes other than the parking of bicycles, unless otherwise agreed in writing by the Local Planning Authority. REASON: To improve provision for cyclists and discourage the use of the private car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

22 No development including site clearance, demolition, ground preparation, temporary access construction/widening, material storage or construction works shall commence on site until a plan showing the location of all proposed utility services has been submitted to and approved in writing by the Local Planning Authority. This shall include gas, electricity, communications, water and drainage. No development or other operations shall take place other than in complete accordance with the Utility Plan, unless otherwise agreed in writing by the Local Planning Authority. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (March 2012) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

23 A minimum of 15% of the dwellings hereby approved shall be built to accessible and

adaptable standards to enable people to stay in their homes as their needs change. No development above ground level (excluding demolition) shall commence on site until details of which properties are to be built to such standards are submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON: To ensure an appropriate co-ordinated high quality form of development and to accord with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Housing Mix and Lifetime Mobility Standards Supplementary Planning Document. Details are required in the absence of accompanying the planning submission.

24 No development above ground level (excluding demolition) shall take place until a schedule of landscape maintenance for a minimum period of five years for landscape areas outside of demarcated private gardens has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the approved schedule unless otherwise agreed in writing by the Local Planning Authority.

REASON: Details are required in the absence of being included within the application submission and to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

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Informative(s):- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any),

must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

- seeking further information following receipt of the application; - considering the imposition of conditions

In this instance:

- the applicant was updated of any issues after the initial site visit.

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

3. The applicant is advised that the Japanese Knotweed which has been identified within

the site as part of the ecology report supporting this application needs to be controlled and eradicated from the site as required under Schedule 9 Section 14 of the Wildlife and Countryside Act 1981.

4. If this development will result in new postal addresses or changes in addresses, please

contact the council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can be found on the council's website.

5. The applicant is advised that there is evidence of asbestos on the buildings to be

demolished and within the site. Prior to any demolition works, the site should therefore be subject to a full survey by a qualified asbestos advisor and where asbestos containing materials (ACM) are identified, these should be removed and disposed of by

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a licensed asbestos contractor in accordance with the Control of Asbestos Regulations 2012.

6. The applicant is advised that the construction of the development should not have any

adverse impact upon the Public Right of Way from which the site is accessed and which must remain available for public use at all times. No builders or contractors vehicles, machinery, equipment, materials, scaffolding or anything associated with the works should be left on or near the bridleway so as to obstruct, hinder or provide a hazard to riders or other users. Any damage to the surface of the Public Right of Way by construction traffic will be required to be restored on the completion of the build. If there is likely to be an effect on the bridleway in terms of dust, noise or other obstruction during the period of the works, or if there is deemed to be a risk to users of the footpath, the applicant should contact Hampshire County Council to discuss the temporary closure of the footpath for the duration of the works. Temporary Closure Orders should be applied for at least 6 weeks prior to the commencement of works and details of how to apply can be found at http://www3.hants.gov.uk/row/makingchanges/temp-closures.htm.

7. The applicant is advised that in relation to condition 23, accessibility and adaptability standards are achieved by meeting requirement M4(2) or M4(3) of the Building Regulations 2015 or any subsequent government standard.

8. Any lighting scheme designed to fulfil the requirements of condition 9 shall be in

accordance with lighting guidelines produced by the Bat Conservation Trust and shall not include any bare bulb lights nor lights pointing in an upward direction.

9. A formal connection to the water supply is required in order to service this development.

Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk

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Location plan

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Site Plan

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‘Large Barn’

Elevations

South

North

West East

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Floor Plans

Ground Floor

First Floor

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‘Small Barn’

Elevations

North

South

East

West

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Ground Floor Plan

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The Stables

Elevations

West

East

North South

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Floor Plans

Ground floor

First floor

Cart Shed

East West

North and South Floor Plan

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Cttee: 7 February 2018 Item No. 9

Application no: 17/03550/FUL For Details and Plans Click Here

Site Address Old Church House Ecchinswell Road Ecchinswell Newbury

Proposal Erection of 1 no. 3 bed dwelling and new access

Registered: 31 October 2017 Expiry Date: 9 February 2018

Type of Application: Full Planning Application

Case Officer: Stephanie Baker 01256 845578

Applicant: Mr & Mrs North Agent: Mrs Sally Tagg

Ward: Burghclere, Highclere And St Mary Bourne

Ward Member(s): Cllr John Izett Cllr Graham Falconer

Parish: ECCHINSWELL AND SYDMONTON CP

OS Grid Reference: 450217 160676

Recommendation: the application be APPROVED subject to the conditions listed at the end of this report following successful completion of a Deed of Variation to the Legal Agreement completed under BDB/51105. Should the Deed of Variation not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons. On completion of the legal agreement the Planning and Development Manager be delegated to grant planning permission subject to the conditions listed at the end of this report.

Reasons for Approval 1. The proposal would comprise the redevelopment of previously developed land and as

such would result in a sustainable form of development in accordance with Policy SS6(a) of the Basingstoke and Deane Local Plan 2011-2029 to achieve the aims of sustainable development in accordance with the National Planning Policy Framework 2012.

2. The proposal would integrate successfully into the street scene and would not harm the intrinsic character or overall appearance of the landscape. The proposal would be of an appropriate design, height and character in relation to its context. As such the proposal would comply with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 7 of the National Planning Policy Framework 2012.

3. The proposed development would not harm the character, appearance or setting of the Ecchinswell Conservation Area and as such complies with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Section 12 of the National Planning Policy Framework 2012.

4. The proposal would conserve the biodiversity value and tree conservation interests of the site and as such the proposal would comply with Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework 2012.

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5. The development would not cause an adverse impact on highway safety and adequate parking would be provided to serve the proposed development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6. The proposed development would not result in any undue loss of privacy or cause undue loss of light, overbearing or noise and disturbance impacts to occupiers of neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

General comments This application has been brought to the Development Control Committee in accordance with the Council's Scheme of Delegation, due to the number of objections received and Officer's recommendation for approval. Planning Policy The site lies outside of any Settlement Policy Boundary, within the Ecchinswell Conservation Area. The host dwelling, Old Church House, is a notable building within the Conservation Area. National Planning Policy Framework (NPPF) (March 2012) Core Principles - Achieving Sustainable Development Section 6 (Delivering a wide choice of high quality homes) Section 7 (Requiring good design) Section 11 (Conserving and enhancing the natural environment) Section 12 (Conserving and enhancing the historic environment) Annex A: Decision Taking. Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Presumption on Favour of Sustainable Development) Policy SS6 (New Housing in the Countryside) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Ecchinswell Conservation Area Appraisal 2004 Appendix 4 of the Design and Sustainability Supplementary Planning Document 'Conservation Areas' 2008 Appendix 14 of the Design and Sustainability Supplementary Planning Document 'Countryside Design Summary' 2008 Residential Parking Standards Supplementary Planning Document 2008

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Other material documents The Community Infrastructure Levy (Amendment) Regulations 2015 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 The Conservation of Habitats and Species Regulations 2017 Natural Environment and Rural Communities Act 2006 Description of Site The site is associated with Old Church House and comprises areas of curtilage to the south-west and residential land to the south. Palmers Yard residential cul-de-sac lies to the south of the site and to the east is a graveyard. The site itself straddles the Conservation Area boundary, with the eastern part of the site (access, parking and turning area) lying within the Conservation Area and the proposed dwelling and garden lying outside of the Conservation Area. Proposal The proposed development is for the erection of a single detached 3 bedroomed dwelling measuring 12.1 metres in width, 9.4 metres in depth and 7.5 metres in height. The proposed materials for the development are brickwork and tile-hung elevations, tiled roof and timber openings. Access to the proposed dwelling would be taken from the south-east, an existing turning head located within Palmers Yard cul-de-sac. Amendments An amended plan was received on the 11 December 2017, altering the design of openings on the principal elevation. Consultations Ecchinswell Sydmonton and Bishops Green Parish Council: Objection - ‘2 objections: 1) Land dispute with regard to the proposed access point. 2) The proposed development is new housing outside the settlement boundary.’ Environmental Health Officer: No objection subject to conditions. Conservation Officer: No objection subject to condition. Tree Officer: No objection subject to conditions. Biodiversity Officer: No objection subject to conditions. Transport Support Officer: No public transport options, cycling options available. Local Highway Authority: Standing advice applicable. Public Observations Ten letters of objection received, summarised as follows;

Garden land in countryside is not Previously Developed Land.

Should be considered under Policy SS6.

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Wouldn't respect the historic pattern of development.

Impacts upon character and appearance of Conservation Area.

Out of keeping design.

Site has no existing access.

Loss of turning head for parking would displace visitor and residents parking elsewhere.

Loss of the grass verge could cause tree impacts.

Potential for a land ownership dispute.

Turning head essential for HGV and emergency vehicle turning.

S106 agreement from original applications would need to be varied.

Tankers delivering LPG would be impacted.

Implications of the Disused Burial Act 1981 and extent of graveyard or unrecorded burials should be investigated.

Adverse social consequences for future occupant, negative reception by Palmers Yard residents.

Relevant Planning History BDB/20001

Erection of double garage Granted 18.04.1986

BDB/12590

Provision of new windows Granted 13.01.1982

BDB/10343 Change of use from furniture depository to private residence with garden on approx 0.14 ha/0.35 acre

Granted 24.09.1980

Assessment Principle of development Policy SS1 sets out a spatial strategy for the Local Authority to meet its full housing need over the Plan period. The strategy is principally based upon the development of allocated Greenfield sites and the redevelopment of land in the towns and villages. Development in the countryside is generally restricted. The site is located outside of any Settlement Policy Boundary (SPB). It is therefore within the part of the borough which is designated as countryside as per Policy SS1 (Scale and distribution of new housing). The site is situated outside of any defined Settlement Policy Boundary as confirmed under Policy SD1 of the Local Plan. As the proposed residential development falls within the countryside, Local Plan Policy SS6 applies. - Previously Developed Land As defined by national policy and within the Local Plan (page 169), Previously Developed Land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. A number of representations make reference to an interpretation that garden land in the countryside is not Previously Developed Land (PDL). Page 55 of the NPPF defines PDL as follows;

'Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or has been occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures;

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land in built-up [officer emphasis] areas such as private residential gardens, parks, recreation grounds and allotments; and land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time.'

Interpretation of this definition has been resolved in planning appeals and in recent High Court decisions such as:

Dartford BC vs Secretary of State for Communities and Local Government in 2016 High Court Case No. CO/4129/2015

Dartford BC vs Secretary of State for Communities and Local Government in 2017 High Court Case No. C1/2016/1664

Suffolk Coastal District Council vs Secretary of State for Communities and Local Government and Richborough Estates Partnership LLP vs Secretary of State for Communities and Local Government in 2016 High Court Case No's C1/2015/0583 and C1/2015/0894).

These High Court decisions particularly explored the development of land which formed ‘private residential gardens’ determining that gardens within countryside locations are not themselves in 'built up areas' therefore could be defined as PDL. Therefore the NPPF clarifies that residential gardens in ‘built up areas’ are excluded from the definition of PDL whereas residential gardens outside of these areas are not excluded and can be defined as PDL. As the site is Previously Developed Land as confirmed by the site history, the relevant Local Plan Policy for consideration is SS6a. Policy SS6a states;

‘Development proposals for new housing outside of Settlement Policy Boundaries will only be permitted where they are:

a) On 'previously developed land', provided that: i) They do not result in an isolated form of development; and ii) The site is not of high environmental value; and iii) The proposed use and scale of development is appropriate to the site's context’.

- Isolated development The term 'isolated' has two distinct dimensions: firstly whether the site is physically remote; and secondly whether it has easy access to services and facilities. The Council's Local Plan Glossary defines isolated development in the context of new residential accommodation in the countryside as;

'…where there is a significant separation between the proposed dwelling and the nearest settlement. Additionally, a dwelling is considered to be isolated if it is not well served by public transport (e.g. within 500m of a bus stop or train station) or well served by services and facilities (e.g. within 1km of an SPB, which generally contains facilities such as school, post offices, doctors surgery, etc.)’

