AGENDA COPIES OF THIS AGENDA ARE AVAILABLE IN LARGE PRINT AND BRAILLE ON REQUEST

Transcription

1 NOTICE OF MEETING Meeting: Date and Time: Place: Telephone Enquiries to: Members: Planning Committee Wednesday, 14 August 2013 at 7.00 pm Council Chamber, Civic Offices, Fleet (Martine Fullbrook) Cockarill (Chairman) Ambler, Bennison, Billings, Blewett, Clarke, Crampton, Gani, Gorys, Kennett, Lit, Morris, Murphy, Oliver, Parker, Radley JE, Southern, Wheale Geoff Bonner Chief Executive CIVIC OFFICES, HARLINGTON WAY FLEET, HAMPSHIRE GU51 4AE AGENDA COPIES OF THIS AGENDA ARE AVAILABLE IN LARGE PRINT AND BRAILLE ON REQUEST 1 MINUTES OF PREVIOUS MEETING The Minutes of the meeting held on 10 July 2013 to be confirmed and signed as a correct record. Paper A 2 APOLOGIES FOR ABSENCE - 1 -

2 3 CHAIRMAN S ANNOUNCEMENTS 4 DECLARATIONS OF INTEREST To declare disclosable pecuniary, and any other, interests. 5 ON SITE PARKING STANDARDS FOR SCHOOLS To ask the Planning Committee to adopt a revised on-site parking standard for schools. Paper B RECOMENDATION: To adopt for development control purposes the revised parking standards for on-site provision at schools set out in Appendix A to replace those agreed in REPAIRS NOTICE SWANN INN PUBLIC HOUSE, NORTH WARNBOROUGH To ask the Planning Committee to serve, subject to Cabinet agreeing the financial aspects, a Repairs Notice to repair the Swann Inn Public House, North Warnborough a Grade II listed building and, in the event that no works of repair are undertaken at the end of a period of 2 months to serve notice of Compulsory Acquisition. Paper C RECOMMENDATION: That subject to Cabinet approval that the Head of Planning Services be given delegated authority to: A. serve an Repairs Notice under Section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) to ensure the preservation of the listed building known as the Swann Inn Public House, Hook Road, North Warnborough; and B. that in the event that no action of repair is undertaken by the owner at the end of a period of two months to serve a Compulsory Acquisition Notice under Section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) with a certificate of minimum compensation. 7 DEVELOPMENT APPLICATIONS A planning report/schedule from the Head of Planning Services is attached. Paper D Date of Despatch: 6 August 2013 The Human Rights Act 1998 (the Act) has incorporated part of the European Convention on Human Rights into English law. Any recommendation either to take or not to take enforcement action has been assessed to make sure that the decision is compatible with the Act. If there is a potential conflict, this will be highlighted in the individual report on the relevant item

3 PAPER B PLANNING COMMITTEE DATE OF MEETING: 12 AUGUST 2013 TITLE OF REPORT: Report of: ON SITE PARKING STANDARDS FOR SCHOOLS HEAD OF PLANNING SERVICES 1. PURPOSE OF REPORT 1.1 To ask the Planning Committee to adopt a revised on-site parking standard for schools. 2. OFFICER RECOMMENDATION 2.1 The Planning Committee Is recommended to: Adopt for development control purposes the following revised parking standards for on-site provision at schools set out in Appendix A to replace those agreed in BACKGROUND 3.1 As Members will be aware Hampshire County Council deals with applications for its own operational development and this means that it has dealt with most applications for new state funded schools and development at state funded schools where it will run the school. 3.2 However, in recent years there have been a number of different models where education is provided by the state, including academies, faith schools and free schools. For all these schools Hart District Council is the Local Planning Authority which means that applications for planning permission are made to the District Council. 3.3 In 2008 the District Council adopted interim guidance on parking provision. This was as a result of the Government removing a previous maximum requirement for residential development. 3.4 At that time for non-residential development the District Council took over the standards that had been previously set by Hampshire County Council. 3.5 For schools the relevant standard for on-site provision is 1.5 spaces per classroom. 4. HAMPSHIRE REVISED STANDARDS 4.1 In April 2013 Hampshire County Council adopted a revised standard for its own operational school facilities The rationale for this being... the way in which schools operate has significantly with the number of staff present on school sites increasing substantially. The majority of schools now employ large numbers of teaching and learning assistants to supplement formal teaching staff, as well as a great number o administrative, staff. Recent

4 PAPER B planning applications considered by the County Council have highlighted the fact that the [previous] standards no longer reflected current on-site school parking demand and their application often resulted in informal and overflow staff car parking within school sites or on surrounding roads. 4.2 The led to a revised standard which is set out in Appendix A. The rationale for the standard can be found at 5. IMPLICATIONS FOR HART 5.1 For the same reason given by Hampshire County Council it is appropriate that the car parking standards for on-site provision for schools should be amended for development control purposes for those applications where Hart is the Local Planning Authority and will deal with applications. This will ensure consistency between those applications dealt with by Hart and those dealt with by Hampshire County Council. 5.2 It will also ensure that appropriate car parking provision will be made on-site for staff. It will not affect parking and/or dropping off/collecting children from schools which is not the purpose of this. It does however deal with those visiting the school for meetings or for peripatetic staff. 6. FINANCIAL IMPLICATIONS 6.1 None 7. CONCLUSION 7.1 The Planning Committee Is asked to: Adopt for development control purposes the following revised parking standards for on-site provision at schools set out in Appendix A to replace those agreed in 2008 Contact Details: Robert Jackson Development Control Manager robert.jackson@hart.gov.uk

5 PAPER B APPENDIX A On-site parking standard for school development Type Cars Recommended Parking standard 1 space per teaching member of staff plus 2 spaces per 3 non-teaching staff. Disabled parking should be counted as 5% of the above allocation or a minimum of 1 space. Cycles Primary schools 1 scooter space per 10 pupils plus 1 cycle space per 20 pupils. Secondary schools 1 cycle space per 10 pupils In addition (for all schools) 1 cycle space per 20 staff in a non-pupil area Powered two wheelers (PTW) Minimum of 1 space or 1 space per 25 car spaces. Notes 1. Teaching staff are assumed to comprise class teachers, headteachers and deputy headteachers permanently based at the school. Peripatetic specialist teachers are not included in this definition (these staff are classed as visitors). All other persons employed at the school (including teaching assistants) are classed as non-teaching staff. 2. Visitor parking is included within the above parking allocations. 3. The car parking allocation does not cater for minibuses or delivery vehicles, for which separate facilities must be provided unless otherwise justified. 4. There will be a requirement for a bus/coach loading area (on-site in the case of secondary and special schools), unless otherwise justified. 5. The disabled parking allocation must consist of marked spaces of sufficient size. 6. All cycle parking should be under cover, close to pedestrian access points to buildings and consist of "Sheffield" type stands (one stand is assumed to accommodate two cycles). Scooter parking is best accommodated using pods (if space is especially restricted, shared pods can be used to accommodate scooters and cycles). 7. The actual level of cycle parking provided, and the split between cycle/scooter parking, should be flexible depending on the travel trends identified within the School Travel Plan. However, as the School Travel Plan evolves, there should remain the scope to provide additional parking in the future. 8. For special schools, the level of cycle parking for pupils and staff will be assessed on a site-specific basis. For pupils, this will be informed by the nature of the special

6 PAPER B educational needs as it may be appropriate to provide cycle parking facilities, both for cycling to school and to store pool cycles for training purposes. 9. For secondary schools with sixth form pupils, the requirement for additional car parking will be assessed on a site-specific basis. 10. For 16+ colleges and further education colleges, the parking requirement will be identified on a site specific basis, justified with reference to the Transport Statement/Assessment and Travel Plan.

7 PAPER C PLANNING COMMITTEE DATE OF MEETING: 14 AUGUST 2013 TITLE OF REPORT: Report of: REPAIRS NOTICE SWANN INN PUBLIC HOUSE, NORTH WARNBOROUGH HEAD OF PLANNING SERVICES 1. PURPOSE OF REPORT 1.1 To ask the Planning Committee to serve, subject to Cabinet agreeing the financial aspects, a Repairs Notice to repair the Swann Inn Public House, North Warnborough, a Grade II listed building and, in the event that no works of repair are undertaken at the end of a period of 2 months to serve notice of Compulsory Acquisition. 2. OFFICER RECOMMENDATION 2.1 It is RECOMMENDED that subject to Cabinet approval that the Head of Planning Services be given delegated authority to: A. serve an Repairs Notice under Section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) to ensure the preservation of the listed building known as the Swann Inn Public House, Hook Road, North Warnborough; and B. that in the event that no action of repair is undertaken by the owner at the end of a period of two months to serve a Compulsory Acquisition Notice under Section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) with a certificate of minimum compensation. 3. BACKGROUND 3.1 The Site and Recent History 3.2 The Swann Public House is an early C19 Grade II listed building located within the North Warnborough settlement off Hook Road and recently became a building of interest to the Council following a fire in A copy of the English Heritage list entry is attached at Appendix Since the fire Officers have been working with the owners of the building to secure its protection and other outbuildings from becoming untidy and from the weather. This was finally achieved in January However, in November 2012 the scaffolding was removed, as was the protective covering, exposing the remaining timber structure. 3.5 In November 2012 Land Registry searches were completed and letters sent to the named owners explaining that it was an offence to allow a Listed Building to deliberately fall into disrepair. 3.6 Owners were informed that the Council intended to carry out surveys to ascertain the cost of protecting the building. 1

8 PAPER C 3.7 Cabinet approved to spend 58,389 on the erection of scaffolding and weather proof sheeting in order to make the building watertight. 3.8 At the same meeting Cabinet also resolved in the event that the Council had to install the scaffolding that officers were to undertake the appropriate preliminary matters to serve a repairs notice under the Planning (Listed Buildings and Conservation Areas) Act which would in itself be a step towards compulsory purchase, a further report be prepared should such a notice prove necessary. 3.9 In May 2013, on instructions from the Council scaffolding was erected along with the weather proof sheeting over the roof. The building is now protected. A charge has been place on the land so that the Council will be able to recover its costs associated with making the property weather tight Since then there have been unsuccessful attempts to contact the owners to get them to take responsibility Legal Position 3.12 Under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended, a Local Planning Authority can serve a Repairs Notice in reasonably necessary for the proper preservation of the listed building The purpose of a Repairs Notice is offer the owner of the building a prior opportunity to carry out all necessary repairs but the sanction for failure to comply with the notice is that the Council can seek to compulsory acquire the building. This notice is not just to require works necessary to prevent the building deteriorating further or falling into further disrepair, but also works of repair, and any works reasonably necessary for the proper preservation of the building as the building of special architectural or historic importance. It therefore can bring the building into a condition suitable for a beneficial use Under the current scheme of delegation officers do not have the authority to serve a Repairs Notice If after the expiry of a two month period following the service of a Repairs Notice it appears to the authority that reasonable steps are not being taken to repair the building, the Council may serve a compulsory purchase order If the Council is satisfied that the listed building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the redevelopment of the site, they may include in the compulsory purchase order a direction for minimum compensation. This means that the owner would only get compensation for the value of the building as repaired, not for any development value. 4. PLANNING CONSIDERATIONS 4.1 Officers commissioned a consulting civil and structural engineer specialising in building conservation to undertake a detailed survey of the building. He has prepared a list of repairs both generally and specifically. These are given as Appendix 3. 2

9 PAPER C 4.2 It is concluded that these are the appropriate works necessary for the proper repair of the building and reasonably necessary for the proper preservation of the building as the building of special architectural or historic importance. As such a Repairs Notice should be served. 4.3 It is also considered that in the event that no works are undertaken, at the end of two months, the Council should serve a Compulsory Purchase Notice under Section47 of the Planning (Listed Buildings and Conservation Areas) Act Since November 2012 the occupiers of the building have not responded to correspondence and the removal of the scaffolding was a deliberate act, which if it had not been corrected by the works following the urgent works notice, would have led building quickly falling into a condition which could not have been recovered from. On the assumption that there is no action following the service of a Repairs Notice, and although it is not possible to positively confirm the owner s intentions as there has been no communication, it is concluded that the removal of the scaffolding and the lack of response at the appropriate addresses the building is being allowed deliberately to fall into disrepair. Given the location of the site within Hart it is therefore likely the owners would be seeking the redevelopment of the site. It is therefore concluded that it would be appropriate for the Council to certify that compensation should be at the minimum compensation level. 5. FINANCIAL CONSIDERATIONS 5.1 There are no significant financial considerations of serving a Repairs Notice. There are appeal mechanisms but if the owner utilises these then they can be met within existing budgets. 5.2 However, in the event that the Council has to move towards compulsory acquisition there is no budget provision of this. Officers are seeking to clarify the detailed financial consideration of this for Cabinet and will set this out for that body. 6. RECOMMENDATION 6.1 It is RECOMMENDED that subject to Cabinet approval that the Head of Planning Services be given delegated authority to: A. serve an Repairs Notice under Section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) to ensure the preservation of the listed building known as the Swann Inn Public House, Hook Road, North Warnborough; and B. that in the event that no action of repair is undertaken by the owner at the end of a period of two months to serve a Compulsory Acquisition Notice under Section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) with a certificate of minimum compensation. Contact Details: Robert Jackson Development Control Manager robert.jackson@hart.gov.uk 3

10 PAPER C Swann Inn SU 75 SW ODIHAM BRIDGE ROAD North Warnborough Swan Inn 8/53 II APPENDIX 1 Early C19 front to older timber-framed structure. 2 storeys, 4 windows. Red tile roof, hipped at each end. Old square stack. Rendered walling, cambered ground-floor openings. Casements. 2 tiled and gabled framed hoods on brackets to 2 doorways. Listing NGR: SU