Paragraph 55 of the NPPF also refers to the term ‘isolated’ and in the absence of a definition for the term, regard is also given to the High Court Judgement of Braintree District Council v Secretary of Statement for Communities and Local Government, Greyread Limited and Granville Developments Limited dated 15 November 2017. This Judgement explored the definition of ‘isolated’ in relation to para 55 of the NPPF affording weight to the spatial/physical context of a development and its opportunity to contribute towards a thriving rural community as a means to maintain and enhance rural services. This judgement acknowledged that new dwellings in the countryside are likely to retain reliance upon private

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vehicles and that new development which is not truly isolated could be deemed acceptable. This justification is given whereby a new dwelling would support local services and facilities within the rural settlement to which the site is located as well as assisting to support the viability of services and facilities within neighbouring settlements. In terms of whether the site is 'physically remote,' the site lies adjacent to other residential dwellings therefore the site cannot be considered to be physically remote in its character with a visual and social connection to existing built form. In terms of public transport, there are no regular bus or rail services in the immediate area. The Transport Support Officer has confirmed that despite this, on-road cycling to more distant locations such as a railway/bus station, employment sites or retail outlets would also be feasible. There is also a car share, Ashmansworth Car Share 23, which is outlined on the current Hampshire County Council website which describes that the public transport service operates for anyone who needs to travel from Crux Easton, Ashmansworth, Burghclere, Sydmonton or Ecchinswell into Newbury. It explains that the service is similar to a bus service, except that passengers will need to book in advance and the journey will be operated by a taxi instead of a bus. For Ashmansworth it sets out that passengers would be collected from the Junction of Barn Close Lane/Cross Lane (Ashmansworth). The service operates on Mondays and Fridays between approximately 10am and 2pm. In addition there is the HCC ‘Home to School Transport Entitlement Policy’ which provides travel to education facilities for pupils under 16 years of age from rural locations, including Ecchinswell. Whilst there are no SPBs within 1km of the site, it is 740m to St Lawrence’s Church, 930m from Ecchinswell Village Hall, 1km to Ecchinswell and Sydmonton Primary School and 1.2km to the public house; The Royal Oak. Therefore the distance to facilities, which could be accessed by cycle. This site is also considered to be materially different from recently dismissed appeals in relation to Policy SS6 as Ecchinswell is considered to be a settlement, rather than the site being located in a wholly remote countryside location. In having regard to the location and the High Court Judgement, it is considered that, on balance, the principle of development accords with criteria a(i) to Policy SS6 of the Local Plan. The site is not of high environmental value that would otherwise prevent development coming forward and therefore complies with sub criterion (ii) of Policy SS6. Sub criterion (iii) of Policy SS6a refers to the use and scale of the development having regard to the site’s context. This is assessed below in conjunction with other relevant policies of the Local Plan. Impact on the character of the area/ design The proposal would introduce an additional dwelling within the context of the existing built form, between the host dwelling Old Church House to the east and Palmers Yard cul-de-sac to the south. The additional built form in the context of surrounding residential development would not be harmful to the semi-rural character of the area. The streetscene of Ecchinswell Road would not be impacted by the proposed dwelling due to the intervening graveyard, boundary treatments and surrounding development. The proposal would not have any adverse visual amenity impacts. The proposed footprint and design would result in an in-keeping property and the amended proportions of glazing on the principal elevation, as sought within the amended plans, have addressed previous Officer concerns relating to the size and rhythm of openings compared to more traditional examples in the locality. The proposed materials for the dwelling are acceptable and a condition has been included to require a detailed materials schedule with product links or samples provided to illustrate the quality and finish of the materials.

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The surrounding spacing and visual gaps either side of the property and around the site generally would respect the rural character of the area. The proposed dwellinghouse would sit well within the proposed residential plot, with a general perception of space around the property. The existing residential garden nature of the site would be lost by the introduction of a detached dwelling however given its relationship to the host dwelling and cul-de-sac, it is not considered that the proposal would result in any significant urbanising effect. The proposal would not result in the loss of the rural character of the area and would not adversely impact the visual amenities of this part of the streetscene. The proposal is acceptable in design and amenity respects in line with Policies EM1 and EM10 of the Local Plan. Impact to heritage assets Local Planning Authorities have a statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to preserving or enhancing the character or appearance of a Conservation Area when considering planning applications. The National Planning Policy Framework (NPPF) states that there should be a presumption in favour of sustainable development (paragraph 14) and that when considering the impact of a proposed development on the significance of the heritage asset, great weight should be given to the conservation of the asset (paragraph 132) in the public interest. In this instance, the heritage assets for which impact upon significance requires consideration are the Ecchinswell Conservation Area (for which the application site lies partly within and partly outside of) as well as the non-designated heritage asset which is the host dwelling, as a notable building. Whilst the proposal would result in physical change, the resultant development would generate less than substantial harm to the significance, character and appearance of the Conservation Area and setting of the notable building. Consistent with the Act 1990, Policy EM11 establishes that proposals must conserve or enhance the quality of the borough's heritage assets, which includes Conservation Areas. EM11 states that proposals will be permitted where they demonstrate an understanding of the character and setting of Conservation Areas and respect historic interest and local character and ensure the use of appropriate materials, design and detailing. In this instance, the proposal is considered to preserve the character and appearance of the Ecchinswell Conservation Area (CA) and the setting of the notable host building as designated heritage assets. The quality of the development can also be ensured by way of condition (for materials schedule and samples to be submitted). The proposal is therefore deemed to result in less than substantial harm to the setting of heritage assets and would preserve the appearance of the setting of the listed buildings and the Conservation Area as required by the NPPF, the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policy EM11 of the Local Plan. Impact on neighbouring amenities The proposed dwelling would result in an increased presence to neighbouring properties compared to the existing situation. The proposal is considered to be acceptable and would not result in any demonstrable overbearing impacts to adjacent occupiers. The proposed dwelling would be sited at a distance of approximately 26 metres from no.11 Palmers Yard to the south, approximately 35 metres from no.1 Palmers Yard to the east and approximately 11 metres from the host dwelling to the north. The proposed dwelling would not generate any adverse loss of light or overlooking for occupants of neighbouring properties. Whilst the proposal would result in some overshadowing for the private garden of Old Church House

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itself, this is not considered to be significant and sufficient alternative areas of the garden would remain which would not be overshadowed. The location of openings within the proposed dwelling would not give rise to any direct overlooking and achievable views of neighbouring curtilages or buildings would be obscured due to the oblique nature in addition to intervening boundary treatments. As such, it is considered that the development would not unduly harm the private amenities of the neighbouring properties to the north or south of the site to any extent which would warrant refusal of the current application. Due to the proximity of neighbouring properties and the scale of the required works, conditions have been included to restrict the hours of deliveries and works in relation to the development in order to prevent undue noise disturbance. The proposal is acceptable in terms of neighbouring amenity in line with Policies EM10 and EM12 of the Local Plan and Appendix 16 of the SPD. Amenities to the proposed dwelling Appendix 16 'Residential Amenity Design Guidance' of the Design and Sustainability SPD requires dwellings to have sufficient daylight to allow the comfortable use of habitable rooms (living rooms, dining rooms, bedrooms), kitchens and patio areas in gardens immediately adjoining the building, with an outlook of good quality from these rooms and spaces. The proposed dwelling provides sufficient openings within the habitable rooms such that access to daylight and good quality outlook will be achieved.

Within Appendix 16, it also states that a proposed dwelling with 3 bedrooms should provide a minimum garden size of 60 square metres. This proposal provides for a private garden in excess of 300 square metres which complies with the requirements of Appendix 16. Highway safety and parking The site would take its access from the existing turning head serving Palmers Yard. As the access would not be directly via a classified road, the Local Highway Authority have confirmed that the Standing Advice is applicable. Access from the turning head would not prevent the turning head from fulfilling its intended function for the turning of larger vehicles, such as emergency vehicles and HGVs. Representations regarding the loss of ‘parking’ are not material as the turning head is not an overflow or visitor parking area. The site is located within a rural location for the purposes of the Residential Parking Standards SPD, wherein a dwelling with 3 no. bedrooms is expected to provide 3 vehicular parking spaces. The proposed parking and turning area demonstrates sufficient area for a minimum of 3 vehicles to be accommodated. Vehicle tracking information has also been provided, which shows adequate space for the necessary on-site manoeuvring and parking. In addition, a 3 bedroom property is expected to provide 2 long stay and 1 short stay cycle spaces and areas for the storage of 1 no.140 litre refuse bin, 1 no. 240 litre recycling bin and a glass recycling box. The proposed retained outbuilding on the site can accommodate the secure storage of cycles and waste containers. The proposal is acceptable in line with Policies CN9 and EM10 of the Local Plan in respect of highway safety and parking.

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Biodiversity The Council has a duty under the Natural Environment and Rural Communities Act 2006 to have full regard to the purpose of conserving biodiversity which extends to being mindful of the legislation that considers protected species and their habitats and to the impact of the development upon sites designated for their ecological interest. These requirements are also reflected within the NPPF (para 118) and Policy EM4 of the Local Plan. The site itself is not located upon any site that is designated for its ecological importance however is within a countryside location and has been identified as supporting Great Crested Newts. As such, the application has been accompanied by appropriate ecological assessment noting that the development would require a European Protected Species Licence (EPSL). The EPSL would need to be secured prior to the commencement of development, and whilst administered by Natural England as the statutory agency, the licensing process is mindful of any planning permission granted. In this regard, the Conservation of Habitats and Species Regulations 2010 requires the Local Planning Authority to satisfy itself that the development authorised by a planning permission would not be “detrimental to the maintenance of a population of the species concerned at a favourable conservation status in their natural range” and whether an EPSL is likely to be granted from Natural England. An EPSL can only be granted if the development proposal is able to meet three tests, which together are known as the ‘Derogation Tests’. In summary, these tests require that development has an overriding public interest, that there is no satisfactory alternative and that there would be no detriment to the maintenance of the affected species which would be retained at a favourable conservation status in their natural range. In having regard to these tests, the proposed residential development would provide for new housing upon previously developed land in a location which is deemed to be sustainable therefore is considered to be in the public interest. With the development supported by the NPPF and the Local Plan to seek efficient reuse of such land, there is not considered to be any satisfactory, deliverable alternatives to the development. The proposal is considered to meet the first two derogation tests. In order to assess the development against the third test, sufficient detail must be available to show how the impact upon protected species will be mitigated and also how harm to the habitat will be compensated. As such, details of mitigation as well enhancement have been provided to the satisfaction of the Biodiversity Officer and can be secured through a planning condition. It is therefore considered that the proposal meets the final derogation test. With no objection to the application from the Biodiversity Officer and subject to the imposition of conditions, the proposal would accord with Policy EM4 of the Local Plan. Trees The site lies partly within and partly outside of the Ecchinswell Conservation Area. Trees which are over 7.5cm in diameter when measured at 1.5m from ground level are protected by virtue of being within the Conservation Area. The Tree Survey Plan within the Arboricultural Impact Assessment outlines a variety of trees along the south-western boundary including Leyland Cypress, Ash, Holly, Hazel and Oak. To the eastern boundary are smaller fruit trees and shrubs. The Oak tree to the south-east is a protected tree with a tree preservation order; TPO/BDB477. The Tree Officer has confirmed that they would raise no objection to the proposal subject to the inclusion of pre-commencement conditions in the following respects;

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full specification and method statement for the construction of the driveway

submission of a plan showing the location of all existing and proposed utility services (gas, electricity, communications, water and drainage)

These are considered to be reasonable and necessary to ensure the development is acceptable in terms of impacts to trees in the interests of local amenity and therefore have been included in line with Policy EM1 of the Local Plan. Pollution The Environmental Health Officer has confirmed that they raise no objection to the proposal subject to the inclusion of conditions in respect of land contamination and hours of works and deliveries. The conditions relating to land contamination have been requested as a haulage and transport deposit used to be located to the south of the site (now Palmers Yard) and remedial contamination measures are unlikely to have extended onto the application site. As such, the suggested conditions in respect of site investigation, remedial works and verification have been included to ensure the proposal does not pose unacceptable risks to proposed occupiers, workers, neighbours and other offsite receptors in line with Policy EM12 of the Local Plan. Section 106 agreement - need and compliance with statutory tests The red line of the application site has a marginal overlap with the red line of the original location plan for the construction of the Palmers Yard development to the south of the site (BDB/44566) which was tied to a s106 legal agreement. The original s106 agreement was later varied within the application BDB/51105. Any further variations to land within the approved red line of Palmers Yard (which this current proposal’s red line would marginally include) require a Deed of Variation to the original agreement. As such the recommendation is that approval be granted subject to the satisfactory completion of a Deed of Variation agreement. The Local Plan and the accompanying S106 Planning Obligations and Community Infrastructure Interim Planning Guidance seeks to ensure that development does not result in an adverse effect on existing infrastructure, and makes appropriate provision to mitigate documented impacts. It is therefore common to anticipate that development would by way of Obligation (legal agreement) make appropriate provision/ improvements in line with the advice provided within the NPPF. The application was scoped for infrastructure projects to identify whether any projects or off-site financial contributions were required to be funded by the development however no such fully-funded identified projects were found through the scoping process. In any event, the Council is mindful of the Planning Practice Guidance (PPG) which was updated in May 2016 to confirm that contributions for affordable housing and other ‘tariff style’ financial contributions should not be sought from small-scale residential developments of 10 units or less (5 units within designated (e.g. AONB) rural areas) and which have a maximum combined gross (internal) floor space of no more than 1,000m2. In this instance, the development falls under the PPG’s thresholds and is not liable for contributions. Other matters Policy EM9 sets out that development for new homes will need to meet a water efficiency standard of 110 litres or less per person per day, unless clear demonstration is given that this would not be feasible. It is considered appropriate that this requirement be dealt with by way of condition and as such has been included.