11 PAPER C APPENDIX 2 Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty s Stationery Officer Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 5

12 APPENDIX 3 WORKS OF REPAIR TO SWAN INN, HOOK ROAD, NORTH WARNBOROUGH REPAIRS GENERALLY Floors. Remove loose debris and remains of all floor coverings to enable re-inspection and extent of repairs to be confirmed. Dimensions and details of damaged existing joinery and skirtings to be recorded for each room prior to removal. Ceilings and stud walls Where damaged portions of lath & plaster remain, these are to be removed. Replacement to be in riven chestnut lath and lime plaster. Decorative finish to be lime wash. Where damaged finish plaster is on wattle and daub panels, specialist to advise and give specification for repairs. Masonry walls Loose and defective plaster to be hacked off back to brick/stonework. Brickwork to be replastered using traditional materials and finished with lime wash. Skirtings to be renewed in stained softwood to dimensions of existing. Joinery (including windows and doors) Renewals to be in seasoned softwood unless otherwise noted, with oak sills to windows. Sill boards to be softwood. Decoration to be primed undercoat and two finished coats of oil paint. Structural timber repairs Extent of damage due to charring by fire to be determined by cutting off of loose charring, followed by inspection by structural engineer. Where instructed, existing timbers to be cut back and green oak to dimensions of the existing spliced on using traditional jointing techniques. (e.g. Joints at ridge to be halved and pegged)

13 DESCRIPTION CONDITION REPAIRS REQUIRED EXTERNAL INSPECTION East Elevation facing Hook Road White painted rendering above a black painted projecting plinth. Cantilever porches to entrance doors. Windows and doors boarded up. Four ground floor windows, three with fake shutters. South Elevation White painted rendering above flush black dado, three ground floor windows and one first floor window. Three windows boarded up. (West part of elevation is single storey under flat roof.) West Elevation Two storey north end of elevation projects westward. Timber framed up to gable with catslide roof to southern side. Infill to panels between oak framing, 9 solid brickwork up to first floor, 4.5 stretcher brickwork above. Two doors and one window at ground floor, single boarded up window at first floor all boarded up.(flat roof northern extension on this side of the building not included in inspection. North Elevation Fracturing and peeling of renders horizontally and vertically. Porch projection to north doorway charred and tiling lost. Hood projection to south doorway less heavily charred and tiled roof severely damaged. One shutter fallen, remainder insecure. Much paint lost to oak window sills. Head to north of first floor window lost. Map pattern cracking of render and peeling of white paint work. (High level window to single storey severely damaged.) Damaged oak sill to first floor window. Oak framing weathered and upper end of south main post missing below eaves. Old mortar repair crumbling at north eaves. Purlin ends rotted back. Renew head to north bedroom window, renew window frames and sills (where noted below, under internal inspection). Renew north hood projection and tiling. Clean down south hood projection and renew tiling. Renew or repair ground floor north door if required (dependant on internal inspection) Hack off loose renders, rake out cracks and make good in lime mortar. Replace windows (if found necessary from internal inspection). Hack off loose renders, rake out cracks and make good in lime mortar. (Renew damaged window to single storey.) Replacement of doors and windows, detailed repairs to oak framing. 7

14 DESCRIPTION CONDITION REPAIRS REQUIRED Two stories, oak framing up to eaves with brickwork in-filling. Ground floor west of extension brickwork up to lower transom and 4.5 brickwork above. Adjoining flat roof running eastwards, 4.5 brickwork through two storeys. East side of extension white painted render above back painted dado up to first floor. Faced brickwork white painted above up to eaves. Oversill slightly appears to be 9 thick with no oak framing visible externally. Approximately 1 metre not included in inspection. (Single storey flat roof northern extension and small poorly constructed extension housing electrical equipment not described) Wall north of flat roof extension leaning outwards to north, large diagonal fracture running down from first floor levels towards west. Wall east of flat roof extension buttressed with temporary timber supports. See internal inspection of North Room. INTERNAL INSPECTION Ground floor north room Floor solid with remains of carpeting areas Severely damaged Remove all finishes North wall - east of north extension. Oak framing with plastered brickwork infill. Areas of wattle and daub infilling between oak frames. Plaster largely lost, light charring of oak posts and transoms. Bases of three posts have stone plinths. This section leaning outwards towards the north and temporarily propped. North Wall - west of projecting main post. Brickwork up to doorway to extension. Beyond, Post and softwood lining timber west of concrete blockwork laid flat up to next oak post blockwork heavily charred. Oak transom having face flush with wall. Remainder of length 9 west of this point heavily charred and and 4.5 brickwork as noted externally. Projecting fractured. Charring also to north west softwood framing east side of doorway. corner post internally. Plaster work largely already lost and remainder loose. Tie back wall at first floor level to structural engineer s design to enable temporary external propping to be removed. Take off loose and unsound plaster. Clean down surface of brick and wattle and daub and renew in lime plaster. Clean down faces of oak posts and transoms. Take off plaster and renew in lime plaster. Remove softwood lining and clean off charring to oak posts at western end. Engineer to inspect for soundness. Transom between two western posts to be cut back and refaced in green oak. 8

15 DESCRIPTION CONDITION REPAIRS REQUIRED East wall. Plastered masonry with central two light casement window. Oak lintel above carrying first floor joists. Plaster unsound and smoke damaged. Window frame damaged beyond repair. Oak lintel blackened by smoke. Clean surface of oak lintel. South wall. Description from east to west:- Opening to middle bar area, inglenook fireplace with oak bressumer over, doorway to bar area, plastered brickwork panel set back, painted and plastered brick panel, backed by wattle and daub, further panel of 9 brickwork up to kitchen door. West of kitchen door, stretcher brickwork with horizontal oak transoms at approximately 900mm and 1800mm above floor up to west wall. West wall. Brickwork up to underside of oak bearer supporting first floor joists, surface plastered, one two light casement window and wide door opening to garden. Plaster work generally lost or unsound, doors and frames lost or damaged beyond repair. Casement window, external door and frame beyond repair. Plasterwork lost or unsound. Heavy charring to oak timber above door head, light charring to window head. Hack off plaster and renew in lime plaster. Renew window frame to existing pattern. Strip off remaining plasterwork and renew thin line plaster. Clean down surfaces of faced brickwork to inglenook. Clean face of bressumer beam over inglenook. Remove softwood framing attached to wall. Clean surfaces ofremaining oak. Renew two doors and frames. Take off all plaster and replace in lime plaster. Renew casement window to same pattern. Renew external door and frame. Clean off charring to window head, cut back charring to door head and engineer to advise if further repairs necessary. Ceiling - east area up to projecting northern post. Oak ceiling joists spanning east west. Fibreboard infilling between joists on softwood battens. Downstand beam between projecting north post and side of inglenook. Fibreboard, battens and flooring severely damaged by smoke and water. Ceiling joists blackened by smoke. Currently supported on Acrow props. Light to medium charring. Renew floor boarding, lining and battens between joists and clean off smoke blackening to joists. Clean off charring and get engineer s opinion for repair required. 9

16 DESCRIPTION CONDITION REPAIRS REQUIRED Between downstand beam and next downstand beam west. All joists in oak spanning north south immediately west of downstand beam joists interrupted by trimmer approximately 0.8, long and spacings varied. Fibreboard on battens between joists. Joist spans again interrupted by trimmers beside next down span beam west, approximately 1.0m long Charring of trimmer by east downstand beam, smoke black/light charring to five joist spans, two trimmers and joists adjoining downstand beam, heavily charred. Extent of damage to softwood floorboards above, one large hole adjoining west down span beam. West portion of ceiling joist span east to west with plaster ceiling on riven oak laths. Separate softwood joists alongside oak support floor of movement above. West kitchen. This room generally is lined out in modern materials with ceramic tiling to walls; plasterboard ceilings. Part of the room situated under the catslide roof of the historic structure.. (The north area of the kitchen under the flat roof is not included in this survey.) Middle bar area. Solid floor, north-south down stand beam over bar counter. Ceiling joists span east-west. Oak post and partition on south side adjoining glazed lobby to entrance door. South bar area. Solid floor, north-south downstand beam over bar counter. Ceiling joists span east-west Oak post and partition on south side adjoining lobby to entrance door. Two two light casement windows, two single light casement windows to south end, one visible, one concealed behind dartboard. Flat roofed gent s toilet area, not included in survey. Lobby between north room and middle bar area. Small space with modern fitted cupboard Ceiling entirely lost. Three oak joists heavily charred. Floor boarding charred and holed. Softwood joists to flooring heavily charred. Smoke blackening is general and plaster board ceilings damaged beyond repair. The downstand beam which runs east- west supports the cat slide roof and has been the subject to some charring. The historic fabric to the north wall visible above ceiling is oak framing infilled with stretcher brickwork. Heavily smoke blackened throughout, entrance door damaged, two light casement window smoke damaged.. Heavily smoke blackened throughout, entrance door damaged, two light casement window smoke damaged. Smoke blackening, ceilings severely damaged by fire and water. 10 Clean off charring and get engineer s opinion for repair required. Renew three oak joists in green oak and reconstruct support and flooring above. Renew plasterwork under joists. Open up east-west support beam to investigate. Advice from engineer required. Repairs and thorough cleaning required to all surfaces. Entrance door and casement possibly repairable and re-glazing required. Thorough cleaning required to all surfaces. Entrance door and casement possibly repairable, re-glazing required. Clean down, replaster, redecorate walls and ceilings.

17 DESCRIPTION CONDITION REPAIRS REQUIRED and shelves, switches for bar area lighting. Staircase lobby adjoining kitchen. Dog leg staircase to first floor rooms. Burglar alarm fitted to wall. Sloping ceiling to underside of cat slide roof. Loss of ceiling plaster and timbers to cat slide roof burnt through. Plaster on walls blackened and unsound. Kitchen door and frame damaged beyond repair. Renew entire cat slide roof construction in this area. Renew ceiling plasterwork in lime plaster. Hack off wall plaster and renew. Repair and redecorate staircase balustrade. North East Bedroom 1 Floor. Ply over older floor boarding Partially burnt through and charred. Take up all flooring and renew. North wall. 9 brickwork battened out for lining up to oak plate at eaves. Softwood skirtings. All lining lost and battens charred. Renew dry lining up to eaves using 50 x 15 softwood battens, plasterboard and skim. East wall. Plastered brickwork with softwood skirting. Central two light casement window. Wall plate at eaves, exposed. Jowl posts at corners. South wall. East side opening to covered area containing framing within, brick wall westward up to landing partition with hook transom and iron Victorian fireplace and surround, plastered finish. Door head continues as wall plate to south facing main roof. West wall. Original oak framing with wattle and daub infilling up to truss tie and in panel above up to collar. Ceiling/roof. Skillings to south east and north with purlins at flat ceiling level. Principal frame on west partition line. Skillings and flat ceiling in lime plaster on rivon oak laths. (It is clear from my Plasterwork unsound or lost, particularly above wall plate level. Wall plate heavily charred, casement window beyond repair. Plasterwork lost or unsound. Door post to cupboard and exposed portion of wall plate above heavily charred. Areas of wattle and daub lost above and below truss tie. Top edge of upper panel has settled away from underside of collar and rafters. Surface of daub infill damaged by heat and water. Oak timbers quite heavily charred up to and including tie. Ceilings entirely lost and all oak timbers in this area charred. This is moderate up to underside of purlins but severe above. All roof coverings have been lost. 11 with softwood skirting. Renew casement window, hack off charring to wall plate and obtain engineer s inspection. Also, jowl post at three corners. Renew plasterwork in lime plaster and softwood soffit inside frame. Replace heavily charred portion of wall plate and renew door post and cupboard front joinery. Strip and replace plasterwork in lime plaster. Repair and refix iron fireplace. Clean off charring to timbers and obtain engineer s inspection. Specialist repairs required to wattle and daub. (I note that some attempt has been started to weave hazel wattles into damaged areas) Wattle and daub to be repaired using hazel and clay, lime and straw to match existing by a specialist contractor. Surface of panels to be finished in lime wash. It is likely that substantial number of timbers above purlin level will require replacement. Where there is doubt, charring needs to be cut back to sound timber and an engineer s

18 DESCRIPTION CONDITION REPAIRS REQUIRED inspection that all oak framing above wall plate is original. This is shown by the halved junctions at ridge and the arcade braces in the western end of the room still in place.) East cupboard recess adjoining chimney. Floor. Concealed by fallen debris. North wall. Oak door head as previously described, softwood door post and infill panel and softwood door and frame. East wall. Plastered brickwork up to oak wall plate. South wall. Wattle and daub panels with four vertical oak studs. West wall (side of chimney). Plastered and painted up to ceiling level. Timber adjoining chimney brickwork Ceiling. Oak supporting timbers fallen, apparently lath and plaster. Corridor south of bathroom. North wall. Oak studs, sole plate and ceiling lining with wattle and daub panel on north face supporting bathroom tiling. South wall. Step down to staircase landing, two or three oak posts exposed. Ledged softwood door set into oak frame. Infill between oak posts is brickwork plastered and papered covering one of the posts. Ceiling. Small south skilling, light purlin attached to rafters and oak rafters running north south. Fallen oak timbers, straw, broken tiles and other debris. Holed by fire Door, frame and infill panel lost/heavily charred. Door head in oak, fractured as previously described. Plasterwork unsound. Moderate charring to wall plate. Parts of wattle and daub damaged by heat and smoke. Part missing. Medium to heavy charring of studs. Wall papers lost. Largely concealed by fallen debris. Damaged beyond repair Moderate charring to studs, damaged surface to paper and wattle and daub to panels. Some wattle and daub lost. Medium charring to exposed oak. Ledged door damaged beyond repair. Water and smoke damaged and paper peeling. Spalling to skilling plaster, ceiling joists heavily charred, lath and plaster ceiling 12 inspection made. Specialist oak frame repairer will be needed to carry out replacement work. Riven laths and lime plaster required to ceilings and skillings. Following removal of all debris, make further inspection. Entire renewal likely to be required. Renew softwood joinery to pattern of existing Hack off and renew plaster. Remove charring from wall plate. Specialist cleaning to wattle and daub panels and refinishing in lime wash after making good. At junction with east wall, rake out loose daub material and renew. Clean down, make good and decorate plasterwork. Renew ceiling timbers, lath and plaster. Clean off charring to posts and plates. Specialist repairs to wattle and daub panels. Specialist repairs to plaster work and decorate. Renew lath and plaster to flat ceiling and skillings above and below light rafter. Clean

19 DESCRIPTION CONDITION REPAIRS REQUIRED Riven lath and plaster. severely damaged. Above light purlin lath and plaster almost entirely lost. First floor landing west of chimney North wall. Oak doorframe to entry to corridor, plasterwork up to face of chimney. East wall. Plaster papered on to chimney brickwork. Softwood skirting South west wall. Wattle and daub on oak framing, timber skirting, wall paper. Ceiling. Deep skillings to west side, flat area of ceiling sloping westwards. Bathroom. Floor. Ply over older floor boarding. North wall. Plastered and wall papered with softwood skirting and oak wall plate above. Two light casement window with timber lintel above. East wall. Wattle and daub as previously described with signs of attempted commencement of repair. South wall. (Adjoins corridor to south). Tiling on oak studwork adjoining bath up to ceiling lining. Water cylinder covered, framed in softwood. Oak doorframe and ledged softwood door with Suffolk latch. Behind tiling, wattle and daub on north face of corridor studs. West wall. Tiled with pipe enclosure at low level and to back of basin. Exposed oak diagonal brace and truss tie. Wattle and daub infilling above and Door frame heavily charred, door missing as previously described. Plasterwork damaged by smoke and water. Heavily smoke and water damaged. Crack diagonally at low level facing head of stairs. Top of diagonal panel detached at high level and leaning westwards. Heavily damaged by water. Gap open between southern end and corridor door frame. Heavily water damaged to plasterboard and lath and plaster construction. Partially burnt through and charred. Largely obscured by rubble including debris from roof. Smoke damaged and peeling paper due to smoke and water. Peeling paper and smoke damage on this side. Smoke blackened to tiling and heavily charred above up to underside of purlin. Hardwood on softwood enclosure to cylinder cupboard burnt through and tiling detached. Sawn softwood laths above corridor ceiling level burnt through. Smoke and water damage up to tie level. Plasterwork lost and damaged above. Smoke blackening to timbers. Heavy 13 charring off light rafter and resecure at western end. Clean back door frame, renew door in softwood ledged construction. Hack off and renew plasterwork. Hack off, renew plaster and redecorate. Renew skirtings. Restore to vertical and rescure to head. Specialist repairs to wattle and daub. Take down and renew in lath and plaster. Take up all floor boarding and renew in softwood. Clean down and redecorate. Repairs as previously described, repaper and decorate. Take down softwood studwork above bath and renew/replaster. Reconstruct cylinder cupboard completely. Plaster and decorate. Clean down smoke damage low level, replaster with wattle and daub surfaces up to ceiling. Specialist to make good top of wattle

20 DESCRIPTION CONDITION REPAIRS REQUIRED below truss tie up to collar at level. charring to truss tie within water cylinder cupboard area. Substantial settlement of wattle and daub panel away from rafters and collar. Skilling and roof. Skilling ceiling to north side flat ceiling up to corridor partition. All original oak construction flat and skilling ceilings plastered on to riven laths. Original.arcade braces still in place on north slope and south slope in corridor. North west bedroom 2. Floor. Boarded and carpeted. Walls. Papered and painted. Softwood skirting, wall plates exposed at eaves level. Ceiling and roof. Original framing as for bathroom with all four arcade braces in place. Purlins and original oak rafters. Skilling ceilings and flat ceiling at collar level and plaster work on riven oak lathes. Middle east bedroom 3. Floor, walls, ceiling. Timber floor plastered paper walls, plasterboard ceiling on softwood joists. East wall two light casement window. Flat ceiling entirely lost, north skilling partially lost and remains unsound. South skilling above corridor largely lost, collars partially charred and likely to be unsound. Charring to principal frames, moderate up to purlin level, more severe above. Roof coverings entirely lost. Damage from below as previously described. Hole exists on the north side where it is burnt through from below. Water damage to east side wattle and daub panel and on south wall. Door post burnt through at entrance from corridor. Flat ceiling entirely lost, skilling ceilings unsound, rafters smoke blackened and slightly charred but structurally sound. North wall fracture between brickwork and junction between wattle and daub and chimney. Casement window damaged. Ceiling entirely lost. 14 and daub panel and secure to underside of collar and rafters. Cut off remaining lath and plaster. Remove charring to timbers. Inspection by engineer required to specify repairs. Renewal of floor and supporting joists required Replace lost plasterwork on wattle and daub panel up to collar. Patch between wattle and daub and timbers to restore stability. Repair hole in south corridor wall ( 4.5 brickwork) and replaster. Dispose modern wardrobes and replaster to wattle and daub behind. Renew missing collars, strip and replaster all skillings and flat ceilings with lath and lime plaster. Renew opening casements, repair fractured brickwork. Smoke damaged finishes renewed ceiling. Specialist repairs to wattle and daub at junction with chimney Roof above bedroom 3. Old oak rafters and mid slope purlins running Slight charring at top end of rafters at Repairs to rafters adjoining chimney. Strip

21 DESCRIPTION CONDITION REPAIRS REQUIRED north to south. At north west over corridor, one weathered diagonal brace. Principal frames 1 metre south of chimney and over partition separating bedroom 4. northern end by chimney. Many tiles lost and holes in tilers felt. and retile roof. Corridor adjoining bedroom 3. Floor, walls, ceiling. Timber floor, plastered studwork walls both sides, door frame plus no door at mid-length, small skilling to ceiling west side. East bedroom 4. Carpeted floor, plaster and paper to walls, skilling and ceiling. South bedroom 5. Carpeted floor, plastered walls, skilling ceilings to three sides. Double casement window to east wall and single casement to south wall. Roofing above bedrooms4 and 5 Original oak framing with clay pegged tiles and felt. Previous half hip at south end of bedroom4 indicates bedroom 5 and bar area below was an extension still in oak construction. Full hip tp south end of building End of Schedule Severe smoke blackening but plasterwork sound. Plasterboard lost bottom and side of tiebeam casing ceiling plasterboard partially damaged, casements to east window damaged. Smoke and water damage to all surfaces. Fireplace surround disturbed. Damaged sills and surrounds to casement windows. Two east opening casements to windows lost. Area disrupted by firefighters Clean and redecorate. Renew plasterboard casing to cross beam. Take down and renew ceiling and skilling. Renew two casements to window. Generally clean down and redecorate. Clean down and redecorate throughout. Renew casements to east facing windows and refix surrounds, renew sill to south casement window and refix architraves. Refix fireplace surround. Strip and retile 15

22 HEAD OF PLANNING SERVICES REPORT TO THE PLANNING COMMITTEE OF 14th August INTRODUCTION This agenda considers planning applications submitted to the Council, as the Local Planning Authority, for determination. 2. STATUS OF OFFICER'S RECOMMENDATIONS AND COMMITTEE'S DECISIONS All information, advice, and recommendations contained in this agenda are understood to be correct at the time of preparation, which is more than two weeks in advance of the Committee meeting. Because of the time constraints, some reports may have been prepared in advance of the final date for consultee responses or neighbour comment. Where a recommendation is either altered or substantially amended between preparing the report and the Committee meeting or where additional information has been received, a separate Planning Addendum paper will be circulated at the meeting to assist Councillors. This paper will be available to members of the public. The Planning Addendum report will also set out a report of the Viewing Panel visit (see below). A decision is made only when the Members of the Committee have formally considered and determined each application and the decision notice issued. 3. THE DEBATE AT THE MEETING The Chairman of the Committee will introduce the item to be discussed. A Planning Officer will then give a short presentation and, if applicable, public speaking will take place (see below). The Committee will then debate the application with the starting point being the officer recommendation. A flow chart showing the procedure is given at the end of this paper. 4. SITE VISITS A Panel of Members visits some sites on the day before the Committee meeting. This can be useful to assess the effect of the proposal on matters that are not clear from the plans or from the report. The Panel does not discuss the application or receive representations although applicants and Town/Parish Councils are advised of the arrangements. These are not public meetings. A summary of what was viewed is given on the Planning Addendum. 5. PLANNING POLICY All planning applications must be determined in accordance with the development plan, unless material considerations indicate otherwise (Section 38(6) of the Town and Compulsory Purchase Act 2004). If the development plan contains material policies or proposals and there are no other material considerations, the application should be determined in accordance with the development plan. Where there are other material considerations, the development plan will be the starting point, and other material considerations will also be taken into account. One such consideration will be whether the plan policies are relevant and up to date. The relevant development plans are the saved policies in the South East Plan, the Hart District Local Plan including first alterations, the Hampshire, Portsmouth, Southampton, New Forest National Park Minerals and Waste Core Strategy, and the saved policies of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan. With the passing of the Localism Act, 2011 Parliament has expressed its intention to revoke the South East Plan and consequently weight can be given to this intention, but until it is formally revoked it remains part of the development plan. 1

23 Although not necessarily specifically referred to in the Committee report, the relevant development plan will have been used as a background document and the relevant policies taken into account in the preparation of the report on each item. Significant departures must be notified to the Secretary of State who will decide if it is necessary to intervene. The Council should not however, refuse planning permission for a development that accords with the development plan. Where a development represents a departure from the development plan and it is proposed to recommend that planning permission be granted, the application will be advertised as a departure and this will be highlighted in the Committee report. If the Planning Committee is then minded to grant planning permission under the Council s Constitution the Planning Committee has to refer the application to Full Council for determination. 6. LOCAL FINANCE CONSIDERATIONS Under changes introduced by the Localism Act 2011, in dealing with planning applications the Council is required to have regard to local finance considerations as far as they are material. These are defined as being any grant or other financial assistance provided by Central Government or any sum received through the Community Infrastructure Levy. It is specifically stated that this is not to alter the weight to be given to any consideration. 7. OTHER MATERIAL CONSIDERATIONS Material considerations must be genuine planning considerations, i.e. they must be related to the development and use of land in the public interest. They must also fairly and reasonably relate to the application concerned. The Courts are the arbiters of what constitutes a material consideration. All the fundamental factors involved in land-use planning are included, such as the number, size, layout, siting, design, and external appearance of buildings and the proposed means of access, together with landscaping, impact on the neighbourhood, and the availability of infrastructure. Matters that should not be taken into account are: a) loss of property value b) loss of view c) land and boundary disputes d) matters covered by leases or covenants e) the impact of construction work f) property maintenance issues g) need for development (save in certain defined circumstances) h) the identity or personal characteristics of the applicant i) ownership of land or rights of way j) moral objections to development like public houses or betting shops k) change to previous scheme l) competition between firms, m) or matters that are dealt with by other legislation, such as the Building Regulations (e.g. structural safety, fire risks, means of escape in the event of fire etc). - The fact that a development may conflict with other legislation is not a reason to refuse planning permission or defer a decision. It is the applicant s responsibility to ensure compliance with all relevant legislation. 2

24 Government statements of planning policy are material considerations that must be taken into account in deciding planning applications. These statements cannot make irrelevant any matter that is a material consideration in a particular case. Nevertheless, where such statements indicate the weight that should be given to relevant considerations, decision-makers must have proper regard to them. In those cases where the development plan is not relevant, for example because there are no relevant policies, the planning application should be determined on its merits in the light of all the material considerations. 8. PLANNING CONDITIONS AND OBLIGATIONS Conditions on planning permissions can only be imposed where there is a clear land-use planning justification for doing so. Conditions should be used in a way that is clearly seen to be fair, reasonable, and practicable. One key test of whether a particular condition is necessary is if planning permission would have to be refused if the condition were not imposed. Otherwise, such a condition would need special and precise justification. Where it is not possible to include matters that are necessary for a development to proceed in a planning condition the Council can agree a planning obligation under Section 106 of the Town and Country Planning Act Planning obligations should meet the Secretary of State's policy tests. They should be: necessary to make the development acceptable in planning terms; relevant to planning; directly related to the proposed development; fairly and reasonably related in scale and kind to the proposed development; and reasonable in all other respects. It should be noted that the first, third and fourth of these tests are statutory requirements of the Community Infrastructure Levy Regulations The use of planning obligations is governed by the fundamental principle that planning permission may not be bought or sold. It is therefore not legitimate for unacceptable development to be permitted because of benefits or inducements offered by a developer, which are not necessary to make the development acceptable in planning terms. Planning obligations are only a material consideration to be taken into account when deciding whether to grant planning permission, and it is for the Council to decide what weight should be attached to a particular material consideration. 9. PLANNING APPEALS Applicants have the right of appeal to the Secretary of State if an application is refused, or granted subject to conditions, or if it has not been determined within the specified period. Appeals are administered by the Planning Inspectorate - an executive agency reporting to the Secretary of State. Appeals are considered by written representation, hearings, and public inquiries. In planning appeals, it is normally expected that both parties will pay their own costs. Costs can however, be awarded against the Council where it: (a) (b) (c) Fails to determine a planning application in good time the Council must have good planning reasons to explain and justify why it did not make a decision in time. Fails to carry out adequate prior investigation consistent with national policy and guidance. Prevents or delays development that should clearly be permitted having regard to the development plan, national policy statements and any other material considerations. It is the Councils responsibility to produce evidence to show clearly, why the development cannot be permitted. Reasons for refusal must be 3