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In respect of concerns relating to the application site having been used previously for unauthorised or unrecorded burials, the applicant has provided additional information to illustrate the land was purchased from the United Reform Church, and that disposal of ecclesiastical land by freehold is typically restricted to land free of any burials, otherwise a leasehold from the Church would be required. The applicant has also confirmed that from their time owning the land, nothing has come to light to suggest any unrecorded burials on the site. The site is not considered to be a disused burial ground (for which the Disused Burial Act 1981 would be applicable) and whilst the likelihood may be low for the discovery of any human remains on the site, the applicant would need to satisfy themselves of any legal requirement in terms of notification of discovery and removal if applicable, this has been advised to the applicant via an informative. The land is not considered to comprise consecrated ground and would fall outside of the jurisdiction of the Church of England. Regarding the representations made in relation to the potential for a land dispute, land ownership is not a material planning consideration as the applicant has confirmed that the only parcel of land which is not within their ownership has had the relevant Certificate B notice served on the owner (Hampshire County Council). Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- Location Plan - Drawing No. FTP.001.D - Proposed Site Plan - Drawing No. FTP.003.G - Proposed Landscaping Plan - Drawing No. FTP.004.G - Proposed Ground Floor Plan - Drawing No. 17-070/1A - Proposed First Floor Plan - Drawing No. 17-070/2A - Proposed Front and Side Elevation Plan - Drawing No. 17-070/3A - Proposed Rear and Side Elevation Plan - Drawing No. 17-070/4A - Access Statement PTP/21324/01 dated October 2017.

REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and to prevent an accumulation of unimplemented planning permissions.

3 No development above ground level shall commence on site until a detailed schedule

of the types and colours of external materials to be used for the dwelling, together with product links or samples as appropriate, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required prior to development commencing as insufficient details have been submitted with the application, which are needed in the interests of visual amenity of the area, adjacent to the Conservation Area and high quality design in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Sections 7 and 12 of the National Planning Policy Framework 2012.

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4 No works pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority:- (a) a desk top study carried out by a competent person documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2011; and, unless otherwise agreed in writing by the Local Planning Authority, (b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice; and, unless otherwise agreed in writing by the Local Planning Authority, (c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring. If during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR11'. REASON: Details are required prior to commencement as insufficient information was provided with the application and 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 in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

5 The development hereby permitted shall not be occupied/brought into use until there

has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 4 that any remediation scheme required and approved under the provisions of condition 4 has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise;

- as built drawings of the implemented scheme; - photographs of the remediation works in progress; - Certificates demonstrating that imported and/or material left in situ is free of

contamination. Thereafter the scheme shall be monitored and maintained in accordance with the

scheme approved under condition 4, unless otherwise agreed in writing by the Local Planning Authority. 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 in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

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6 No development including site clearance, demolition, ground preparation, temporary

access construction/widening, material storage or construction works shall commence on site until a full specification and method statement for the construction of the driveway in proximity to trees have been submitted to and approved in writing by the Local Planning Authority. The specification shall include cross sections to show existing and proposed ground levels along the length of the drive and periodically across its width. The specification and construction methodology shall be designed in accordance with the recommendations made in the Arboricultural Impact Assessment (Project No.1023) dated 18/10/2017 and shall include a statement prepared by a relevant engineer approving the design and construction methodology. No development or other operations shall take place other than in complete accordance with the approved driveway specification and method statement, unless otherwise agreed in writing by the Local Planning Authority. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and the National Planning Policy Framework 2012.

7 No development including site clearance, demolition, ground preparation, temporary

access construction/widening, material storage or construction works shall commence on site until a plan showing the location of all existing and proposed utility services has been submitted to and approved in writing by the Local Planning Authority. This shall include gas, electricity, communications, water and drainage. The development shall be carried out and maintained in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. No development or other operations shall take place other than in complete accordance with the Utility Plan, unless otherwise agreed in writing by the Local Planning Authority. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029 and the National Planning Policy Framework 2012.

8 No development shall commence until a Great Crested Newt Mitigation Strategy as

recommended and described within Chapter 6: Impacts and Mitigation Recommendations of the Protected Species Report by NatureBureau dated 28/7/2017 is provided to and approved in writing by the Local Planning Authority. The development shall be carried out and maintained in accordance with the approved details. REASON: In order to avoid adverse impacts on the Great Crested Newt population both on-site and in the surrounding area, to meet with derogation test 3 of the Conservation of Habitats and Species Regulations 2010 and in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

9 All bat mitigation measures shall be undertaken and maintained in line with the

recommendations outlined within 'Chapter 6: Impacts and Mitigation Recommendations' of the Protected Species Report by NatureBureau dated 28/7/2017. REASON: In order to avoid adverse impacts on the present pipistrelle roost, in order to meet with derogation test 3 of the Conservation of Habitats and Species Regulations 2010 and in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

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10 The development hereby permitted shall not be occupied/brought into use until a technical report and a certification of compliance demonstrating that the development has achieved the water efficiency standard of 110 litres of water per person per day (or less) has been submitted (by an independent and suitably accredited body) to and approved by the Local Planning Authority. The development shall be carried out and maintained in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required prior to occupation because insufficient information was provided within the application and to improve the overall sustainability of the development, in accordance with Policy EM9 of the adopted Basingstoke and Deane Local Plan 2011-2029.

11 No work relating to the construction of the development hereby approved, including

works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

12 No deliveries of construction materials or plant and machinery and no removal of any

spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

13 The development hereby permitted shall provide for the parking of 3 vehicles within the curtilage of the property and the areas of land so provided shall not be used for any purpose other than the loading and unloading and parking of vehicles and cycles, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Residential Parking Standards Supplementary Planning Document (updated 2012).

Informatives:- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if

any), must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met. 1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by

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a planning condition. The fee chargeable is £97 per request or £28 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

offering a pre-application advice

seeking further information following receipt of the application

seeking amendments to the proposed development following receipt of the application

considering the imposition of conditions In this instance:

the applicant was updated of any issues after the initial site visit

was provided with pre-application advice In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

3. The applicant should be aware that there may be legal requirements to adhere to in

respect of the discovery of any unrecorded burials on the land and should satisfy themselves in this respect.

4. If this development will result in new postal addresses or changes in addresses, please

contact the Council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can also be found on the Council's website.

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Location plan

Proposed Site Plan

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Proposed Elevations

West

East

North South

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Floor Plans

Ground Floor

First Floor

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Cttee: 7th February Item No. 10

Application no: 17/03555/FUL For Details and Plans Click Here

Site Address Fernecotes Westridge Highclere RG20 9RY

Proposal Erection of replacement dwelling and associated works. Alterations to access and residential curtilage - Part Retrospective (amended scheme to that approved under 16/03845/FUL for alterations to the approved dwelling)

Registered: 23 October 2017 Expiry Date: 9 February 2018

Type of Application: Full Planning Application

Case Officer: Laura Peplow 01256 845320

Applicant: Mr & Mrs Neil and Sam Fox

Agent: Mr Peter Tompkins

Ward: Burghclere, Highclere And St Mary Bourne

Ward Member(s): Cllr John Izett Cllr Graham Falconer

Parish: HIGHCLERE CP OS Grid Reference: 443348 160433

Recommendation: the application be APPROVED subject to the conditions listed at the end of the report.

Reasons for Approval 1. The replacement dwelling would integrate successfully into the street scene and

would not harm the overall character and intrinsic appearance of the North Wessex Downs Area of Outstanding Natural Beauty. The proposal would provide a modern dwelling of an appropriate design, height and character in relation to its context. As such the proposal would comply with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework 2012.

2. The replacement dwelling would not cause any harmful overbearing, overlooking or

loss of privacy towards any neighbouring occupier. As such the proposal would comply with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework 2012.

3. The replacement dwelling would conserve the biodiversity value and nature

conservation interests of the site and as such the proposal would comply with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework 2012.

4. The proposed development would provide safe access and adequate parking

provision in accordance with highway requirements, and as such would accord with the National Planning Policy Framework (March 2012); Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Residential Parking Standards Supplementary Planning Document.

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General Comments This revised application is brought to the Development Control Committee in accordance with the Council’s scheme of delegation due to the number of objections received and the Officer’s recommendation for approval. Planning Policy The application site is located outside any Settlement Policy Boundary and therefore within a countryside location. The site is also located within the North Wessex Downs Area of Outstanding Natural Beauty (AONB). National Planning Policy Framework (NPPF) (March 2012) Core Principles - Achieving Sustainable Development Section 4 (Promoting sustainable transport) Section 6 (Delivering a wide choice of high quality homes) Section 7 (Requiring good design) Section 8 (Promoting healthy communities) Section 11 (Conserving and enhancing the natural environment) Annex A: Decision Taking. National Planning Practice Guidance Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Sustainable Development) Policy SS1 (Scale and Distribution of New Housing) Policy SS6 (New Housing in the Countryside) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM10 (Delivering High Quality Development) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Highclere & Penwood Village Design Statement 2002 Design and Sustainability SPD

- Appendix 5 (Construction Statements) - Appendix 6 (Waste and Recycling) - Appendix 7 (Places to Live) - Appendix 13 (Extending your home and Replacement Dwellings) - Appendix 14 (Countryside Design Summary) - Appendix 16 (Residential Amenity Design Guidance)

S106 Planning Obligations and Community Infrastructure Interim Planning Guidance Note Residential Parking Standards Supplementary Planning Document Landscape Character Assessment Supplementary Planning Guidance Other material documents/legislation Wildlife and Countryside Act 1981 (as amended) Conservation (Natural Habitats & c.) Species Regulations 2010 (as amended) Natural Environment and Rural Communities (NERC) Act.