25 complete, precise, specific relevant to the application, and supported by substantiated evidence. (d) (e) (f) Fails to show reasonable planning grounds for taking a decision contrary to officer advice Gives too much weight to neighbour objections - the Circular highlights the advice of PPS1 - the extent of local opposition is not, in itself, a reasonable ground for resisting development. To carry significant weight, opposition should be founded on valid planning reasons that are supported by substantial evidence. Relies on unsubstantiated objections where they include valid reasons for refusal but rely almost exclusively on local opposition from third parties, through representations and attendance at an inquiry or hearing, to support the decision. (g) Fails to show that it has considered the possibility of imposing relevant planning conditions to allow development to proceed. The following are examples given in Government Circular 03/09 of circumstances that may lead to an award of costs against the Council: (a) (b) (c) (d) (e) (f) (g) (h) (i) Ignoring relevant national policy for example, the advice in PPG 8 on Telecommunications concerning health risks arising from a mobile phone base station Where a proposal is contrary to the development plan but the relevant policy has been superseded by national policy which advocates an entirely different approach. An example might be ignoring national advice in paragraph 52 of PPG 13 Transport on the use of maximum parking standards for individual developments Acting contrary to, or not following, well-established case law Persisting in objections to a scheme, or part of a scheme, which has already been granted planning permission or which the Secretary of State or an Inspector has previously indicated to be acceptable. Not determining like cases in a like manner for example, imposing an additional reason for refusal on a similar scheme to one previously considered by the planning authority where circumstances have not materially changed Failing to grant a further planning permission for a scheme the subject of an extant or recently expired permission where there has been no material change in circumstances Refusing to approve reserved matters when the objections relate to issues that should already have been considered at the outline stage Imposing a condition that is not necessary, precise, enforceable, relevant to planning, relevant to the development permitted or reasonable and thereby does not comply with the advice in DOE Circular 11/95 on The Use of Conditions in Planning Permissions Requiring the appellant to enter into or complete a planning obligation which does not accord with the tests in ODPM Circular 05/2005 on Planning Obligations 4

26 (j) Not imposing conditions on a grant of planning permission where conditions could effectively have overcome the objection identified for example, in relation to highway matters. 9. THE ROLE OF THE SECRETARY OF STATE The Secretary of State has reserve powers to direct the council to refer an application to him/her for decision. This is what is meant by a 'called-in' application. In general, this power of intervention is used selectively and the Secretary of State will not interfere with the jurisdiction of local planning authorities unless it is necessary to do so. 10. PROPRIETY Members of the Planning Committee are obliged to represent the interests of the whole community in planning matters and not simply their individual Wards. When determining planning applications they must take into account planning considerations only. This can include views expressed on relevant planning matters. Local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission, unless it is founded upon valid planning reasons. 11. PRIVATE INTERESTS The planning system does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases. It can be difficult to distinguish between public and private interests, but this may be necessary on occasion. The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest. Covenants or the maintenance/protection of private property are therefore not material planning consideration. 12. OTHER LEGISLATION Non-planning legislation may place statutory requirements on planning authorities, or may set out controls that need to be taken into account (for example, environmental legislation, or water resources legislation). The Council, in exercising its functions, also must have regard to the general requirements of other legislation, in particular: The Human Rights Act 1998, which incorporated provisions of the European Convention on Human Rights (ECHR) into UK law. The general purpose of the ECHR is to protect human rights and fundamental freedoms and to maintain and promote the ideals and values of a democratic society. It sets out the basic rights of every person together with the limitations placed on these rights in order to protect the rights of others and of the wider community. The specific Articles of the ECHR relevant to planning include Article 6 (Right to a fair and public hearing), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property). All planning applications are assessed to make sure that the subsequent determination of the development proposal is compatible with the Act. If there is a potential conflict, this will be highlighted in the report on the relevant item. The Equality Act 2010 which replaced previous discrimination legislation. This puts a duty on public bodies, such as the Council, to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations in the course of developing policies and delivering services. The aim is for public bodies to consider the needs of all individuals in their day to day work, in developing policy, in delivering services, and in relation to their own employees. 5

27 The need to advance equality of opportunity involves considering the need to: o o o remove or minimise disadvantages suffered by people due to their protected characteristics; meet the needs of people with protected characteristics; and encourage people with protected characteristics to participate in public life or in other activities where their participation is low 13. PUBLIC SPEAKING The Council has a public speaking scheme, which allows a representative of the relevant Parish Council, objectors and applicants to address the Planning Committee. Full details of the scheme are on the Council s website and are sent to all applicants and objectors where the scheme applies. Speaking is only available to those who have made representations within the relevant period or the applicant. It is not possible to arrange to speak to the Committee at the Committee meeting itself. Speakers are limited to a total of three minutes each per item for the Parish Council, those speaking against the application and for the applicant /agent. Speakers are not permitted to ask questions of others or to join in the debate, although the Committee may ask questions of the speaker to clarify representations made or facts after they have spoken. For probity reasons associated with advance disclosure of information under the Access to Information Act, nobody will be allowed to circulate, show or display further material at, or just before, the Committee meeting. 14. LATE REPRESENTATIONS To make sure that all documentation is placed in the public domain and to ensure that the Planning Committee, applicants, objectors, and any other party has had a proper opportunity to consider further or new representations no new additional information will be allowed to be submitted less than 24 hours before the Committee meeting, except where to correct an error of fact in the report. 15. INSPECTION OF DRAWINGS All drawings are available for inspection on the internet at and at the Planning Development Reception area during our normal office hours. 16. FINANCIAL IMPLICATIONS There are no direct financial implications arising from this report. However, in the event of an appeal, further resources will be put towards defending the Council s decision. Rarely and in certain circumstances, decisions on planning applications may result in the Council facing an application for costs arising from a planning appeal. Officers will aim to alert Members where this may be likely and provide appropriate advice in such circumstances. 6

28 Daryl Phillips Head of Planning Services. Background Papers the individual planning application file (reference quoted in each case) policies and saved policies in the South East Plan, the Hart District Local Plan (Replacement) including first alterations, the Hampshire, Portsmouth, Southampton, New Forest National Park Minerals and Waste Core Strategy the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan Government advice and guidance contained in circulars, planning policy statements and guidance notes and ministerial statements any other document specifically referred to in the report. 7

29 Planning Committee Procedure Officer Presentation Parish, Objector and Applicant Speaking followed by questions of fact or clarification Main Issues Highlighted and Questions of fact or clarification of Officer MOTION PUT (Normally in line with Recommendation) DEBATE (Including any amendments) Ward Member opportunity for right of reply Final Officer Comment VOTE If vote lost 8

30 Annex A to Planning Committee reports Contributions towards Community Infrastructure and Mitigation to the effects of Residential Development on European Sites Introduction In considering any development proposal it is necessary to consider is whether it will have a planning impact. This may be an impact on policy, on the environment, amenity or the physical capacity of the infrastructure to accommodate the development, with the Council not seeking to rectify any deficiencies. Section 106 of the Town and Country Planning Act, 1990 (as amended) allows for the completion of a legal deed, a planning obligation, to a) Restrict the development or use of the land in any specified way; b) Require specified operations or activities to be carried out in, on, under or over the land; c) Require the land to be used in any specified way; or d) Require a sum or sums to be paid to the authority on a specified date or dates or periodically. This will have the effect of mitigating the effect of development to allow it to take place. The Council s Community Infrastructure Policy was agreed at Cabinet in December 2010 and sets out the Council s overall approach towards the collection of contributions towards transport, education, leisure and open space, and the Thames Basins Heath SPA. It stipulates that planning obligations would only be sought: a) On case by case basis, and b) Taking into account development viability, c) Where they meet the three policy test as set out in the National Planning Policy Frameworks (NPPF) as well as the CIL Regulations, and d) Where there are agreed projects that meet the criteria set out in the advice note issued by the Planning Inspectorate, and e) Where an agreed programme exists to implement the infrastructure. The Council s Cabinet subsequently updated the list of projects at its meeting held on 1 November Reference should also be made to the preface to the Committee report paper which sets out information on Government Policy. This Annex sets out the Council s policy position in respect of contributions and should be read in conjunction with the individual reports which will set out the justification for the contribution sought in each individual case. Thames Basin Heaths Special Protection Area Saved local plan policies CON1 and CON2 relate to the Thames Basin Special Protection Area (SPA) and state that development which would adversely affect the nature conservation value of a site will only be permitted if it can be subject to conditions that will prevent damaging impacts on wildlife habitats or other natural features of importance on the site or if other material factors are sufficient to override the nature conservation interest. South East Plan policy NRM6 requires adequate measures to avoid or mitigate any potential adverse effects on the Thames Basin Special Protection Area (SPA). 9

31 The SPA is a network of heathland sites which are designated for their ability to provide a habitat for the internationally important bird species of woodlark, nightjar and Dartford warbler. The area is designated as a result of the Birds Directive and the European Habitats Directive and protected in the UK under the provisions set out in the Habitats Regulations. These bird species are particularly subject to disturbance from walkers, dog walkers and cat predation because they nest on or near the ground. Natural England has indicated that it believes that within 5km of the SPA additional residential development in combination will have a significant effect on the SPA. Thus without mitigation any proposal is contrary to the Conservation of Habitats and Species Regulations In April 2008 the Thames Basin Heaths Joint Strategic Partnership agreed a Thames Basin Heaths Delivery Framework to enable the delivery of housing in the vicinity of the SPA without that development having a significant effect on the SPA as a whole. The delivery framework is based on avoidance measures and the policy indicates that these measures can take the form of areas of open space known as Suitable Alternative Natural Greenspace (SANG). The policy also states that local authorities will collect developer contributions towards mitigation measures including the provision of SANGs land and joint contributions to the funding of Strategic Access Management and Monitoring (SAMM) the effects of mitigation measures across the SPA. The Council has adopted an revised Interim Avoidance Strategy for the SPA whereby, subject to the completion of a relevant legal agreement to provide in perpetuity funding towards, depending on location the Hitches Lane or Hawley Meadows SANG, together with a payment towards SAMM, it would be possible to conclude that the development will have no likely significant impact on the SPA. The sums the Council considers appropriate to mitigate the impacts of the development and how they are calculated, are set out in the policy. In terms of the tests set out in the NPPF, a planning obligation is necessary to make the development acceptable in planning terms by mitigating against the impact of an increase in population within 5km of the SPA. The size of contribution sought relates to the population that will be likely to occupy the development. The direct link between the contribution and the development is set out above. Through the completion of a planning obligation it would be possible to conclude that the development will not have an adverse effect on the SPA and therefore complies with saved policies CON1 and CON2, South East Plan policy NRM6 and the CIL Regulations. Transport Saved Local Plan policies T14 and T16 seek to ensure that development is served effectively by public transport, cycling or walking and that improvements made necessary by development are to be funded by that development. This relates not only to physical improvements required to permit development to take place (such as sight lines at an entrance to a site), but also to the wider network, seeking to allow development provided that it could be effectively served by public transport, cycling and walking. The Hampshire Local Transport Plan (LTP) relates to the years and makes reference to the North Hampshire Transport Strategy (NHTS) which covers the areas administered by Hart District Council, Rushmoor and Basingstoke and Deane Borough Councils and that part of the area of Test Valley Borough Council north of the A303. Within the Fleet/Church Crookham/Elvetham Heath area the County Council has also adopted the Fleet Town Access Plan (FTAP) as a sub-programme of NHTS. The Hampshire wide Local Transport Plan identifies a number of key themes: 10

32 a) Supporting the economy through resilient highways; b) Management of traffic; c) The role of public transport; d) Quality of life and place; e) Transport and growth areas Additional development brings with it additional multi-modal transport impacts. This is additional cars, cycles and use of public transport which has an incremental impact on the transport infrastructure. In line therefore with saved policy T14 it is incumbent on developers to show how they intend the development to be served by public transport, cycling and walking. The provision of a contribution towards either NTHS or FTAP would provide that mitigation. In terms of the policy tests in the NPPF a contribution will mitigate the effects of the development on the local transport infrastructure. The scale and kind of the contribution sought relates to the increase in transport activity. The details of the direct link between the schemes the contribution will fund and the development are set out in the Committee report. Leisure As part of living in a dwelling its residents will use the local leisure infrastructure to undertake recreation. The impact on infrastructure used for recreation is clearly a material planning consideration. Some of this infrastructure is of a strategic, District-wide, nature while other is more local. At a local level the Council has determined that as a general rule the local infrastructure will be considered at the Parish level. Even where infrastructure is of a District wide nature it is clear that the further from a development itself the less likely that the residents will use that infrastructure. Utilising visitor data, the Council has set zones of influence of the individual elements where it is known that residents visit and will have an impact. In terms of the policy tests in the NPPF a contribution will mitigate the effects of the development on the leisure infrastructure. The scale and kind of the contribution sought relates to the increase in leisure activity. The details of the direct link between the projects the contribution will be spent on and the development are set out in the Committee report. Without the necessary obligation additional development would exacerbate the existing deficiency in provision for leisure facilities within the vicinity of the site through an increase in population who would have access to the facilities. The scale of the contribution has been assessed through the Council's Leisure Strategy as being appropriate to mitigate these effects. Education Hampshire County Council has advised in their policy document Developers Contributions towards Children s Services Facilities December 2011 where the availability of school places is particularly critical, contributions should be sought in relation to each individual dwelling. Hampshire County Council has confirmed that there are particular pressures on places at the primary and secondary schools in the Fleet/Church Crookham schools catchment area, and in the catchment of the Robert Mays secondary school in Odiham where any increase in population will add to the demand beyond the available capacity. Full details of the issues are set out in the Community Infrastructure Policy. In both Fleet/Church Crookham and in Odiham programmes for the provision of additional educational facilities are well advanced. The County Council considers it preferable to invest in 11