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Description of Site The application site is situated within the rural countryside, within the AONB and to the west of the village of Highclere. Works have commenced on the construction of the eastern wing of the replacement dwelling (granted consent under 16/03845/FUL) and the existing dwelling is yet to be demolished. Part of the trees/hedging to the north western boundary have been removed and the property continues to benefit from two accesses – one which appears to serve the building site and the other the existing dwelling. Proposal The proposal is an amendment to the previously approved scheme for a replacement dwelling and is to enable a number of material design alterations which would alter the appearance of the replacement dwelling:

Change to the proposed roofing material from clay tiles to natural blue/grey slate;

Change to the proposed brick plinth to cast masonry;

Alterations to the window positions to the north east side elevation of the two storey element (eastern wing);

Alterations to the west wing – the original submission contained a car port which has been removed and the roof height of this element has been increased by 1.4 metres in part to form a single continuous ridge;

Reduction in the glazing to the centrally located boot room which connects the eastern and western wings;

Minor alterations to the fenestration; and

Relocation of the proposed chimney. It should be noted that there has been no change in the overall height of the dwelling permitted under 16/03845/FUL. The proposed dwelling measures approximately 9.8 metres maximum height (measurement taken from floor level on the south western side elevation). Over the course of the application the proposed plans were amended to include provision of the bat roost which had formed part of the original consent. Consultations Highclere Parish Council: Objection “Highclere Parish Council wishes to make further comment on the above application in view of subsequent material considerations which have been drawn to Councillors' attention. The Council's original understanding was that the amendments to application 16/03485/FUL were of a minor nature and in response to concerns of neighbours. The Design and Access Statement indicated that the changes to the approved scheme "enjoyed the support of neighbours". Members of the parish council's planning working group have now visited the site and would like to make the following observations:

­ the amendments proposed are not minor and represent a significant change to the original size and design of the approved scheme

­ the use of slates on the roof, as opposed to tiles as originally proposed, represents a significant change to the style of the building. This is a large-scale development with a considerable visible roof area. Councillors noted that the dwelling opposite is timber clad with tiles and brick chimney stack which is more in keeping with the local vernacular

­ the revised floor plans suggest an increase in the footprint of the approved scheme

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­ a bat roost seems to have been omitted from the revised plan ­ the annex has been altered and the carport removed ­ The parish council would also like to see a landscaping plan for the site with banking

and planting to afford privacy to neighbouring properties, which has now been lost.

The parish council would recommend that the planning authority visit the site and also take into consideration the views of the Highclere Society and local residents.” Biodiversity Officer Initial Comments: Unacceptable. Final comments: No objection, subject to condition. Landscape Officer: No objection, subject to condition. Tree Officer: No objection. Local Highway Authority: Standing Advice Public Observations Twelve letters of representation expressing objection on the following grounds:

Accuracy of plans submitted in support of original consent questionable.

Scale missing on submitted plans, this should be confirmed.

Ground level should be identified on submitted plans to allow accurate measurements.

Size and scale overly dominant.

Removal of vegetation/screening.

Harm to AONB.

Lack of specificity of materials detailed under 16/03845/FUL.

Slate roofing will result in significant reflective glare.

Landscaping scheme not submitted and required to judge the final impact on the AONB.

No bat roost included within submitted plans.

Increase in height of annexe overly prominent.

Footprint of the new house in excess of the BDBC 50% Guideline.

Building out of proportion and not in keeping with Highclere Village Design Statement

The Council should insist on roof tiles and horizontal cladding which would minimise the appearance of the building.

Addition of window at ground floor level within the west wing.

Light pollution resultant due to additional windows.

Use of different scales on different plans.

Increased massing of west wing.

Use of masonry plinth rather than brick work.

Removal of trees and hedging without any substitute or plan.

Height and dominance – negative impact on walkers enjoyment of area.

Lack of provision for garaging and secure storage of equipment.

Amended building heights of west wing to give building interest negated in amended application.

Visual amendments increase the apparent scale of this building.

Potential for additional accommodation within roof spaces.

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The Highclere Society:

Change to a slate roof jarring and dominant with limited use in surrounding area.

Vertical boarding, slate and use of a cast masonry plinth rather than brick resulting in pronounced appearance of dwelling and apparent height.

Potential glare from slate.

Lack of landscaping plan which should have been required as part of original consent.

Banking and planting to replace and improve on that which has been removed, partly to facilitate building, is critical.

Object to removal of car port and no proposed replacement.

The proposed blinkered oriel windows on the north east do offer protection to and from Plantation House.

There should be a condition to stop the division of the dwelling into two, one to reinstate the bat roost, one to stop additional windows in the roof to limit any more overlooking, and one to limit external lighting from affecting neighbours.

Relevant Planning History 16/03845/FUL Erection of replacement dwelling and associated

works. Alterations to access and residential curtilage

Granted

23.12.2016

BDB/74360 Application for Certificate of Lawfulness for use of land as residential land

Granted 28.06.2011

Assessment Principle of development As detailed above, there is recent and relevant planning history on the site. Planning permission 16/03845/FUL was granted in December 2016 for the erection of a replacement dwelling. The current application, relating to the erection of a replacement dwelling, is similar to that previously granted planning permission with the exception of the western wing which will be reduced by 2.8 metres in length but the height increased in part by 1.4 metres. There have been no changes to the national or local planning policies under which the previous application was assessed and therefore it would be unreasonable to come to a different conclusion on the acceptability of a replacement dwelling. To ensure completeness, conditions and informatives relating to the original consent have been attached to this permission, with amendments to the wording as necessary. The key issues for consideration are therefore the acceptability of the amendments to the approved scheme against relevant policies of the Local Plan. Impact on the character of the area/ design The application site is located near the settlement of Highclere, within the North Wessex Downs AONB. The site is accessed by Westridge Road, which is a sinuous road characterised by period dwellings and mature hedgerow along its flanks giving a very rural and bucolic landscape character. In determining the approved development on the site it was previously considered that the replacement dwelling within an existing large plot would remain set back well within the site, further back than the existing property. In addition, the existing garages would be removed and the access road blocked up to create effective hedgerow screening to the proposed buildings. As such it is anticipated that the massing of

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the proposed building will not be significantly greater in visual impact or effect on the landscape character than the existing dwelling and garage buildings currently on the site. The proposed style of the building, albeit of a more modern and contemporary form in comparison to the existing dwelling, was also considered appropriate to the landscape context. This is due to the existing building being of no real architectural merit and not especially in keeping with surrounding period properties. It was therefore concluded that the design of the replacement dwelling with its simple two storey rectangles and simple pitched roof design would be of a size and scale not disproportionate to the site or its surroundings. It was acknowledged that the design is modern and contemporary with a materials palette consisting of brickwork, timber cladding and plain roof tiles and would provide a suitable contrast to more traditional buildings within the locality.

Change to the proposed roofing material from clay tiles to natural blue/grey slate This revised scheme seeks to change the roof materials from tile to slate. It is noted that a typical vernacular material within the immediate locality is clay tiles, however the proposed use of natural slates in not considered to be adversely harmful or in direct conflict with the Highclere Village Design Statement. The proposed slate for the roof is a common material within the wider area, and therefore wouldn’t be at odds with the local vernacular. The applicant has specified that the proposed tiles would be natural slate and this gives the Local Planning Authority some certainty that a high quality material will be used. The muted grey/blue shade of the slates would blend with the surrounding landscape character and is not considered to result in any adverse harm in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Change to the proposed brick plinth to cast masonry The proposed cast masonry plinth wall would form the base of the building, with the majority of the visible material from the public realm being larch weatherboard, which was granted as part of the previous consent. The loss of brickwork is noted, however is considered to be a minor change which would better complement the proposed amended slate roofing. Notably the plinth to the building would not be visible to the public domain as to materially alter the appearance of the property within the street scene.

Alterations to the west wing The original submission contained a car port which has been removed resulting in a reduction in the length of the west wing. The roof height of this element has been partially increased by 1.4 metres in part to form a single continuous ridge. The proposed alterations to the west wing would regularise the form of this element and whilst comments have been made in relation to adverse harm resultant from these changes, the maximum height of the roof would not increase. It is also asserted that the visual interest of these changes would be diminished and that loss of the proposed car port would give rise to future applications on the site for garaging and storage. The Local Planning Authority cannot require retention of the proposed car port or consider the potential for future planning applications on this site.

Alterations to the window positions & detailing to the north east side elevation at first floor level of the two storey element (eastern wing)

Reduction in the glazing to the centrally located boot room which connects the eastern and western wind of the proposed extension

Minor alterations to the fenestration

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Relocation of the proposed chimney These changes are acceptable and would not result in any significant alteration to the appearance of the granted consent. Given that openings were proposed as part of the consented scheme, it is not considered that any additional light pollution would result.

Other

The appearance of the proposed larch cladding has not been altered as part of this revised application as the originally approved plans indicated that the proposed cladding would be vertical rather than horizontal. It is accepted that the vertical cladding could appear to draw the eye upwards and increase the perception of the bulk and scale of the proposed building, however given that the position would be unchanged from the previous consent it would not be reasonable to refuse the granting of consent on this basis. The remaining materials are the same as permitted on the previous consent. Landscape & Trees The Landscape Officer has assessed the revised scheme and concluded that the proposed changes in relation to landscape character and visual amenity would not be harmful. The proposed slate for the roof is a common material locally, and therefore wouldn’t be at odds with the local vernacular. The other amendments proposed do not result in any significant increases in bulk of harmful visual impacts in landscape terms. The Landscape Officer requests that details of hard and soft landscaping are requested by condition due to its location within the AONB, however it is considered that the differences between the approved scheme and the current application do not fundamentally alter the impact that this replacement dwelling would have in this location. It is therefore not appropriate to request further details in relation to landscaping given that it was considered unnecessary to request this information as part of the previous consent. The Tree Officer has confirmed that there are no objections to the proposed development. It is noted that concerns have been raised in relation to the removal of vegetation on the site, however retention of vegetation was not required as part of the original consent (apart from that identified on the submitted plans) therefore the applicant is able to remove this vegetation without the express consent of the Local Planning Authority. It is understood from the information submitted in support of the current scheme (and extant consent) that the applicant intends to undertake planting to improve screening of the site in addition to that required by condition 5 of the consent. The proposed development would be in compliance with Policies EM10 and EM1 of the Basingstoke and Deane Local Plan 2011-2029 in respect of landscape and tree impacts. Impact on neighbouring amenities The application site is located in a rural location whereby there are neighbouring properties adjoining the site to the north, south west and west. The replacement dwelling would be sited no closer to neighbouring properties than the approved consent. The relationship with the neighbouring properties would be as follows:

A distance of 70m to the neighbour to the north, 'Plantation Cottage'.

Between 13m and 30m from the neighbour to the west, 'Sunny Dene’.

40m from the neighbour to the south west, 'Earley Cottage'.

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As previously approved by the extant consent, these separation distances are acceptable. This amended scheme proposes blinkered windows to the north eastern elevation at first floor level which would reduce the perception and potential for overlooking, but in any case given the separation distance between these properties this relationship is considered to be acceptable. The addition of a window to the western wing at ground floor level has been questioned, however this is of a matching design to the proposed windows and, given the ground floor location of this window and the distances between neighbouring properties, is considered to be acceptable. It is considered that the proposed alterations would not result in any undue overlooking or a loss of privacy that would be detrimental to the amenities of neighbours. The part increase in ridge height to the west wing would also not result in any new adverse bulk or massing as to result in the property being unduly prominent or overbearing, nor would any adverse overshadowing result. The proposal complies with Policy EM10 of the Local Plan. Highways and Parking The application site is situated within a 'rural zone’ for the purposes of the Residential Parking Standards SPD, which requires that properties of four or more bedrooms provide four vehicle parking spaces, with secure cycle storage and refuse/recycling facilities. Loss of the proposed car port is not considered to result in a harmful impact in highways terms given that there is extensive room for parking and turning within the curtilage of the dwelling. The proposed development is considered to be in compliance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029. Biodiversity All bats and their roost sites are protected under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010 from disturbance and harm. The proposal is to demolish and replace the existing dwelling. The existing dwelling has been identified as containing a bat roost. Therefore, due to the protection afforded to the species the amended scheme includes the previously proposed mitigation measures. The proposed works will cause the destruction of the existing roost, and therefore the work will require an EPS Licence from Natural England and suitable protection and mitigation/ compensation measures. The bat surveys and proposed mitigation are considered to be adequate and the Council's Biodiversity Officer has assessed the proposals and raised no objections, subject to conditions. The Biodiversity Officer has considered that the proposed condition would be necessary to fulfil the requirements of one (53(9)(b)) of the three derogation tests of the Conservation of Habitats and Species Regulations 2010, specifically that "the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range". The development involves the demolition of an existing structure, and the bat population is not of regional or national importance. Recent (July 2015) guidance from Natural England indicates that in this case a reasoned statement covering the following two derogation tests is not required: 1. Regulation 53(2)(e) which states: a licence can be granted for the purposes of "preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment".

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2. Regulation 53(9)(a) which states: the appropriate authority shall not grant a licence unless they are satisfied "that there is no satisfactory alternative". Case law indicates that the process of consideration of the 3 derogation tests should be clearly documented by the LPA. The Biodiversity Officer considers that the third degradation test has been assessed. For the other two tests, it is considered that the proposed development would be in accordance with the planning policies of the development plan, which are considered to be in the public interest. As such, given no significant effects on bat conservation are expected, then the public interest is an overriding one which satisfies the first test. Furthermore, it is considered that there does not appear to be a satisfactory alternative to meeting the applicant's objective for an enhanced living accommodation, given the acceptability of the current design and nature of the building and therefore test 2 is satisfied. Given all three of the degradation tests have been met, no objections are raised from a biodiversity perspective and the proposals are considered to be acceptable. With these in place, the proposal continues to meet Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029. Planning conditions will ensure that the amended plan submitted under the current application and mitigation measures as detailed within the Turnstone Ecology Bat Survey submitted under application 16/03845/FUL are implemented. Other Concerns have been raised in relation to the accuracy of the drawings produced to accompany the planning application and the lack of a scale. It is confirmed that the proposed elevations drawing 1608A 103 measures at a scale of 1:100 at A1. The plans received have been checked for accuracy and are considered sufficient for planning purposes. The approved site plan (Plan 1608A 102) submitted under the previous application also detailed a proposed residential curtilage land swap which must be complied with as the Local Planning Authority would not accept a further extension of the residential curtilage of Fernecotes. This revised application continues to propose this change which is clarified in condition 1 and an informative attached to this consent. Comments have been submitted requesting imposition of conditions in relation to subdivision of the dwelling and the need to remove permitted development rights to prevent the creation of additional accommodation within the roof space of the proposed dwelling. Such conditions were not attached the original consent which is still implementable, and in any case given the size of the plot and its proximity to neighbouring properties it is not reasonable to remove permitted development rights. Any subdivision of the plot in the future would require express consent from the Local Planning Authority. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- Block Plan - Drawing No. 1608A 101 - Existing and Proposed Site Plan - Drawing No. 1608 102 as submitted under

16/03845/FUL - Proposed Elevations - Drawing No. 1608A 103 - Proposed Plans - Drawing No. 1608B 104 (Received 18/12/2017)

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REASON: For the avoidance of doubt and in the interests of proper planning. 2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of the planning permission granted under 16/03845/FUL. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 The materials to be used in the construction of the external surfaces of the

development hereby permitted shall match, in type, colour and texture those detailed on the application forms and plans, unless otherwise agreed in writing with the Local Planning Authority. REASON: In the interests of visual amenity and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 The development shall be carried out and maintained in perpetuity in accordance

with drawing number 1608B 104 Proposed Plans by Edge Architecture dated 18/12/2017 which indicates the location, size and access points of a bat loft to be built within the roof space of the western extension of the proposed new building and in accordance with the procedures and recommendations contained within the Bat Survey by Turnstone Ecology dated October 2016 Rev 00 submitted under the previously approved scheme 16/03845/FUL. REASON: The property houses a bat roost which will be lost during the development and the mitigation plan is needed to address the third of the three derogation tests of the Conservation of Habitats and Species Regulations 2010. The bat mitigation plan also meets requirements under Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

5 The existing access to be closed and stopped up shall be planted with native mixed

hedging, of a similar stock and species to that currently on site, unless otherwise agreed in writing by the Local Planning Authority. The planting shall be carried out in the first planting season after first occupation. REASON: In the interests of the landscape character of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6 No work relating to the construction of the development hereby approved, including

works of demolition or preparation prior to operations, or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

7 No deliveries of construction materials or plant and machinery and no removal of any

spoil from the site, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

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Informatives:- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if

any), must be complied with in full, failure to do so may result in enforcement action being instigated. 1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

seeking further information following receipt of the application.

seeking amendments to the proposed development following receipt of the application.

considering the imposition of conditions.

In this instance:

the applicant was updated of any issues after the initial site visit.

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

3. The previously consented scheme included a small alteration in the residential

curtilage of the property by reducing a section to the south and including a section to the east of the new dwelling. The revised consent must also comply with the residential curtilage alteration as previously agreed and demarcated on drawing 1608 102 as submitted under 16/03845/FUL.

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Location plan

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Block Plan

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Elevations

West

East

North

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South

Roof plan

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Floor Plans

Ground Floor

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First Floor

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Cttee: 7 February 2018 Item No. 11

Application no: 17/03561/FUL For Details and Plans Click Here

Site Address Pine Cottage Heath End Road Baughurst Tadley

Proposal Erection of 1 no. 2 bed dwelling

Registered: 20 October 2017 Expiry Date: 9 February 2018

Type of Application: Full Planning Application

Case Officer: Nicola Marchant 01256 845468

Applicant: Mr M James Agent: Mr S Cottrell

Ward: Baughurst And Tadley North

Ward Member(s): Cllr Michael Bound Cllr Robert Tate

Parish: TADLEY CP OS Grid Reference: 458378 162509

Recommendation: the application be REFUSED for the following reasons:

Reasons for Refusal 1 The proposed development would result in adverse harm to the character and

appearance of the area by virtue of the cramped and discordant form of development with the proposed property sitting in a prominent position within the site forward of the existing property, Pine Cottage. The siting would appear out of keeping with the established pattern and character of the surrounding development, would not satisfactorily integrate into the street scene or positively contribute to the overall quality and visual amenity of the area. The siting would additionally not provide for appropriate private amenity space for both the proposed dwelling and Pine Cottage to the detriment of residential amenity. As such the proposal would be contrary to Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Appendix 16:`Residential Amenity` of the Design and Sustainability Supplementary Planning Document and the guidance contained within the National Planning Policy Framework (March 2012) and the Tadley Design Statement.

2 The application site is situated within the Detailed Emergency Planning Zone (DEPZ)

surrounding the Aldermaston Atomic Weapons Establishment (AWE). The proposed development would as a result of the associated increase in population, proximity to the centre of the DEPZ (approximately 273 metres) and location within one of the most densely populated sectors of the DEPZ (Sector L), have a detrimental impact on the Aldermaston off-site emergency planning arrangements in respect of ability to respond to an evacuation. As such the proposal would be contrary to the requirements of Policy SS7 of the Basingstoke and Deane Local Plan 2011-2029 and guidance contained within Paragraphs 120 and 172 of the National Planning Policy Framework 2012.

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General Comments The application is brought to the Development Control Committee at the request of Councillor Bound for the following reason:

"Having reviewed the reason for refusal, 'the bungalow would appear cramped within the site and would have very little amenity space' I think that this is a subjective view and it could be argued otherwise especially as there are no objections from neighbours and Tadley Town Council - only comments concerning adding a second storey. Therefore I would like DC to decide this application after a site viewing" due to the Officer's recommendation for refusal."

Planning Policy The site is located within the Tadley Settlement Policy Boundary. National Planning Policy Framework (NPPF) (March 2012) Core Planning Principles Section 4: Promoting Sustainable Transport Section 6: Delivering a wide choice of high quality homes Section 7: Requiring Good Design Section 11: Conserving and enhancing the natural environment Annex A: Decision Taking National Planning Practice Guidance Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Sustainable development) Policy SS1 (Scale and distribution of new housing) Policy SS7 (Nuclear Installations - Aldermaston and Burghfield) Policy EM1 (Landscape) Policy EM4 (Biodiversity, geodiversity and nature conservation) Policy EM10 (Delivering high quality development) Policy EM12 (Pollution) Policy CN9 (Transport) Policy CN1 (Affordable Housing) Policy EM9 (Sustainable Water Use) Policy CN6 (Infrastructure) Policy CN7 (Essential Facilities and Services) Policy CN8 (Community, Leisure and Cultural Facilities) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Residential Parking Standards SPD Tadley Design Statement (2004) Design and Sustainability SPD

- Appendix 5 (Construction Statements) - Appendix 6 (Storage and Collection of Waste and Recycling) - Appendix 7 (Places to Live) - Appendix 16 (Residential Amenity).

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Description of Site The site comprises a broadly rectangular plot containing a detached bungalow, located on the corner of Heath End Road and Pinks Lane. The bungalow has a gravelled area to the front/west of the site with a gated entrance enclosed by fencing, with a second entrance/access to the rear/east of the bungalow with a further gated entrance and parking area. Proposal The proposal is for the erection of a two bedroom bungalow located to the west of the site upon the parking/gravel area of Pine Cottage. The property has a footprint with a maximum length of 11.7 metres and width of 7.8 metres and rises to 4.6 metres sitting under a pitched and fully hipped roof. The property would be provided with a garden area to the south west of the site with access taken to the northwest corner with two parking spaces within a gravel drive. The property would be constructed from red brick and the roof from grey tiles. Consultations Tadley Town Council – “No objection providing a condition of approval is that the dwelling remains as a bungalow.” Natural England - Natural England has no comments to make on this application. Thames Water - No objection Environmental Health Officer - No objection subject to conditions. ONR - Due to the scale and location of the proposed development ONR advise against this application. HCC Emergency Planner - To date no consultation response received. Local Highway Authority - Standing advice applicable. Public Observations One letter of comment received - No objection to a bungalow but would object in the future to any applications to add upper stories. Relevant Planning History BDB/68734 Outline application for the erection of 6 no. one

bedroom flats following demolition of existing bungalow including access, appearance, layout and scale

Refused and dismissed on appeal

02.10.2008

BDB/67388 Outline application for the erection of 6 no. one

bedroom flats following demolition of existing bungalow including access, appearance, layout and scale

Refused 11.02.2008

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BDB/66902 Outline planning application for the erection of 6 no. one bedroom flats following demolition of existing bungalow including access, appearance, layout and scale

Withdrawn 23.10.2007

BDB/66312 Outline planning application for the erection of 6

no. one bedroom flats including access, appearance, layout and scale

Withdrawn 07.08.2007

BDB/18039 Erection of detached bungalow on 0.03 ha Refused 28.06.1986 BDB/12015 Change of use of dwelling to restaurant Refused 04.09.1981 BDB/06580 Construction of driveway Granted 30.11.1978 Assessment Planning history A planning application was submitted and refused at the application site under BDB/18039 in 1986 for the erection of a bungalow for the following reasons (in summary): 1. The site is too small for the proposed development to provide satisfactory plot size. 2. The proposal would detract from the amenities of "Pine Cottage" in that it would be left with inadequate garden space. 3. The proposed development would have an adverse effect on the visual amenities of the neighbourhood and adjoining property to the north. Whilst it is evident that the application was refused some time ago and both national and local planning policies have changed, the principle of the development in terms of the size of the plot and amenity space remains unchanged and is still a material consideration. A further two outline applications were submitted (under BDB/66312 and BDB/66902) at the application site including Pine Cottage for the erection of 6 no. 1 bedroom flats and were subsequently withdrawn on the advice of the officer due to concerns in relation to neighbouring amenity and overdevelopment of the site. Following the withdrawal of the previous applications another two applications for outline planning permission under (BDB/67388 and BDB/68734) were submitted, refused and ultimately dismissed at appeal by The Planning Inspector for various reasons, which also stated that this part of Heath End Road derives much of its character from space between and around the buildings. Impact on the character of the area/ design The acceptability of the proposal is required to have regard to Policy EM10 of the Local Plan which states that new development should respond to its local context of buildings in terms of design, siting, spacing and respect the host dwelling. Heath End Road is generally characterised by two storey dwellings and bungalows located within generous plots with space about the properties providing reasonable sized garden/amenity areas particularly to the front as the properties are generally set either centrally or back within the plots. This current application again seeks approval for the erection of a detached two bedroom bungalow located to the front amenity area of the existing property Pine Cottage with a plot size similar to that refused under BDB/18039. With no significant change to the plot size or the positioning of the proposed dwelling to the previous refusal, the proposal for a two