33 existing schools where achievable in building terms and where agreement can be reached with the headteacher and governors of the schools involved. Schools are ideally organised into classes of 30 pupils across the age range of the school to support curriculum delivery relevant to the pupil year group and to meet statutory class size regulations whereby no class can be larger than 30 for pupils aged 5 to 7. It is not practical, therefore, for schools to marginally increase their capacity, have larger than ideal class sizes, or create a budget deficit due to the need to employ an additional teacher for very small increases to pupil numbers. At a primary level as a result of this significant level of new housing in the Fleet area discussions have taken place with local schools regarding provision of additional places. At primary level the current plan is to provide additional places at the Tweseldown Infant and Church Crookham Junior schools, Tavistock Infant and All Saints CE(A) Junior schools, and Heatherside Infant and Junior schools. At the secondary level discussions have taken place with the headteacher of Calthorpe Park School on a planned increase in pupil numbers to reflect the need for additional places. A phased approach is being developed to reflect expected demand over the next 15 years with up to 750 additional places being provided. Additional land to the south of the school site will be required to provide the additional playing pitches required to cater for the increase in the size of school. Similarly, there have been discussions with the headteacher of Robert Mays School on a planned increase in pupil numbers to reflect the need for additional places. Additional land to the east and west of the school site is likely to be required to provide the additional playing pitches required to cater for the increase in the size of school. In terms of the policy tests in the NPPF a contribution will mitigate the effects of the development on the education infrastructure. The scale and kind of the contribution sought relates to the facilities being provided. The details of the direct link between the contribution and the development are set out above. 12

34 Item No: 101 Page: /00795/MAJOR Recommend Approval to Full Council Queen Elizabeth Barracks Sandy Lane Church Crookham Fleet Hampshire GU13 0BF Redevelopment (to include any associated demolition and site clearance) of site to deliver 100 new residential units with associated parking, access and landscaping (to replace Phase 3 of hybrid planning permission 11/00001/MAJOR, i.e. 7,500 square metres of office development) Item No: 102 Page: /00799/FUL Grant Permission Queen Elizabeth Barracks Sandy Lane Church Crookham Fleet Hampshire GU13 0BF Construction of Local Equipped Area of Play (LEAP) to serve the residents of the proposed Phase 3 residential development (which is the subject of planning application 13/00795/MAJOR) Item No: 103 Page: /00878/MAJOR Grant Permission All Saints C of E Junior School Leawood Road Fleet Hampshire GU51 5AJ Extension and refurbishment of the existing school to accommodate the school changing from a 3 form entry to a 4 form entry school. Extension consists of 3 no. single storey classroom blocks, creating 6 new classrooms. Refurbishment of existing teaching spaces to be converted into group learning and community use area. Extension of existing school hall with new kitchen servery, additional storage and plant to suit. Circulation routes amended and new external canopy required to suit new building layout. 13

35 Item No: 104 Page: /00962/OUT Grant Permission Glen Haven Dunleys Hill Odiham Hook RG29 1DU Erection of 3 no. dwellings, associated access and landscaping following demolition of existing bungalow Item No: 105 Page: /01023/HOU Grant Permission 17 Dunmow Hill Fleet Hampshire GU51 3AN Erection of part single, part two storey pitched roof rear extension and first floor extension Item No: 106 Page: /01070/FUL Approve with Pre Conditions 76 Frogmore Road Blackwater Camberley GU17 0DF Erection of a three bedroom attached house adjacent to existing property Item No: 107 Page: /01122/FUL Approve with Pre Conditions Cherrywood Cottage Reading Road North Fleet Hampshire GU51 4HT Erection of detached dwelling and garage and relocation of existing access. 14

36 Item No: 108 Page: /01132/HOU Grant Permission Hook Cottage Well Road Crondall Farnham Hampshire GU10 5PW Erection of side extension with bathroom in roof space Item No: 109 Page: /01133/LBC Grant Listed Building Consent Hook Cottage Well Road Crondall Farnham Hampshire GU10 5PW Erection of side extension with bathroom in roof space Item No: 110 Page: /01215/MAJOR Approve subject to legal agreement Lamb Hotel High Street Hartley Wintney Hook Hampshire RG27 8NW Conversion and extension of existing hotel buildings to form offices, retail unit, one 2 bedroom flat, one 4 bedroom house and two 2 bedroom houses and erection of one 3 bed house, six 2 bedroom houses and one 1 bedroom flat together with associated car and cycle parking, garaging, bin storage and landscaping. Item No: 111 Page: /01288/HOU Grant Permission 8 Connaught Road Fleet Hampshire GU51 3RA Alterations to front bay window and porch. Rear first floor extension 15

37 COMMITTEE REPORT ITEM NUMBER: 101 APPLICATION NO. LOCATION PROPOSAL APPLICANT 13/00795/MAJOR Queen Elizabeth Barracks Sandy Lane Church Crookham Fleet Hampshire GU13 0BF Redevelopment (to include any associated demolition and site clearance) of site to deliver 100 new residential units with associated parking, access and landscaping (to replace Phase 3 of hybrid planning permission 11/00001/MAJOR, i.e. 7,500 square metres of office development) Taylor Wimpey West London CONSULTATIONS EXPIRY 10 July 2013 APPLICATION EXPIRY 25 July 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION Cllr Tony Clarke Recommend Approval to Full Council Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 16

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39 BACKGROUND INFORMATION This application is reported to the Planning Committee as it represents a Departure from the Development Plan. This is a resubmission of an earlier application (12/00234/MAJOR) which was refused by the Planning Committee in May 2012 for the following reasons: 1 Loss of employment land as set out in the Local Plan. 2 Insufficient open space provision. 3 In the absence of a legal agreement, impact on the Thames Basin Heaths Special Protection Area (SPA). 4 In the absence of planning obligations, impacts on education, open space and transport infrastructure. 5 In the absence of planning obligations, did not deliver and retain affordable housing. An appeal was made against this decision, but is being held in abeyance by the Planning Inspectorate. His is an amended submission of the previous application but is now supported by more information and also changes are proposed to address the previous reasons for refusal. In particular the applicant has submitted an Employment Report in support of this application to address reasons for refusal 1, an application for an additional Locally Equipped Area of Plan (LEAP) on land to the northeast of the application site, to address reason for refusal 2 (13/00799/FUL elsewhere on this agenda). Reasons 3 to 5 can be addressed through a legal agreement. An amended Flood Risk Assessment has been received to address the consultation response of the Environment Agency and revised plans following the comments of the Crime Prevention Design Advisor were submitted during the processing of the application. SITE DESCRIPTION This application relates to an area of 2.0ha of land within the former Queen Elizabeth Barracks off Sandy Lane in Church Crookham. Under the terms of this outline planning permission this area was to have been developed with 7,500m 2 of B1 (business) floorspace. It is located towards the south-eastern end of the site closer to Naishes Lane and is immediately to the west of the Soanes Field Area. The site slopes gently up from south to north with a level difference of 3m over the approximately 150m length of the site. The area of the west and north has been granted outline permission for residential redevelopment of these areas reserved matters approved in September 2012 (12/00236/MAJOR). PROPOSAL The proposal is for the erection 100 dwellings with associated highway works. The access would be via the two access points from the spine road being constructed as part of the overall development of the site towards the northern end. Using the spine road as the western boundary 18

40 the development would provide development around the perimeter of the site and a central road to provide a grid road pattern. The housing mix proposed is shown in the following table: PRIVATE AFFORDABLE TOTAL 1-bed apartment bed coach house bed apartment bed house bed house bed house TOTAL % of the total is proposed to be affordable. Of these 26 (65%) would be for affordable rent and 14 (35%) for affordable shared equity. The form and architecture of the development would continue that granted detailed consent under Phase 1 and submitted under Phase 2. The buildings would be 2½ and 3 storeys along the northern and western perimeters of the application site and predominantly 2 storeys with some 2½ storey properties within the remainder of the site. There would be a total of 232 car spaces proposed. Of these 204 would be allocated for individual properties (including 49 as garages) and 28 unallocated. The unallocated spaces would be located principally on localised widening to the carriageways. No play areas are proposed within this phase. However, an additional LEAP is proposed to the immediate northeast of the site and there is to be located the Neighbourhood Equipped Area of Play (NEAP) for the development some 75m to the west. The application is accompanied by an Energy Report, which examined various different renewable technologies. This concludes that solar hot water, photovoltaic panels or a combination of the two would achieve 10% of the energy requirements for the site. RELEVANT PLANNING HISTORY Planning permission was granted for the redevelopment of the overall Queen Elizabeth Barracks site in November 2011 (11/00001/MAJOR) and details pursuant to Phase 2 were granted in September 2012 (12/00236/MAJOR). Hampshire County Council granted planning permission in June 2012 for the relocation of Tweseldown Infant School (12/00777/HCCRG3). An application for an additional LEAP (13/00799/FUL) is elsewhere on this agenda. CONSULTATIONS Notes: Where a consultee has made any revised comments, only the latest/last comment is included below The comments set out below are précis of the responses. The full responses can be found on the Council s website. 19

41 Church Crookham Parish Council Objects to the proposal to deliver an additional 100 residential units in Crookham Park. This proposal makes a fundamental change to the original Crookham Park plan which addressed the issues raised in the previous appeal, and offered - in terms of employment - a development that was sustainable and consistent with the existing community. This application makes a basic change to the nature of the Crookham Park development as a whole. It moves it from being a balanced sustainable development to a housing estate that ignores the broader needs of the community and Government. Sustainability is at the heart of the National Policy Framework. Greg Clark quoted "Sustainable development is about positive growth making economic, environmental and social progress for this and future generations". Major developments should not just provide houses; they should also ensure there are appropriate opportunities for employment and economic development. To be sustainable any new development should offer at least 10% employment opportunities if it is not going to make the current situation worse. The demand for more employment land is not just a Parish Council view. It aligns with one of the key conditions for the development at Crookham Park - as previously tested twice in front of an appeal inspector. A recent parish survey, with a 25% response rate, confirms that the majority of Church Crookham s population want more local employment. Whilst there is no shortage of local office space, there is a requirement for small workshops and workspaces; a view supported by the Parish survey, and the latter of which the Parish Council believes should be the focus of the development. This planning application is against policy DEV2 in the local plan which states that housing on this site should be an average density of 40 dwellings per hectare; this application is for 50 houses per hectare. The Vail Williams viability assessment provided by Taylor Wimpey did not counter the Parish Council's assertion for the need for small industrial units and reinforces that the Potters Industrial Estate development is being maintained to address a local need despite it being the poorest in Hart. The Council questions whether the new infant and modified junior schools could be expanded to accommodate the increased number of children. This additional development is likely to lead to a further shortage of senior school places. If the 100 houses were to be approved additional S106 contribution would be required to mitigate the impact on highways and leisure. Replacing the employment land with more houses will have a double impact on the already congested rush hour vehicle flow. Not only will be the outward and inward rush hour traffic be increased but the local residents will lose the opportunity to work in the area previously allocated to employment. In conclusion this application is: Contrary to the development plan: It is an over development of the site with 50 rather than 40 dwellings per hectare. The removal of the employment land would result in an unsustainable development with insufficient provision of employment opportunities. 20

42 In respect of the amended plan the Parish Council continues to object to the whole application for the additional 100 houses as per their comments submitted in May However the Parish Council has no issue with the amended plans which show the following changes: amendments to lighting, crime prevention adjustments and refuse freighter manoeuvrability increase. Crookham Village Parish Council Traffic is already a major issue in Crookham Village. Even more domestic traffic from QEB, especially with the site being within the catchment area for Calthorpe Park school, would require detailed analysis of post-qeb traffic flows through the parish and significant traffic reduction measures, potentially including alternative routes to avoid Crookham Village. The alternative of employment use would, in comparison with the proposed 100 dwellings, tend to reduce traffic outflows by promoting local employment rather than commuting, as well as avoid the extra burden on schools, health and other local infrastructure. If this application is approved, then further efforts should be made to reduce traffic problems at the Redfields Lane/A287 junction, including consideration of widening both Redfields Lane at the A287 end and the A287 to the east of the junction to provide a feed into an acceleration lane eastbound onto the A287. Completion of the cycle route from Netherhouse Moor towards Calthorpe Park School would also be required to encourage less use of cars from QEB for the school run. Fleet Town Council Objection: Negative impact on transport infrastructure. A negative impact on education. FTC support Church Crookham Parish Council on loss of employment in their objection. FTC wish to ensure that adequate social housing is provided as per the rest of the site Highways Agency No objection as the potential impact to the M3 from this proposal is likely to be less than what was previously given permission. Crondall Parish Council No comment HCC Highways No objection subject to a contribution of 73,589 towards measures directly related to the site contained in the Fleet Town Access Plan, an extension to the travel plan already secured with the section 106 Planning Obligation and conditions. The County Council s full response is given at Appendix A. HDC Highways No highway objection subject to Swept path analysis for movements described and 45 degree splay. Natural England No objection subject to the completion of a legal agreement to secure SANGs and a payment towards SAMM. 21

43 Environment Agency No objection subject to conditions. HCC Education The additional 100 dwellings at QEB will create additional pressure on primary and secondary infrastructure requiring developer contributions to be paid to mitigate this impact. Contributions of 502,443 towards Primary education and 529,328 towards Secondary education are sought. At primary level this will require the addition of teaching spaces at both Tweseldown Infant School and Church Crookham Junior School. The design of the new Tweseldown Infant School allows for the provision of additional classrooms, with Church Crookham Junior School being able to utilise additional teaching spaces in the former Tweseldown Infant School accommodation. These additional places will be required as the development is built out over time. The contributions for primary school places must be able to be spent off the QEB site as the provision of additional junior school places will be provided at Church Crookham Junior School which is not located on the QEB development. Additional secondary provision is also required with the contribution being added to those contributions being collected to expand Calthorpe Park School as part of a phased expansion programme. HCC Archaeology Archaeological fieldwork has been completed for the area of this proposed development and no further archaeological fieldwork is required. Rushmoor Borough Council No objection Oil Pipeline No objection as long as certain construction methodologies is followed. Farnborough Airport No objection providing none of the residential units penetrate any of TAG Farnborough Airports safeguarded surfaces. NATS No safeguarding objection Hampshire Constabulary Various detailed comments which were the subject of the amended plans. Thames Water No objection subject to a Grampian condition, however Thames Water indicates preliminary discussions have been held with a view to resolving this issue. Hampshire Primary Care Trust No objection subject to a contribution towards primary health provision. Southern Gas No objection HDC - Environmental Health No objection 22

44 PUBLIC REPRESENTATIONS One letter of objection raising the following main points: Insufficient infrastructure Impact on ecology Government policy has reduced pressure on need to release sites PLANNING POLICY Specific Local Plan Allocation Policy DEV2 in the Local Plan 1 specifically allocations the QEB/Wakesfords Copse for comprehensive mixed use development. In summary the Local Plan allocation is: On no more than 32 hectares of previously developed land (or an equivalent area) within the site: a) Housing, at an average density of 40 dwellings per hectare, on up to 25.4 hectares, b) Combined home/employment units or employment on approximately 2.6hectares; c) A site for a school on approximately 1.1 hectares; d) A local centre (including shops and a supermarket for local needs) on up to1.5 hectares; e) A site within the local centre for primary medical care services (with the ability to accommodate a single storey surgery building of approximately 740 square metres); and f) A community centre incorporating sports changing facilities on approximately 0.2hectares; g) Children s play areas on approximately 1.2 hectares; h) On at least 34.7 hectares of open space, woodland and previously undeveloped land (or an equivalent area) within the site: i) Open space for formal recreation on at least 7.6 hectares; j) Open space for informal recreation on at least 10.1 hectares; k) Land, comprising Sites of Importance for Nature Conservation within the site set aside and managed for nature conservation on17 hectares. The balance of the site is required to secure a means of access and to provide a rural setting on the edge of the site. The allocation in the local plan covers land both within and outside the settlement boundary of Fleet/Church Crookham. This application site is, however, entirely within the settlement boundary so this report will not look at those policies applicable outside the settlement boundary. Other material local plan policies Local Plan Policy GEN1 sets out a general set of criteria for the consideration of applications for planning permission. Policy GEN4 seeks to sustain or improve the urban design qualities of areas in detailed schemes. Policy GEN7 concerns noise sensitive development including schools and dwellings. Policy GEN9 concerns applications on potentially contaminated land. Policy GEN11 deals with flooding issues. Policy ALTGEN13 seeks to negotiate the proportion of affordable housing on a site by site basis based on an overall guideline target that 40% of new dwellings should be affordable taking into account, amongst others, the proximity of local services, any particular development costs and any other planning obligations which may be required in connection with the development of the site. There are various criteria relating to the tenure, location, mix (both in size and location within the market housing), and how the land should be provided. 1 All referenced Local Plan policies are saved policies pursuant to the Planning and Compulsory Purchase Act

45 Policies CON1 to CON8 deal with nature conservation issues. CON1 preventing development that adversely affects, inter alia, the SPA. CON2 deals with the impact on SSSIs and CON3 other sites of worth to nature conservation. Where harm is done to any nature conservation habitat under Policies CON1 to CON3 there needs to be adequate replacement under policy CON4. Policy CON5 seeks to protect habitats, which could be affected by development by the completion of legal agreements. Policy CON6 deals specifically with impacts on heathland habitats. Policy URB7 seeks to prevent the loss of an existing employment site unless it harms the character or amenities of the area or is not capable of continuing satisfactorily in employment use or there would be substantial benefits to the locality. Policy URB12 sets out the individual criteria for the consideration of applications in settlement boundaries at a more detailed level. Policy ALTGEN13 seeks to ensure affordable and special needs housing. Policy URB23 seeks to ensure the proper provision of open space within residential developments. Policy T1 seeks the provision of an integrated transport network with special provision for public transport being dealt with in policies T2 and T3. Policy T9 indicates that various roads and junctions will be improved to meet the needs of road safety in association with development. Policy T14 seeks to ensure that development is accessible by non-car modes and policy T16 seeks planning obligations for contributions to transportation initiatives where necessary and reasonably related in scale and kind. South East Plan South East Plan NRM6 has been retained and provides a mechanism to consider the impact of development on the Thames Basin Heaths Special Protection Area. National Policy Documents Other material considerations include the National Planning Policy Framework (NPPF), Circular 11/95: Use of Conditions in Planning Permission; the Community Infrastructure Levy Regulations 2010; and Circular 06/2005: Biodiversity and Geological Conservation. Other policy documents The Hart Urban Characterisation and Density Study has specifically examined the QEB area. COMMENTARY This report focuses on the reasons why planning permission was refused in May It does not seek to cover matters that were previously found acceptable. PRINCIPLE OF RESIDENTIAL DEVELOPMENT Policy DEV2 in the Local Plan 2 specifically allocations part of the QEB/Wakesfords Copse site for employment on approximately 2.6hectares. This policy however, dates from 2001 and so must be set in context with the NPPF which states at Para 14: At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking.. For decision-taking this means: approving development proposals that accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: 2 All referenced Local Plan policies are saved policies pursuant to the Planning and Compulsory Purchase Act

46 any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in this Framework indicate development should be restricted. Whilst in the NPPF it confirms that the Government is committed to securing economic growth, the NPPF nevertheless confirms at Para 22 that: Planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities. Therefore, any previous decision to require the land to be retained for employment purposes must now been seen in the current economic context. To consider the robustness of the applicant s evidence produced by Vail Williams the Council commissioned its own independent analysis of the submission by Lambert Smith Hampton (LSH). The full report can be found on the Council s website, but concludes: Having considered the Vail Williams report LSH generally agree with the conclusions reached. The recession since 2008 has had a great impact on employment space, and in this area has now resulted in an oversupply, and a reduction in demand for employment space. This has resulted in the reality being somewhat different to the estimated forecasts anticipated in the ELR back in 2009 [the Employment Land Review commissioned by the Council to provide part of the evidence base to support the Core Strategy process], in which it would have been difficult to make an allowance in the figures for the impact that resulted from the recession. In particular we set out our own key conclusions below: - i. Although the supply of office/industrial space and take up figures in the Vail Williams report differ slightly to our own the overall conclusion is that there is a substantial over supply particularly of office space and sufficient stock to satisfy demand based on recent take up for many years to come. This includes the availability of land for new office space to come forward. ii. Market conditions in the office and industrial sectors would not justify speculative development of the Queen Elizabeth Barracks site for the foreseeable future; our own development appraisals have all produced negative land value. It is inconceivable that the site would attract serious interest from developers for speculative build in the current market. iii. The market for industrial units (including small units) is less oversupplied than the office sector. Indeed there are stock shortages developing for some size bands. However we have established that those developers who have carried out speculative industrial unit schemes, which were identified in the Vail Williams report, have not achieved good letting results. The two developers who built units at Hook and Camberley (Salmon and SEGRO) still have vacant units for schemes which were completed in 2008/9. We have carefully examined the terms of the lettings in arriving at our own conclusion which is that speculative industrial development (including small units) would not currently be viable. This is demonstrated by the Vail Williams appraisals as well as in our own appraisals which adopt more optimistic rental value yield assumptions. iv. The site is not located near to main transport connections, in particular road connections. There are other known sites, which could be considered to have better accessibility and overall location when compared to Queen Elizabeth Barracks, and as such would be more appealing and possibly less of a risk for a speculative office development. 25

47 Overall, the site is poorly located to attract significant market interest, particularly the viability of a speculative office development. Given the supply of other sites, there would appear to be sufficient employment land to meet projected need in the growth scenarios, and as such the QEB site could be considered for housing development, which would achieve other Local Plan objectives and add to the Districts housing provision. For housing development the NPPF objective is to boost significantly the supply of housing encourages the effective use of land by re-using previously developed land, and applications for residential development from commercial buildings normally be approved unless there are strong economic reasons why such development would be inappropriate. The views of the independent consultants commissioned by the Council are that the site is not viable for employment uses, either office or small scale industrial units. As such in line with the NPPF there is no longer any need to retain the land for employment purposes. FIVE YEAR LAND SUPPLY The Government s position is to boost significantly the supply of housing. It requires Council s to meet their objectively assessed needs. The NPPF also requires local planning authorities to have a supply of specific deliverable sites sufficient to provide 5 years worth of housing. Following the Inspector s conclusions on the Core Strategy, there is now a planning policy vacuum in that the Council cannot show that it can meet its objectively assessed needs and neither can it demonstrate a 5 year land supply that could demonstrate that it was seeking to meet that need. The Council s current land supply position is therefore in direct conflict with NPPF requirements. Hence the NPPF Para 14 requirement is: where the development plan is absent, silent or relevant policies are out-of-date, the Council should grant permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole; In the event that the Council were to identify a 5 year land supply, it is unlikely that it will be able to demonstrate that it has sufficient land supply to meet its objectively assessed needs. However, 100 dwellings from this site would mean that the overall site would take it would take 6.23 years in total to deliver, but 10 months of this has gone. Consequently, this site would be built within the next 5 years and would therefore add greatly to the current land supply position. CONCLUSION ON LAND SUPPLY AND PRINCIPLE OF DEVELOPMENT Overall, the market evidence is that the site is not well located for use for employment development, and there is no need for this site to be retained for future employment development. The NPPF states that where the development plan is absent, silent or relevant policies are out-ofdate planning permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits when looking at the NPPF as a whole, or specific policies indicate that development should be restricted. The site is a brownfield site and is suitable for development. Its residential development would reduce the need for greenfield or other less sustainable development sites to be released. Taken together it is considered that these factors add substantially to the weight in favour of granting planning permission. 26

48 In addition the release of this site for residential development would bring additional financial contributions towards education provision in the vicinity, and for community buildings and enhancements to district wide leisure (see below) which would enhance the sustainability of development in this area. With the presumption of sustainable development set out in the NPPF it is considered that releasing the site for residential development as a departure to the development plan is acceptable and would assist in the longer term planning of the District. LAYOUT The proposed layout is to create a block of development. The overall approach has been to provide frontage development around the perimeter with internal roads creating further frontage development. This conventional layout is considered acceptable. The frontage development fronting the spine road would reflect the overall approach to development within Phase 2. There would be a block of apartments at the southern approach which would mark the entrance to the area; this would reflect a similar block on the east of the spine road and would create a sense of place and entrance for the development. In terms of the relationships between the individual properties it is considered that there is sufficient separation between the properties and the layout has utilised various devices, particularly the position of garages, to minimise overlooking between properties. The amended layout has reflected comments from the Police Architectural advisor to ensure that the car parking areas are overlooked and thus secure and appropriate lighting is included. The heights of the buildings are consistent with the development elsewhere on the QEB site. In simplistic terms the buildings fronting the spine road would be 2½ and 3 storeys, those fronting the northern road 2 and 3 storeys, and those within the layout and fronting the woodland to the east predominantly 2 storeys with some 2½ storey feature buildings. All of these are considered to be appropriate and in line with the overall aesthetic of the development. The proposal involves a reasonable proportion (41%) of one and two-bedroom properties and of these 29 are in apartments. This is in line with policy CS5 the Local Plan: Core Strategy. The context of the site, such as it is, will be defined by the development in Phase 2 and this is similar in character. There are no particular on-site constraints, such as trees, It is therefore considered that the quantum of development is acceptable. The amount of parking proposed follows the overall strategy of the main QEB development which was considered appropriate. The applicant s approach, therefore, has to been to provide both allocated and unallocated spaces. As well as within parking courts unallocated space is provided along the residential access roads particularly in the form of parallel and echelon spaces. The rule of thumb in the interim standard that parking should be within 15m of the entrance to a dwelling has generally been followed. This ensures that parking is convenient to the dwellings they are to serve, thereby not acting as a disincentive for those undertaking deliveries, i.e. from the shopping trip, to parking closer to the dwellings on the kerb. Parking spaces have been located principally within or adjacent to the curtilages of the dwellings they are to serve. There are a small number of parking courts adjacent to the three flatted blocks within the layout; as noted above these are well overlooked. 27