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bedroom bungalow would again appear out of keeping with the pattern of development and the space provided about dwellings in the surrounding area. The siting would also sit forward in the street scene compared to the closest neighbouring properties to which the site relates, resulting in the proposal being visually prominent and incongruous in the streetscene to the detriment of the character and appearance of the area. The proposal would therefore not deliver a high quality development that positively contributes to the local environment as required by Policy EM10 of the Local Plan, the Design and Sustainability SPD and the Tadley Design Statement. In terms of the design of the proposed two bedroom bungalow, the majority of properties located in Heath End are two storey dwellings however, there are a small minority of bungalows and the design of the dwelling by itself would be considered to be acceptable. The materials for the proposal are red brick to match the existing with grey roof tiles which is also acceptable. However, in terms of the scale of the development, given the size of the plot, it is considered that the proposed bungalow would appear cramped within the site and in close proximity to the existing property (Pine Cottage) contrary to the predominant character of the area. Impact on neighbouring amenities Policy EM10 of the Local Plan and guidance contained within Appendix 16 of the Residential Amenity SPD states that people can expect to enjoy a good level of residential amenity and this amenity is influenced by a range of factors such as private outdoor space, privacy, outlook and natural light. The guidance goes on to say that new dwellings should provide an appropriate amount of amenity space and new and existing dwellings should benefit from an appropriate degree of privacy and receive appropriate levels of natural light and have an appropriate outlook. Given the scale of bungalow proposed for the size of the plot, it is considered that the amenity space/garden to be provided (approx. 31 m2) for the proposed dwelling would be inadequate, particularly as guidance contained within Appendix 16 states the garden amenity area should be a minimum of 50 m2. The remaining amenity space for the existing property would also be significantly reduced resulting in a cramped garden space to the harm of private enjoyment of the property. It is also considered that the close proximity of the proposed dwelling to Pine Cottage (approx. 4 metres) and the 1.8 metre fence between the properties would also result in a loss of outlook, with the proposal sitting prominently in relation to Pine Cottage. A loss of light would also occur particularly to Pine Cottage as the two existing windows to the west elevation are habitable rooms and would be shaded by the boundary fence. As such it is considered the proposal would not accord with Appendix 16 of the design guidance or EM10 of the Local Plan whereby the relationship of the proposal would result in harm to the amenity of occupiers of the site. In addressing the relationship to neighbouring properties, the proposed dwelling would be sited to the south of number 48 with an intervening hedgerow. The property would be visible in the outlook from this dwelling however is not considered to result in any significant overbearing impact or result in overshadowing a loss of privacy or outlook to this neighbour. The proposed dwelling would be located approximately 14 metres from the neighbouring property to the south of the application site. Given the distance and 1.8 metre high close board fence and intervening carriageway, it is considered that the development would not have a significant impact upon the amenities of this neighbour.

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Parking The proposal is for the erection of a two bedroom dwelling and as such a new dwelling in a rural settlement would be expected to provide 2 car parking spaces and bin and cycle storage as suggested in the Residential Parking Standards. The site plan submitted demonstrates that two car parking spaces and bin and cycle storage can be achieved for the proposed property and that there is an existing access and adequate parking to also meet the needs of Pine Cottage. The parking for Pine Cottage would be accessed from the south via Pinks Lane. The proposal is therefore acceptable in this regard and accords with Policies EM10 and CN9 of the Local Plan. AWE/Emergency Planning Matters Developments proposed up to and within 8km of the Aldermaston Atomic Weapons Establishment (AWE) site are subject to consultation with the Health and Safety Executive (HSE) due to their proximity to a hazardous installation. The 8km distance is separated into inner and outer zones and represents the Detailed Emergency Planning Zone (DEPZ) surrounding the AWE. The proposal is for one new home in Sector L, sitting 273 m metres from the AWE Site Boundary. As a result of which it is considered that the proposals would have an adverse effect on the ability to respond due to the close proximity to the site boundary and the increased likelihood of the requirement for evacuation from the premises and the subsequent impact in relation to longer term recovery from an AWE Radiation Emergency. This is consistent with the emergency planners approach taken at the site immediately to the east, Hideaway, in an application for 3 dwellings under 17/01609/FUL and for one dwelling under 17/02995/FUL. Other matters It is noted the neighbouring property to the north (48 Heath Road) has confirmed that they have no objection to the current proposal but would object if, in the future, there were applications submitted to add further storeys. If a further application was submitted in the future, the adjacent neighbour (abutting the site) at 48 Heath Road would be notified in writing and given the opportunity to make comments should they wish. Informative(s):- 1. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

In this instance:

- the applicant was updated of any issues after the initial site visit,

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

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Location plan

Site Plan

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Elevations

North South

West

East

Illustrations

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Floor Plan

Roof Plan

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Cttee: 7 February 2018 Item No. 12

Application no: 17/03583/FUL For Details and Plans Click Here

Site Address 1 Bell Street Whitchurch RG28 7AE

Proposal Reconfigure layout of refrigeration plant and air-con units together with equipment housing on flat roof area

Registered: 25 October 2017 Expiry Date: 9 February 2018

Type of Application: Full Planning Application

Case Officer: Stephanie Baker 01256 845578

Applicant: The Co-operative Group

Agent: Mr Christopher Jackson

Ward: Whitchurch Ward Member(s): Cllr Keith Watts Cllr Chloe Ashfield

Parish: WHITCHURCH CP OS Grid Reference: 446215 148069

Recommendation: the application be APPROVED subject to the conditions listed at the end of the report.

Reasons for Approval 1. The proposal would not be visually prominent within the street scene and would not harm

the intrinsic character or overall appearance of the area. The proposal would be of acceptable design and materials in relation to its function and siting. As such the proposal would comply with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 7 of the National Planning Policy Framework 2012.

2. The proposed development would not harm the character or appearance of the Whitchurch Conservation Area and as such complies with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Section 12 of the National Planning Policy Framework 2012.

3. The proposed development would not result in undue noise or disturbance impacts to

occupiers of neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

General comments This application has been brought to the Development Control Committee at the request of Councillor K Watts for the following reasons; ‘I believe that Members should consider the effect of noise from these air conditioning units at peak periods, e.g. at 12 noon GMT in high summer, on the residents of dwellings within the building named “Market Place” and adjacent cottages in Church Street, and outdoors, before making a decision. Members should also be aware of the effect of the addition of these units on the character of the Conservation Area including the Viewpoint in Church Street and the listed buildings.’

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Planning Policy The site lies within the Whitchurch Settlement Policy Boundary and Whitchurch Conservation Area. National Planning Policy Framework (NPPF) (March 2012) Section 7 (Requiring good design) Section 12 (Conserving and enhancing the historic environment) National Planning Practice Guidance Basingstoke and Deane Local Plan 2011-2029 Policy SS5 (Neighbourhood Planning) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution) Whitchurch Neighbourhood Plan 2014-2029 Policy GD1 (Re-enforcement of the adoption of the Whitchurch Design Statement as supplementary guidance to be used in the planning process) Supplementary Planning Documents and Guidance (SPD's and SPG's), interim planning guidance Whitchurch Conservation Area Appraisal 2004 Whitchurch Village Design Statement 2004 Appendix 4 of the Design and Sustainability Supplementary Planning Document 'Conservation Areas' 2008 Other material documents Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Description of Site The site is a convenience store located on a corner position of Bell Street and Church Street, the character of the area is a mixture of retail and residential. Immediately adjacent to the site are residential properties and to the north-east and south-east (across the highway) are commercial and retail uses. The host building comprises three storeys and has flat roofs at two heights. The lower-level of the flat roof is accessible from the walkway serving the top floor Market Place flats and the higher-level of the flat roof is at the eaves height of surrounding residential flats and dwellinghouse roofs. Some of the nearby residential properties have accommodation over three floors with rooms within converted lofts and nearby flats are also at a similar height to the roof levels of the application site, due to their location above lower units. Proposal The proposed development is for the re-configured layout of refrigeration plant and air-conditioning units, together with timber equipment housing and safety handrails on the roof levels of the property.

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The 2 no. air conditioning units would be sited on the higher roof level, with 1.5m high, 2.4m long timber screening on around two sides, to the north and south, to screen views from Bell Street and from Longs Court to the south. The air conditioning units would measure 1m in depth, 0.3m in depth and 1.3m in height and sit within metal housing which is grey in colour. The twin-unit refrigeration plant would be sited on the lower roof level and would measure 2.6m in width, 1.2m in depth and 2m in height. The plant would also comprise metal housing which is grey in colour. Consultations Councillor K Watts: As per call-in request above. Whitchurch Town Council: No objection. Conservation Officer: No objection. Environmental Health Officer: No objection subject to condition. Biodiversity Officer: No objection. Public Observations One letter of objection received, summarised as follows;

Currently lights are left on occasionally which illuminate the units – light pollution

Visible from Bell Street and Longs Court

Existing noise disturbance in gardens and properties from current installations

Out-of-keeping appearance and would not preserve the appearance of the Conservation Area

Previous application had a noise assessment conducted overnight when it’s quieter

Roof is used for cigarette breaks, leads to overlooking. Relevant Planning History 16/03059/FUL Installation of refrigeration plant free standing

barrier and air conditioning units Granted 02.11.2016

16/03425/ADV Display of 2 no. externally illuminated logo signs, 1 no. externally illuminated projecting sign and 3 no. non-illuminated wall mounted panels

Granted 05.01.2017

16/04644/FUL New AC units and relocation of AC unit Granted 08.02.2017 17/01461/RET Installation of roof refrigeration plant, 2 no. air

conditioning units and free standing barrier Withdrawn 13.06.2017

The site has a long-established use as a convenience store and the residential flats closest to the store were approved in 1994 (Market Place and Longs Court) subject to conditions to ensure satisfactory acoustic enclosure of refrigeration plant and compressors for the store (condition 6 of BDB/34313) as well as conditions requiring suitable noise protection measures for the Longs Court (units 21 and 22) from refrigeration fans (condition 12 of BDB/34314).

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Assessment The Whitchurch Neighbourhood Plan (WNP) highlights community views that shops are an important feature in Whitchurch to provide employment and improve the prosperity of Whitchurch. Policy EP3 of the Local Plan also sets out that local centre help ensure the vitality of areas and smaller centres are generally more dependent on day-to-day convenience shopping. The proposal for refrigeration plant and air-conditioning units are linked to the retail operation of the unit, a local convenience store operated by the Co-Op. Impact on the character of the area/ design It is noted that parts of the proposed development would be visible from the streetscene (as is the existing installation) which has not been built in accordance with the approved plans under 16/03059/FUL. However the glimpsed views are not considered to be demonstrably harmful such to warrant refusal of this revised scheme, particularly when the extant scheme would have a greater visual impact than the current proposal. Compared to the extant permission, and indeed the existing installation which does not benefit from planning permission, the proposal would be sited more centrally within the highest part of the flat roof. Lower-level timber screening for equipment housing has also been proposed which would be sited more centrally, this equipment housing would be 600mm lower than the approved equipment housing under 16/03059/FUL. In addition, the extent of the proposed metal safety rails has been reduced and would no longer be sited at the perimeter of the roof, such that the view of these rails would be minimised compared to the existing situation, or extant permission. The access ladder has also been proposed further into the lower-flat roof, such that the views of this element would be further obscured by the nearby rooflines. The proposal is considered to be acceptable in terms of the level of impact on the streetscene and resultant appearance in accordance with Policy EM10. Impact on heritage assets Local Planning Authorities have a statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to preserving or enhancing the character or appearance of a Conservation Area when considering planning applications. In this respect, it is considered that the proposal would preserve the visual appearance and character (visual and non-tangible) of this part of the Whitchurch Conservation Area. This section of the Conservation Area already includes a number of items which are visible at roof level including metal access staircases at Longs Court, satellite dishes at Longs Court and Church Street and high antennas at Longs Court and Church Street. It can be seen from aerial and streetscene imagery online that timber equipment housing was located on the higher roof level of the application site from at least 2009, if not before. Therefore the proposed timber equipment housing and air con units at the higher roof level would preserve the character and appearance of the Conservation Area. The National Planning Policy Framework (NPPF) states that there should be a presumption in favour of sustainable development (paragraph 14) and that when considering the impact of a proposed development on the significance of the heritage asset, great weight should be given to the conservation of the asset (paragraph 132). In this instance, the heritage asset for which the impact on significance needs to be given, is the Whitchurch Conservation Area,