49 The Highway Authority has made a number of comments in respect of the layout officers have raised concerns about the proximity of some of the parking spaces to the properties that they are to serve. Amended plans have been submitted to deal with these issues. None of these are considered to be substantial. Gardens or amenity spaces are considered to be appropriate to the sizes of the properties. PLAY AREAS Local Plan policy URB23 indicates that for developments of over 20 dwellings open space should be provided in line with the plan. The specific complaint in the earlier application was that the proposal then did not increase the provision. In response to this, the applicant has proposed an additional Locally Equipped Area of Play (LEAP) adjacent to the north of the site and this is the subject to application 13/00799/FUL elsewhere on this agenda. Although not technically on site as stated above it is immediately adjacent and would clearly serve this development. A LEAP has a catchment of a 5 minute walk. This covers not only the whole of this application site, but also into the permitted areas of the QEB site and parts of the existing Quetta Park development. A development of 100 houses would not normally, in its own right, require an additional LEAP, so this proposal over-provides the requirements of this site and would be of wider benefit to the community. It is therefore considered, that subject to the LEAP being provided, which can be secured by Planning Obligation, this overcomes reason for refusal 2 from 2012 and the proposal complies with Local Plan policy URB23. The Planning Obligation should make provision to transfer the LEAP to the Parish Council and to provide a commuted sum for its on-going maintenance. AFFORDABLE HOUSING Local Plan policy ALTGEN13 seeks to achieve affordable housing to meet the identified need in the District at a target rate of 40% for sites of this size subject to any particular development costs and any other planning obligations which may be required in connection with the development. The applicant has offered to provide 40% affordable housing based of a split on a 65/35 rental/intermediate basis. This accords with both Local Plan and Council policy objectives. HIGHWAYS AND TRANSPORT The response from the Local Highway Authority is set out at Appendix A. As can be seen from that when compared with the consent employment use there would be a small net decrease in traffic generation in peak hours when compared with the consented situation. However, there would be increases in traffic generation in both the a.m. peak out flow and p.m. peak in flow. Because dwellings tend to spread out their movements more throughout the day when compared with employment uses (and of course in the evenings and weekends), there would be a small increase in the overall number of vehicle movements. As the response from the Local Highway Authority makes clear this would not affect the capacity of the junctions to deal with the traffic or the overall access strategy. 28

50 INFRASTRUCTURE Transport To mitigate the impacts of this development a contribution of 73,589 towards measures within the Fleet Town Access Plan (FTAP), improved bus services and other measures on the local transport network not currently identified in FTAP is sought. This will ensure that the development mitigates its effect on the transport network and comply with the relevant policies of the Local Plan. Leisure At a District level the site lies in an area where visitor data indicates that future occupants would be likely to visit Fleet Pond and the Hitches Lane Country Park. As such a contribution of 119,992 should be sought to mitigate the effects of the development on strategic leisure provision. Within Church Crookham Parish there are identified leisure projects which will mitigate the impact of the future occupiers of the development on existing leisure facilities, particularly within the overall Crookham Park estate. Consequently a contribution of 57,288 towards on-going site maintenance, 126,146 towards the maintenance improvement and extension of existing community facilities and/or the provision of new community facilities and a contribution of 11,468 to a new skate park which is otherwise being provided by the Parish Council, would be appropriate to mitigate the impacts of the development and a contribution towards the on-going maintenance of the new LEAP this final figure is still be negotiated with between the Parish Council and the applicant. Education The site lies within the catchment for the Fleet/Church Crookham Schools. Due to the current shortage of school places in this catchment it is appropriate to seek a contribution of 502,443 towards primary and 529,328 towards secondary education facilities. Thames Basin Heaths Special Protection Area At the Planning Committee in May 2012 when the previous application was refused the Committee adopted an Appropriate Assessment to the effect that provided that a legal obligation was completed to secure further parts of the SANG in perpetuity there was In sufficient capacity within the SANG to provide mitigation for the impacts of this development on the SPA. In addition the applicant is proposing a contribution of 70,666 towards SAMM in line with the overall strategy. This has not changed and consequently it is possible to conclude in line with Regulation 61(5) that the proposal as a package will not have a detrimental impact on the SPA which means that, from this point of view, there is no objection in principle to planning permission being granted. The proposal therefore complies with local plan policies CON1, CON2, CON4 and CON5. OTHER MATTERS Farnborough Airport The public safety zone (PSZ) for Farnborough Airport was confirmed by the Department of Transport in January The PSZ marginally infringes upon the Soanes Copse SINC to the northeast corner of the application site; none of the application site is affected. The development therefore complies with the requirements of PSZ policy, as set out in DfT Circular 1/2010 (Control of Development in Airport Safety Zones). 29

51 Noise The NPPF indicates that the effect of noise of and from development should be taken into account in the decision making process and policy GEN7 indicates that noise sensitive uses, including dwellings and schools, will only be permitted where adequate measures are taken for noise amelioration. The Environmental Statement specifically looks at noise, with potential sources being Farnborough Airport and road noise. The recent appeal decision relating to Farnborough Airport, although increasing the number of flights did not affect the annual noise budget and both the existing 55dB (A) and 60dB (A) L eq contours remain largely unaffected. The site is not in a location which is adversely affected by existing road noise and no further measures are necessary. Flood Risk The site lies within Flood Zone 1 which is the most suitable sequentially for development. The proposal includes a Sustainable Drainage System (SuDS) compatible drainage system which would ensure that surface water flows from the site would mimic the existing conditions. Subject to conditions this is considered to be acceptable. Land Contamination Local Plan policy GEN9 requires appropriate land contamination surveys to be undertaken where there are potential issues with mitigation being secured if necessary. Studies have been submitted as part of the Environmental Statement but as noted in the report of the Council s Environmental Health Officer further work is required. However, it is considered that this can be achieved under a relevant condition as due to the historic uses on the site land contamination is not considered to prevent development taken place. This would then comply with policy GEN9. Construction Traffic/Compounds Construction traffic would be directed from the east from the new roundabout at the junction of Beacon Hill Road and Leipzig Road and then principally along the new spine road. The noise impact of this on the residents in Quetta Park is considered in above. Further into the development in order to ensure that there are not issues between new residents and later construction phases it is considered that a construction strategy and haul roads should be submitted and approved; this can be dealt with by condition. CONCLUSION The overall site is allocated for a residentially led mixed use development in the adopted Local Plan and would add to the Council s 5-year land supply reducing the likelihood that other, and especially, greenfield sites will need to be released for housing. However, recent employment land reviews have indicated that the site is of low quality and not well located for employment purposes and that in the current situation there is no need for this site to be retained for future employment development and it is not viable. This is confirmed in up-to-date reports commissioned by both the applicant and District Council. It is considered that releasing the site for residential development as a departure to the development plan is acceptable and would assist in the longer term planning of the District. 30

52 The development represents an efficient and effective use of land in general conformity to the development plan generally. The proposal locates the built development within the settlement boundary of Fleet/Church Crookham. The proposal ensures that appropriate mitigation for the impacts of the development on a European site is provided before those impacts occur. The proposal meets the target for affordable housing set out in the development plan and emerging Core Strategy. Being secured through a planning obligation the proposal would bring an additional LEAP thereby providing additional resource to ensure that appropriate play equipment and open space is provided for the proposed residents. The layout would not be adversely affected by Farnborough Airport, or noise generated by both aircraft and road sources. Through the completion of planning obligations the development provides adequate infrastructure to meet the needs of the development in respect of leisure, community facilities, and education provision. The proposal is considered to integrate satisfactorily into the local network through all modes. Appropriate sustainability measures are also proposed. The layout considered appropriate to its context and within itself, providing adequate space to ensure the preservation of protected trees, the amenities of the occupiers both of the proposed development and those living in the existing surroundings. Adequate parking is also provided. RECOMMENDATIONS The Committee: A. ADOPTS as an Appropriate Assessment for the purposes of paragraphs 61(1), 61(5) and 65(6) of the Habitats Regulations that subject to the necessary legal agreement and implementation of the necessary mitigation measures being secured, together with the conditions set out in the planning permission, the proposal for the redevelopment of Queen Elizabeth Barracks, Sandy Lane, Church Crookham as set out planning application reference 12/00234/MAJOR will not adversely affect the integrity of the Thames Basin Heaths Special Protection Area. B. The Application being referred to Council as a DEPARTURE to the Development Plan that subject to the prior completion of Planning Obligations under Section 106 of the Town and Country Planning Act, 1990 to secure: 1. Affordable Housing 40% overall to be delivered in step with the development; 2. Education 502,443 towards primary education and 529,328 towards secondary education 3. Suitable Alternative Natural Greenspace (SANG) Ensure that a further 2.04ha of SANG is maintained in accordance with the management plans for a period of 80 years, i.e. in perpetuity. 31

53 4. Strategic Access Monitoring and Maintenance (SAMM) Payment to pay 70, Community Building at the discretion of the Parish Council, a. Either the sum of the sum of 126,146 to allow the Parish Council to enlarge a Community Building; b. Or the proportional increase in the value of the Community Building if provided by the applicant company. 6. Strategic Leisure to pay 119,992 to the District Council 7. Parish Leisure a. 57,288 towards on-going site maintenance within the existing site, b. 11,468 towards a new skate park (to be otherwise provided by the Parish Council) c. A contribution towards the on-going maintenance of the new LEAP to be negotiated between the Parish Council and the applicant. 8. Management Company to set up a Management Company prior to the occupation of any dwelling to manage: a. Any areas of open space not to be transferred to public ownership; b. Any communal areas, such a private drives, not allocated to individual occupiers. Such Management Company to be set up prior to the occupation of any dwelling with funding mechanisms to ensure the above is appropriately managed. 9. Transport a. To make a contribution of 73,589 towards FTAP, bus services and other local transport measures; b. To secure the completion of a Residential Travel Plan, payment of the Travel Plan Approval and Monitoring Fees and Provision of a surety mechanism to ensure implementation of the Travel Plans; c. Agreement and implementation of a Construction Traffic Management and Routing Agreement d., to secure the provision for site access, turning, parking and management of construction vehicles throughout the construction phase, along with measures to prevent mud and debris from being carried onto the public highway. That planning permission is GRANTED subject to the following conditions: 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 91 of the Town and Country Planning Act 1990 (as amended). 2 No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. 32

54 Development shall be carried out in accordance with the approved details. Reason: To ensure that the external appearance of the buildings is satisfactory and to comply with saved policies GEN1 and URB12 of Hart Local Plan. 3 Development shall not commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved by, the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed. Reason: The development may lead to sewage flooding; to ensure that sufficient capacity is made available to cope with the new development; and in order to avoid adverse environmental impact upon the community and to comply with saved policies GEN1 and GEN6 of Hart Local Plan. 4 The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) QEB Phase 3, Church Crookham dated 9 April 2013 compiled by WSP, and the following mitigation measures detailed within the FRA: a. Limiting the surface water run-off generated by the 1 in 2 critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. b. Provision of surface water attenuation via detention basins/dry ponds, swales, ditches and porous pavements as detailed within the FRA. c. Finished floor levels are set no lower than 150mm above Ordnance Datum (AOD). The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reason To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site, to prevent flooding elsewhere by ensuring that compensatory storage of surface water is provided, to reduce the risk of flooding to the proposed development and future occupants and to comply with saved policies GEN1 and GEN6 of the Hart Local Plan. 5 No development shall commence until details of enhancements and encouragement of local biodiversity, including the provision of bat bricks and bird housing, have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details. Reason: To enhance biodiversity and to comply with policy NRM5 of the South East Plan and the Natural Environment and Rural Communities Act. 6 No development shall take place until a Site Waste Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall provide for overall principles and a scheme for approval in writing. The development shall take place in accordance with the approved plan. 33

55 Reason: To comply with the Site Waste Management Plans Regulations 2008 and to minimise waste in the interests of sustainability. 7 No works shall commence until details of how it is intended to relocate any spoil or arisings caused by the development, either on or off site, have been submitted to and approved in writing by the local planning authority. The works shall take place in accordance with the approved details. Reason: In the interests of the amenities of the area where the spoil is to be located and to comply with saved policy GEN1 of the Hart Local Plan. 8 No development of any dwelling shall take place until an independently verified Code for Sustainable Homes report that achieves Code Level 3 or above for each residential unit has been submitted to and approved in writing by the local planning authority. Each residential unit shall be constructed in accordance with the report before it is occupied. Reason: To enhance sustainability and to comply with Local Plan: Core Strategy Policy CS20. 9 No development shall take place until a scheme setting out how at least 10% of the energy requirements of these phases is to be achieved from decentralised and renewable or low-carbon sources in line with the principles set out report entitled "Energy Report - Phase 3 Former Queen Elizabeth Barracks Site" report number N (Rev 0) by Vinci Construction UK dated 20/1/12. The development shall be completed in accordance with the approved details. Reason: To ensure the sustainability of the development. 10 Before the development hereby permitted is commenced, details for the provision to be made for the parking of bicycles on the site, including the location, quantum and specification of cycle parking provision, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented in before the relevant dwelling is first occupied and thereafter retained for their intended purpose Reason: To encourage sustainable travel. 11 Details of the width, alignment, gradient and type of construction proposed for the roads, footways and accesses, including all relevant horizontal cross sections and longitudinal sections showing the existing and proposed levels, together with details of street lighting and the method of disposing of surface water, and details of a programme for the making up of the roads and footways shall be submitted to and approved by the Local Planning Authority in writing before development in any phase commences. The agreed details shall be fully implemented before any adjacent building or use hereby approved is occupied. Reason: In order to ensure satisfactory access to the development and to comply with saved policy GEN1 of the Hart Local Plan. 12 Except as may otherwise required to comply with a condition on this planning permission, which for the avoidance of doubt shall have priority, the development hereby permitted shall take place in accordance with the Peter Brett report entitled 34

56 "Queen Elizabeth Barracks, Church Crookham, Fleet Phase 3 construction report. Project Ref: 25362/005 Revision AA dated April 2013 except as may be otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of highway safety and to comply with saved policies GEN1, T5, T15 and DEV2 of the Hart District Local Plan. 13 No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998:2010 (Tree Work). If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority. The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority. In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars. The requirements regarding retained trees shall have effect until the expiration of 1 year from the date of the occupation of each building for its permitted use. Reason: To ensure the continuity of amenity afforded by existing trees and to comply with saved policies GEN1, GEN4 and CON8 of Hart Local Plan. 14 No soakaways shall be constructed such that they penetrate the water table, and they shall not in any event exceed three metres in depth below existing ground level. No soakaways shall be constructed in contaminated ground. Reason: To prevent the pollution of groundwater and to comply with saved policies GEN8 of Hart Local Plan. 15 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 07:30 nor after 18:00 on Mondays to Fridays, before the hours of 08:00 nor after 13:00 on Saturdays, and not at all on Sundays and public holidays unless otherwise agreed in writing with the local planning authority. Reason: To protect the amenities of the occupiers of nearby properties during the construction period and to comply with saved policy GEN1 of the Hart Local Plan. 16 No deliveries of materials or removal of spoil by any heavy commercial vehicle within the meaning of Section 138 of the Road Traffic Regulation Act 1994 (as amended) during the construction of the development shall take place before 09:15 or after 15:00 hours on Mondays to Fridays, or before 08:00 or after 13:00 hours on Saturdays. There shall no such deliveries of materials or removal of spoil during the construction of the development on Sundays and public holidays. 35