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and the proposal would have less than substantial harm upon the heritage asset and complies with the NPPF. Policy EM11 also establishes that proposals must conserve or enhance the quality of the borough's heritage assets, which includes Conservation Areas. Policy EM11 states that proposals will be permitted where they demonstrate an understanding of the character and setting of Conservation Areas and respect historic interest and local character and ensure the use of appropriate materials, design and detailing. As discussed above, the proposal is considered to retain the existing character of similar equipment at roof level and it would preserve the quality of the Conservation Area. Whilst the presence of any equipment at this level may be perceived as a form of harm to the Conservation Area due to the glimpsed views achievable, the situation has been long-established and the current proposal is considered to be an improvement in Conservation terms compared to the extant permission. The Conservation Officer has raised no objection to the revised scheme. Whilst acknowledging there would be some impact on the appearance of the Conservation Area from the installations, it has been noted that the current proposal would have lesser impact to the streetscene and character than the consented scheme; 16/03059/FUL. The Conservation Officer has also noted the importance of maintaining the vitality of the Conservation Area, to which commercial activity is an important contributor to the character of the area (as recognised within the WNP Objective 14 and Local Plan Policy EP3). Such commercial uses require ancillary equipment such as air conditioning plant and areas for deliveries which, in local centres and Conservation Areas need to be suitably sited and designed such as to minimise the impact on the heritage asset and visual amenity. Therefore in the public interest, whilst the proposal would generate a visual change to the streetscene, it is considered that the impact upon the Conservation Area would be lesser than that approved under 16/03059/FUL and the proposal would enable the commercial activity to function such to contribute to the vitality of the Conservation Area. The proposal would therefore result in less than substantial harm to the heritage asset and would preserve the appearance of the Conservation Area as required by the NPPF, Listed Building and Conservation Areas Act 1990 and is also acceptable in line with Policy EM11 of the Local Plan. Impact on neighbouring amenities The proposed installation would have a lesser visual impact to neighbours compared to the existing installation or extant permission due to the reduction in height, re-siting more centrally within the roofs and introduction of timber screening. The lower-level refrigeration plant would be sited in close proximity to the residential neighbouring flat, no.7 Market Place, approximately 1 metre from one of the windows serving the kitchen of the flat. The Environmental Health Officer however has noted that the kitchen would be less sensitive to noise compared to the residential gardens and first floor bedrooms of properties along Church Street to the south-east but has not raised objection to this relationship, subject to mitigation. It is important to note that the noise levels from the existing installation (not built in accordance with approved plans) is not what is being considered. The noise levels from the proposed location of re-sited equipment with revised acoustic settings and the introduction of an acoustic barrier at the lower-ground level forms the current proposal and has been assessed for its acceptability. The Environmental Health Officer has confirmed that whilst they have concerns regarding discrepancies between the current scheme’s initial noise report and the power levels and mitigation advice provided within the post-completion report for 16/03059/FUL, they are of

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the professional view that a condition requiring a revised noise assessment to address the adjusted power levels and acoustic screen would be sufficient to prevent averse noise impacts. Therefore subject to condition, the application is considered to be acceptable in noise respects and a reason for refusal on noise grounds could not be justified. The flat-roof area is principally an emergency escape route for fire evacuation leading towards Market Place and is also a maintenance access for the roof and plant equipment. Regarding the use of the flat roof area by employees of the convenience store during breaks, this is not something which can be controlled via the planning system through this application for refrigeration plant, air-conditioning units and ancillary equipment. The proposal is considered to be acceptable in respect of neighbouring amenity in line with Policies EM10 and EM12 of the Local Plan. Parking The proposal would have no impact upon highway safety or parking. Biodiversity The Biodiversity Officer was consulted on the application and has confirmed that there would be no adverse biodiversity implications from the proposal. This view is agreed by the Case Officer and the development would accord with Policy EM4 of the Local Plan in this respect. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- Location and Block Plan - Drawing No. 3164.04 - Proposed Elevation and Roof Plan - Drawing No. 3164.07 Rev A

REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and to prevent an accumulation of unimplemented planning permissions.

3 No development shall commence on-site until a detailed schedule of the types and

colours of external materials to be used for the development, together with product links or samples as appropriate, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority. REASON: Details are required prior to development commencing as insufficient details have been submitted with the application, which are needed in the interests of visual amenity of the area, adjacent to the Conservation Area and high quality design in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Sections 7 and 12 of the National Planning Policy Framework 2012.

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4 Within two months of the date of this decision, a post-completion noise assessment shall be carried out and submitted in writing for approval by the Local Planning Authority to verify that external noise at residential properties at Market Place and Church Street from the existing and proposed plant do not exceed the following maximum cumulative rated noise levels at the nearest noise sensitive receptors:-

45 dB LAeq, 1hr (0700hrs – 2300hrs)

35dB LAeq, 15min (2300hrs – 0700hrs) Where the above criteria cannot be met the assessment shall include a scheme of suitable noise mitigation measures which shall be implemented before the use, hereby approved is commenced. The noise assessment must be carried out by a suitably qualified acoustic consultant/engineer and be undertaken in accordance with BS4142: 2014-"Methods for rating and assessing industrial and commercial sound". REASON: To ensure that acceptable noise levels are achieved within the nearby dwellings and curtilages, and are not exceeded in the interests of residential amenity in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

5 In the event that the post-completion noise assessment required under condition 4 above requires the installation of acoustic fencing around the refrigeration plant at the lower-roof level, no development shall commence until precise details of the design and materials of the fencing have been submitted to and approved in writing by the Local Planning Authority. Any acoustic screening shall be installed at the same time as the revised refrigeration plant. REASON: Details are required prior to development commencing as insufficient details have been submitted with the application, which are needed in the interests of visual amenity of the area, adjacent to the Conservation Area and high quality design and to ensure that acceptable noise levels are achieved within the nearby dwellings and curtilages, and are not exceeded in the interests of residential amenity in accordance with Policies EM10, EM11 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

Informatives:- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if

any), must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is

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sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

offering a pre-application advice

considering the imposition of conditions

In this instance:

was provided with pre-application advice

the application was acceptable as submitted and no further assistance was required.

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

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Location plan

Block Plan

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Proposed Elevations

From Bell Street

From Long Court

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Block Plan showing position of roof plant

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Cttee: 7 February 2018 Item No. 13

Application no: 17/03768/FUL For Details and Plans Click Here

Site Address Latchmere Green Barn Ash Lane Little London Hampshire

Proposal Change of use of barn from B8 storage and retention of portacabin to use as dog daycare, grooming and training centre to include use of vacant field as dog walking area.

Registered: 21 November 2017 Expiry Date: 12 February 2018

Type of Application: Full Planning Application

Case Officer: Russell Stock 01256 845244

Applicant: Mrs Clair Ramshaw Agent:

Ward: Bramley And Sherfield Ward Member(s): Cllr Venetia Rowland Cllr Nicholas Robinson

Parish: BRAMLEY CP OS Grid Reference: 463459 160066

Recommendation: The application be APPROVED subject to the conditions listed at the end of this report.

Reasons for Approval 1. The development would support the rural economy through the change of use of an

existing permanent building and ensure its continued use for economic purposes and as such the proposal would comply with the National Planning Policy Framework (March 2012) and Policy EP4 of the Basingstoke and Deane Local Plan 2011-2029.

2. The proposed development preserves the landscape character and scenic quality of

the area and as such is considered to accord with the National Planning Policy Framework (March 2012) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

3. The proposed development would not result in an undue loss of privacy or cause

undue overlooking, overshadowing, overbearing or noise and disturbance impacts to neighbouring properties and as such complies with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

4. The development would not cause an adverse impact on highway safety and

adequate parking would be provided to serve the proposed development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

General comments This application has been brought to the Development Control Committee at the request of Councillor Robinson and Councillor Rowland for the following reasons: Cllr Robinson – ‘I have concerns about the noise aspect of this application. Please refer this to committee and viewing panel for decision.’ Cllr Rowland – ‘I fully support Cllr Robinson’s call in for the DC committee’.

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Planning Policy Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the Development Plan unless material considerations indicate otherwise. Therefore, alongside the National Planning Policy Framework 2012 (NPPF), this application must be assessed against the Development Plan which comprises the policies of the Basingstoke and Deane Local Plan 2011-2029. The application site is located outside any Settlement Policy Boundary (SPB) and is therefore for planning policy purposes, defined as being within a countryside location. National Planning Policy Framework (NPPF) (March 2012) Achieving Sustainable Development Section 1 (Building a strong, competitive economy) Section 3 (Supporting a prosperous rural economy) Section 4 (Promoting sustainable transport) Section 7 (Requiring good design) Section 8 (Promoting healthy communities) Section 11 (Conserving and enhancing the natural environment) Basingstoke and Deane Local Plan 2011-2029 Policy SD1 (Presumption on Favour of Sustainable Development) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM10 (Delivering High Quality Development) Policy EM12 (Pollution) Policy EP4 (Rural Economy) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Design and Sustainability SPD

- Appendix 14 (Countryside Design Summary) - Appendix 16 (Residential Amenity Design Guidance)

Landscape Character Assessment SPG Landscape and Biodiversity SPD Non-residential Parking Standards SPD Description of Site The application site is situated within the rural hamlet of Latchmere Green, to the north west of Bramley. The site comprises a metal clad barn, a small portacabin, an area of hardstanding to the front which provides an area for parking and a grassed field to the east accessed via a track along the northern boundary. Trees and low shrubs with bunds shield the site from the road. Bordering the site to the north and south are residential properties, separated by trees and hedging. Other barns of a similar appearance can also be found locally. Agricultural fields surround the hamlet and there are a number of Public Rights of Way within the local area.

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Proposal The proposals are for the change of use of part of the existing barn from its current storage use (use class B8) to a dog daycare, grooming and training centre (use class sui-generis). The remaining (rear) part of the barn which has a lawful class B1(c) workshop use is not affected by the proposals. The application also seeks to change the use of part of the agricultural field to the east of the site for use as part of the dog daycare, grooming and training centre. The proposals are for the boarding of up to 30 dogs each day. The proposals also include the retention and change of use of a portacabin which measures approximately 8.5m in length x 3.3m in width x 3m in height. Amended plans were received during the course of considering the application which show the positioning of fencing within the field and an amended location plan which joins the public highway. Consultations Ward Councillors Councillor N Robinson: ‘I have concerns about the noise aspect of this application. Please refer this to committee and viewing panel for decision.’ Councillor V Rowland: ‘My comments on this application are as follows: EM10 - with regard to the development of the areas - I would like to be assured that the materials used in construction positively contribute to the appearance of the area - I note this is in what seems to be open countryside from the supplied location map. The examples seem to make it look more like an open prison camp - whilst I acknowledge the requirement for secure fencing - I would have like to see some planting to soften the fencing and associated gates, etc. Therefore this would be on objection on my part. SS6 - I have a concern that with animals being on site some 24 hours a day that there might be in the future an application for a dwelling. I am therefore not happy about the site having a change of use for animals which could result in an application for a dwelling to come forward. If the Officer is to recommend approval I would like to see a condition applied that this would not be the case. This would be an objection on my part. EM12 Noise - I note that the environment officer has requested conditions with regard to Lobbied Doors to ensure that the noise is reduced within the buildings however, nowhere is there a condition with regard to the outside noise that this facility could/would generate? I have seen support for the facility by dog owners however do not see any comments supporting the application from neighbours? I have concerns whilst they have not objected, they might not be fully aware of the noise levels that will be generated - therefore this would be an objection on my part. EM1 - I have noted the comments by the Landscape Team and frankly would agree with them completely - therefore this would be an objection on my part.’ Bramley Parish Council: - ‘I can confirm that Bramley Parish Council have met to consider the above planning application. Bramley Parish Council has no objections in principle, subject to a satisfactory noise survey. They also observed that they would like to see written support from the immediate neighbours, to ensure that they are indeed content with the application as stated in the application notes.’

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Landscape Officer: - Objections, proposals would erode the landscape character and visual amenity of the area. The quiet enjoyment of the countryside would also be adversely impacted. Environmental Health Officer: - No objections, subject to condition. Public Observations Seven letters of support received on the following grounds (in summary):

- the proposal would be a well-used and a favourably received local facility. - the business is well run and dogs are kept calm and as quiet as possible. - the proposals would create employment.

Relevant Planning History 16/01724/FUL Change of use from restricted B8 storage, to

general B8 storage; and use of existing workshop to separate B1C workshop (part retrospective)

Granted 29.07.2016

BDB/66840 Relief of condition 3 of planning permission BDB/55823 to allow use of the barn by persons other than Mr Ian Best

Granted 17.10.2007

BDB/55823 Relief of condition 1 of BDB/43432 to allow the continued use of the barn for the storage of equipment

Granted 11.07.2003

BDB/43432 Use of redundant agricultural building for storage of equipment

Granted 29.09.1998

Assessment Principle of development Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. In this case the development plan for the area is the Basingstoke and Deane Local Plan 2011-2029. At a national level, the National Planning Policy Framework (NPPF) constitutes guidance which the LPA must have regard to. The NPPF does not change the statutory status of the development plan as the starting point for decision making, but is a material consideration in any subsequent determination. Policy EP4 of the Local Plan supports development proposals for economic uses in the countryside provided they meet certain criteria including being sited on Previously Developed Land, re-use of an existing permanent building or the expansion of a business or enterprise. Furthermore development proposals must be well designed and of a use and scale that is appropriate to the site and locality, including the impacts on the local highway network and environmental impacts. Paragraph 28 of the NPPF also provides support for economic growth in rural areas in order to create jobs and prosperity. Local Planning Authorities are encouraged to support the sustainable growth and expansion of all types of businesses and enterprises in rural areas and the provision of well-designed new buildings is also generally supported.

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In relation to this application, the proposals involve the change of use of an existing permanent building and part of the site would also be classed as ‘Previously Developed Land’ as defined on p169 of the Local Plan. The appropriateness of the building is further discussed below and has been found to be suitable for the proposed use. The principle of development accords with the criteria of Policy EP4 of the Local Plan. The proposals do not involve any external changes to the barn and as such the building would retain its agricultural appearance. The impact on the landscape character, highways and neighbouring uses are all considered below, having regard also to other relevant policies of the Local Plan. Impact on the character of the area/ design Policy EM1 states that development will be permitted only where it can be demonstrated that the proposals are sympathetic to the character and visual quality of the area concerned and must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected. Policy EM10 states that proposals will be required to respect the local environment, contribute to the streetscene and be visually attractive. EM10 also seeks high quality development across the borough, based upon a robust design-led process and a clear understanding of the local identity and context of development to create successful, inviting places where people want to live, work and enjoy themselves. The landscape character in this location is quiet, rural and agricultural in nature, a network of agricultural fields extends across the landscape, regularly punctuated with farmsteads, villages and hamlets. In the vicinity of the site there are a series of water courses, brooks, ditches and ponds, which add a riparian nature to this rural character. A network of country roads extend through the area, some lined with linear ribbons of residential development. Public footpaths connect the populated parts of the landscape out in to the wider countryside. The character is open in nature due to limited blocks of woodland, and has a gently rolling landform. These combine to result in long, open views from roads and footpaths. The site is visible at a distance from three Public Rights of Way, to the northeast is PROW Bramley 2 (footpath), to the northwest is Pamber 14 (footpath) and to the south is Bramley 1 (footpath). The proposals would not involve any physical changes to the exterior of the main barn itself. Internally the barn would be divided to create separate areas including the various spaces for dogs, staff facilities and an office area. The existing mezzanine floor would be used for storage. Similarly, no external alterations are proposed for the portacabin, whilst internally this space would be used as a grooming area, it would also contain wash and toilet facilities. The scale and positioning of this building (portacabin) is considered acceptable and does not have any significant visual implications. Therefore in terms of the external appearance of the site when viewed from the road (Ash Lane), the proposals would not result in any significant change. Its agricultural character would be retained and the proposed use in comparison with the site’s current storage use, due to the fact that HGV’s would not be on site, would likely appear less visually intrusive in this rural location. The proposed site plan indicates that vehicular parking would be located within the north west of the site. This is considered an appropriate location and would benefit from the existing screening that the bund, trees and hedgerow provide. In regards to the change of use of the agricultural field to the east of the building, the proposals seek to subdivide this land and erect 6ft deer fencing. The field is visible to varying extents from both the Public Rights of Way as well as from Ash Lane. The fencing would

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create 3 different zones, a large dog, a small dog and corral areas. The fence would measure approximately 100 m x 60m. This subdivision of the otherwise visually open landscape is somewhat uncharacteristic. The Council’s Landscape Officer has raised concerns in this regard. Although the subdivision of agricultural land would to a certain extent diminish the openness of the landscape, equestrian land to the north of the site has given rise to subdivided ‘paddocks’. The proposed subdivision would therefore not be totally uncharacteristic within the landscape and given the size of the site, it would not significantly lessen the landscape’s overall sense of openness. Although 6ft deer fencing is not generally found within the local area, it does have a rural/countryside appearance. In order to mitigate against the visual impacts of the proposed 6ft fencing, it is considered necessary and appropriate to ensure that suitable landscaping is provided. Recently, willow canes have been planted around the boundaries of the field, however these are not considered sufficient in this case to mitigate the visual impact of the fencing. A condition has been included to ensure that further landscaping details are submitted and can be assessed in the interests of the visual amenities of the area in accordance with Policies EM1 and EM10 of the Local Plan. It is therefore considered that any negative visual impacts of the proposed fencing can be sufficiently mitigated by a landscaping condition. Therefore on balance, it is not considered that the proposals would adversely impact upon the surrounding landscape character and would conserve the amenity value of this countryside location, consequently the proposals are considered to accord with Policies EM1 and EM10 of the Local Plan. Neighbouring Amenity There are two neighbouring residential properties within 30m of the barn. Given that externally there will be little change to the site, other than the erection of a 6ft deer fence, it is the noise and disturbance generated from the proposed use which is most likely to impact upon these neighbours. A noise assessment has been submitted which concludes that the proposed use would not have any significant impacts upon the amenities of these neighbouring properties. With regards to this and with the site’s current lawful B8 use (storage) in mind, which has the potential to generate noise disturbance, most notably in relation to HGV and employee vehicular movements and deliveries, it is considered that the proposed use would not result in significant harm to neighbouring amenities. Due to the nature of the proposed use, a noise assessment has been submitted in accordance with the requirements of Policies EM10 and EM12 of the Local Plan. Neighbouring properties are located 23m (Ashmead House) to the south and 27.5m (Latchmere Green Farm) to the north of the Barn. The noise assessment considers the impact upon these neighbouring properties as well as impacts on the wider area. The noise levels were assessed by the Environmental Health Officer who found that noise levels from most activities on site have been shown to have a low impact, with a marginal impact whilst the dogs are outside. Both internal and external noise levels have been shown to meet the requirement of BS8233 and the WHO Guidelines. Therefore, considering that all the assessment methodologies indicate that the proposed change of use of the barn and external area as a dog day boarding centre would accord with the relevant standards, the proposals are considered to be acceptable in terms of noise pollution. The Environmental Health Officer has reviewed the details within the submitted Noise Impact Assessment and is satisfied from its findings that an adverse impact on existing neighbouring amenity would not occur as a result of the proposals.

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The submitted Noise Impact Assessment was based upon the barn not being ‘fitted out’. Once the barn has been partitioned up and divided into kennels etc., it is considered likely that the noise levels will be lower than those predicted and hence any potential for disturbance will be further reduced. The submitted Noise Impact Assessment has also demonstrated that the development would not be likely to have significant adverse impacts upon the tranquillity of the surrounding countryside. In regards to the possible impacts of dog waste, consideration has been given to the storage and disposal of this waste. It is considered essential to ensure that the storage and disposal of this waste is controlled given the potential pollution impacts, most notably smell, that could result from inappropriate waste management. The storage of the waste within the barn, prior to disposal, should be stored in a secure area, and this is to be controlled by a relevant condition. The disposal of the waste would need to comply with S.34 1(c) of the Environmental Protection Act 1990, in that any waste produced should only be transferred to an authorised person or to a person for authorised transport purposes. This has been added as an informative to the applicant to advise them of their responsibilities relating to the disposal of waste. A condition has been included to ensure that internal ‘lobbied’ doors are installed for access and egress to the building. This would ensure that any noise breakout from the building is minimised. Sui Generis ‘use classes’ do not benefit from any permitted development rights. Planning permission would be required for any works to the site beyond that which is included within this application. The insertion of new openings for example, which would have the potential to alter noise levels would therefore need to be assessed (though a planning application) by the LPA. Therefore it is not considered reasonable or necessary to place a restrictive condition on this application in relation to these works. However, a condition has been included restricting the hours of operation of the site in the interests of residential amenity. The hours suggested are; 08:00 – 18:00 Monday to Friday and 10:00 – 16:00 on Saturdays. The site shall not operate on Sundays or any recognised public or bank holidays. These conditions are considered reasonable and necessary in order to ensure that the development is acceptable in terms of neighbouring amenity in accordance with Policies EM10 and EM12 of the Local Plan. Highways and Parking The site lies within a rural location and is accessed via an unclassified road (Ash Lane). In terms of trip generation, the proposed business would operate 6 vans which would make up to 24 vehicle movements per day. Staff members would likely be reliant on private motor vehicles to access the site given its rural location. This has the potential to generate up to 20 vehicular movement per day, however it is envisioned that this will be somewhat lower as not all staff would be full time. Within the submitted planning statement it is outlined that staff members would collect the dogs from client’s houses between 8-10am and similarly return them between 4-6pm. No dogs are delivered to site by their owners. The collection of dogs in company vans would limit individual trips to and from the site and is considered appropriate for this rural location. The sites existing use as storage (use class B8) would most likely see frequent trips generated throughout the day, well in excess of the proposed use. This storage use has previously been considered acceptable and it is not envisioned that the proposed use would materially increase trip generation over this to the extent that would be harmful.

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Access to the site is to remain unchanged from Ash Lane, adequate space is provided by the forecourt for the parking and manoeuvring of vehicles. Therefore, the extent and nature of the traffic likely to be generated by the proposed use is considered acceptable and would not have significant impacts upon the free flow and safety of the surrounding highway network in accordance with Policies CN9 and EM10 of the Local Plan. Conditions 1 The development hereby permitted shall be carried out in accordance with the

following approved plans unless otherwise agreed in writing with the Local Planning Authority:

- Location Plan - received 17.01.18 - Site Plan - received 12.01.18 - Internal and External Plans - received 12.01.18 REASON: For the avoidance of doubt and in the interests of proper planning.

2 The development hereby permitted shall be begun before the expiration of 3 years

from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 Within one month from the date of this decision there shall be submitted to and

approved in writing by the Local Planning Authority a scheme of landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority within one month of the decision. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority. REASON: Details are required within one month of the decision because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 Before the use hereby permitted commences there shall be submitted to and approved in writing by the Local Planning Authority details/plans of the internal 'lobbied doors'. The details approved shall be carried out prior to the commencement of the use of the building hereby permitted and shall thereafter be retained as approved. REASON: In the interests of the amenities of the area and to protect the residential amenities of the occupiers of properties in the locality in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

5 The premises shall only operate between 08:00 hours to 18:00 hours on Mondays to

Fridays, and 10:00 hours to 16:00 hours on Saturdays nor open at any time on Sundays or any recognised public or bank holiday.

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REASON: In the interests of the amenities of the area and to protect the residential amenities of the occupiers of properties in the locality in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

6 The materials to be used in the construction of the means of enclosure, including

'deer fencing' of the development hereby permitted shall be as those detailed within the submitted supporting statement dated and received 12.01.18. REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

7 No part of the development shall be occupied or the approved use commence,

whichever is the sooner until details of the suitable storage of waste on site prior to collection have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and maintained in perpetuity in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of the amenities of the area and to protect the residential amenities of the occupiers of properties in the locality in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

8 During the operating periods as set out within condition 5 above, a maximum of 30

dogs shall be onsite at any one time and a maximum of 10 dogs will be permitted to utilise the outdoor exercise/training field to the east at any one time. REASON: In the interests of the amenities of the area and to protect the residential amenities of the occupiers of properties in the locality in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

Informatives:- 1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if

any), must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

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2. In accordance with paragraphs 186 and 187 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner:-

seeking further information following receipt of the application,

seeking amendments to the proposed development following receipt of the application,

considering the imposition of conditions and or the completion of a s.106 legal agreement.

In this instance:

the applicant was updated of any issues after the initial site visit,

amended plans and additional information were received. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

3. The applicant is advised that with regards to the disposal of dog waste, they would

need to comply with S.34 1(c) of the Environmental Protection Act 1990, in that any waste they produce should only be transferred to an authorised person or to a person for authorised transport purposes.

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Location plan

Site Plan

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Layout of paddocks

Floor Plans

Portacabin

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Barn

Ground floor

Mezzanine