57 Reason: To avoid conflict in vehicle movements during the school opening and closing times and to comply with saved policy GEN1 of the Hart Local Plan. 17 No burning of materials shall take place within 30 metres of the furthest extent of the canopy of any tree or tree group to be retained on site or on land adjoining. Reason: To ensure that due regard is paid to the continuing enhancement and preservation of amenity afforded by landscape features of communal, public, nature conservation or historical significance and to comply with saved policies GEN1, GEN4 and CON8 of Hart Local Plan. 18 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no overhead electricity or service lines shall be erected or placed above ground on the site except as may be agreed in writing with the local planning authority in relation to temporary rerouting of existing services whilst the development is undertaken. Reason: In the interests of the amenities and character of the area and to comply with saved policy GEN1 of the Hart Local Plan. 19 No dwelling shall be occupied until a vehicular and pedestrian route, completed to base course level, is available between the respective dwelling and the public highway. Reason: In order to ensure satisfactory access to the development and to comply with saved policy GEN1 of the Hart Local Plan. 20 No building shall be occupied until vehicle and cycle parking spaces serving that building have been constructed, surfaced and, where appropriate, marked out in accordance with details submitted to and approved in writing by the local planning authority, and the spaces shall not thereafter be used for any purpose other than the parking of vehicles and cycles. Reason: In order to ensure satisfactory access to the development and to comply with saved policy GEN1 of the Hart Local Plan. 21 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and reenacting that Order with or without modification) no access other than that shown on the approved plans shall be formed to the site, without the prior approval of the local planning authority in writing. Reason: In order to ensure satisfactory access to the development and to comply with saved policy GEN1 of the Hart Local Plan. 22 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and reenacting that Order with or without modification) no building, structure or other alteration permitted by Class A of Part 16 or Classes G or H of Part 17 of Schedule 2 of the Order shall be erected on the application site. Reason: In order to ensure the high quality of the built environment and to comply 36

58 with saved policy GEN1 of the Hart Local Plan. 23 Any trees or plants that, within a period of five years after planting, are removed, die or become in the opinion of the local planning authority, seriously damaged or defective, shall be replaced in the next available planting season with others of species, size and number as originally approved unless the local planning authority gives its written consent to any variation. Reason: To ensure the provision of amenity afforded by appropriate landscaping design and to comply with saved policies GEN1, GEN4 and CON8 of Hart Local Plan. 24 The development hereby permitted shall not be commenced until such time as details of the attenuation pond (As shown on drawing: Catchment G1 and Attenuation Pond Ref: 103-D-014 Rev A) to improve the existing surface water disposal system has been submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reason To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future users and comply with saved local plan policy GEN The development shall take placed in accordance with the drawings set out in Schedule 1 to this decision notice. Reason: To give certainty as to the development hereby permitted. INFORMATIVES 1 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance: The applicant was provided with pre-application advice following the refusal of an earlier application for this site The applicant was advised of the necessary information needed to process the application. The applicant was advised of the issues relating to community infrastructure/impact on a European site as part of the processing of the application and was assisted to complete a Section 106 Planning Obligation to address these concerns. Consequently planning permission could be granted. 37

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66 COMMITTEE REPORT ITEM NUMBER: 102 APPLICATION NO. LOCATION PROPOSAL APPLICANT 13/00799/FUL Queen Elizabeth Barracks Sandy Lane Church Crookham Fleet Hampshire GU13 0BF Construction of Local Equipped Area of Play (LEAP) to serve the residents of the proposed Phase 3 residential development (which is the subject of planning application 13/00795/MAJOR) Taylor Wimpey West London CONSULTATIONS EXPIRY 31 May 2013 APPLICATION EXPIRY 20 June 2013 PLANNING COMMITTEE Cllr Tony Clarke WARD MEMBER RECOMMENDATION Grant Permission Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 45

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68 BACKGROUND INFORMATION This application is brought to Committee at the discretion of the Head of Planning Services as it should properly be considered with application 13/00795/MAJOR which is being reported to the Planning Committee as it represents a Departure from the Development Plan. The application has been submitted to address reason for refusal 2 of an earlier application (12/00234/MAJOR) for 100 dwellings on the Phase 3 area of the Queen Elizabeth Barracks (QEB) site relating to insufficient open space provision. SITE DESCRIPTION This application relates to an irregularly shaped piece of land to the north of the Phase 3 area on the QEB site. It is surrounded by two belts of trees, one to the north and east between it and Naishes Lane and the other to the north and west. The site has an area of approximately 1,300m 2. PROPOSAL This full application proposes the creation of a Locally Equipped Area of Play (LEAP) containing play equipment mainly aimed at the 2 to 12 year age group. The precise details of the equipment would, it is suggested by the applicant, be the subject to a condition, but would be likely to include: Natural Timber Cross Beams Tree Trunks Cargo nets Timber elements at taller heights Simple Swing arm. The play area would be fenced. It is proposed that once constructed it would be transferred, along with a commuted sum, to Church Crookham Parish Council as part of the overall play provision of the QEB site. RELEVANT PLANNING HISTORY The full planning history of the site is set out in conjunction with application 13/00795/MAJOR, however for Members information in the approved layouts for QEB approved under 11/00001/MAJOR the site of this application was shown as Informal Recreation. CONSULTEES RESPONSES Church Crookham Parish Council No objection. The parish council would like the following comments to be noted: 1) The parish council would prefer a skate board park installed instead of a play area at this LEAP; 2) If the parish council is expected to maintain this LEAP then the parish council would expect an S106 contribution towards this maintenance. Crookham Village Parish Council No objection Fleet Parish Council No objection 47

69 Highway Agency (Dept Of Transport) No objection. Environment Agency South East The site is less than a hectare in Flood Zone 1. We would normally not provide any comments on sites under a hectare in Flood Zone 1. However, we would have no concerns over the proposed play area in terms of flood risk, due to the nature of the development and the use of grassed areas and gravel footpaths. This is not a high risk location for groundwater protection. A Geo environmental assessment was completed for the larger site. This investigation did not detect any significant contamination at the site and no remediation was required for groundwater protection. However it did suggest that [Underground Storage Tanks] and [Above ground Storage Tanks] present on the site should be removed. On this basis, we suggest a watching brief is maintained during site works and if any tanks are located on this part of the site that these are removed and the surrounding soils investigated. No objection subject to the inclusion of a planning condition. Highways (Internal) The proposed LEAP will be accessed from the internal road on the edge of Phase 3 of the development. There is a footpath winding to the play area, allowing easy pedestrian access. The surfacing of this path is Breedon gravel which is a bound surface suitable for this type of application. No highway objection Hampshire County Council (Education Officer) I have no comment on this application. County Archaeologist There are no archaeological issues. Sport England Does not wish to comment on this application. Chief Planning Officer (Rushmoor) No objection Farnborough Airport Manager No Objections Police Architectural Advisor The Local Equipped Area of Play (LEAP) is on the edge of the development, it can be easily accessed and it is not well overlooked; which is not ideal. The space itself provides ready access into the adjacent wooded area. Given its location it is likely to be used by a wide range of people throughout the day and possibly the night. To provide for the safety of those using the facility I recommend that any planting does not obscure the visibility of the facility from the road (as shown on the indicative plan). Leisure (Internal) supports the provision of children s play equipment 48

70 Environmental Health (Internal) No objection NEIGHBOUR COMMENTS None received. POLICY AND DETERMINING ISSUES Areas where there may a potential for contamination either from past activities of land fill but the extent of which may not be known. A tree preservation order is an order (TPO) is made by the Council in respect of trees or woodlands. The principal effect of a TPO is to prohibit the cutting down, uprooting, topping, lopping, wilful damage, or wilful destruction of trees without the Council's permission. Protection also extends to preventing the cutting of any roots. Hart District Council Local Plan (Replacement) GEN1 - General policy for development CON8 - Trees, Woods & Hedgerows Amenity Value GEN11 - Areas affected by flooding-poor drainage CONSIDERATIONS Principle The site lies within the settlement of Fleet/Church Crookham as defined in the Local Plan. There are no policies in the Local Plan relating to the provision, as opposed to the loss, of play areas. Policy URB23 requires play areas for new residential development, but this relates to requiring play areas, not considering them in their own right. As such in line with the NPPF, where the development plan is silent planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole or specific policies in this Framework indicate development should be restricted. Impact on amenity Saved policy GEN1 seeks to ensure that development does not have an adverse impact on residential amenity by virtue of noise or disturbance. Currently the site is located over 120m from the nearest dwelling, on Quetta Park and at this distance would not any material impact on the occupiers of the dwelling. The existing planning permission for the Phase 3 area of the QEB site has office buildings as the nearest development to this site. The details of the layout have not been agreed, but the illustrative drawings show the nearest building some 40m from the nearest building. Given that use and distance this proposal would not any material impact on the occupiers of the offices. 49

71 However, if planning permission were to be granted for residential purposes for the Phase 3 area, as is recommended, it is appropriate to ensure that the development would not have an unacceptable impact on the amenities of those occupiers. The nearest properties are plot 3J9 which is side on to the play area with a road in between. The nearest piece of play equipment would be 12m from the side wall of the dwelling. This is similar to the two LEAPs permitted as part of the reserved matters for Phase 2, and is such so that the development would not have an unacceptable impact on the amenities of those occupiers. Consequently the proposal complies with saved policy GEN1. Impact on Protected Trees All the trees on the QEB site are subject to an area TPO. Saved policy CON8 only permits development where either the development will ensure that the trees are either capable or being retained, or if removal is necessary new planting is undertaken to maintain the value of these features. The Tree Officer has verbally confirmed that the development would not have a detrimental impact on protected trees, but requests a condition to require the introduction of tree protection while development takes place. In any event, the trees on the perimeter of the site are parts of further significant areas of woodland. If there is the loss of any trees this will not have any impact on the overall effect of the woodland in the wider environment. A landscaping scheme for the under-storey would add to the amenities of the area. The proposal is therefore considered to comply with saved policy CON8 of the Local Plan. Other matters The Parish Council has asked that the rather than a LEAP it would prefer a skatepark. The application has to be considered on its own terms, not on any other proposal which may be submitted. The Police Architectural advisor has indicated a preference for the area to be overlooked greater. In order to minimise noise and disturbance Plot 3J9 is side on to the play area, but the adjoining property, 3J8, would provide a level of surveillance. This surveillance is considered to be acceptable. The applicant and Parish Council have indicated that they would like the area adopted by the Parish Council and this would be subject to a commuted sum. This can be dealt with by any legal agreement relating to the Phase 3 area. The Environment Agency has requested a condition be imposed relating to the removal of storage tanks. This can be included. CONCLUSION There are no policies in the Local Plan dealing with the provision of play areas and as such in line with the NPPF planning permission should be granted. The proposal is sufficient distance from adjoining proposed properties to avoid unacceptable noise and disturbance, but would be overlooked to ensure surveillance. There would be not unacceptable impact on protected trees. 50

72 RECOMMENDATION - Grant Permission CONDITIONS 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 91 of the Town and Country Planning Act 1990 (as amended). 2 No development shall take place until full details of both hard and soft landscape have been submitted to and approved in writing by the Local Planning Authority. Hard details shall include, as appropriate, proposed finished levels and/or contours, means of enclosure, hard surfacing materials and children's play equipment. Soft landscape details shall include planting plans, written specifications (including cultivation and other operations associated with plant establishment), schedules of plants, noting species, planting sizes and proposed densities where appropriate. Details shall further include a proposed timetable for planting and laying out of hard surfaces and roads. Reason To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy GEN1 of the Hart District Local Plan. 3 No work shall take place until details of the means of protection, including method statements where appropriate, for all trees, hedges, hedgerows and shrubs on site, unless indicated as being removed, have been submitted to and approved in writing by the Local Planning Authority. The trees, hedges, hedgerows and shrubs shall be retained and protected in accordance with the approved details for the duration of works on the site and for at least five years following occupation of the approved development, unless otherwise agreed by the Local Planning Authority. Any such vegetation immediately adjoining the site shall be protected on the site in a similar manner for the duration of works on the site. Any such vegetation removed without the Local Planning Authority's consent, or which die or become, in the Authority's opinion, seriously damaged or otherwise defective during such period shall be replaced and/or shall receive remedial action as required by the Authority. Such works shall be implemented as soon as is reasonably practicable and, in any case, replacement planting shall be implemented by not later than the end of the following planting season, with planting of such size and species and in such number and positions as may be agreed with the Authority in writing. Reason To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy GEN1 of the Hart District Local Plan. 4 Hard and soft landscaping works shall be fully carried out in accordance with the approved details, including the approved timetable, and to a reasonable standard in accordance with the relevant provisions of appropriate British Standards or other recognised codes of good practice. The Council shall be notified in writing of the completion of the scheme or any 51

73 agreed phase of such scheme. Any trees or plants which, within a period of five years after approved completion, are removed, die or become, in the opinion of the local planning authority, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of similar species, size and number as originally approved, unless the Council gives its written consent to any variation. Reason To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy GEN1 of the Hart District Local Plan. 5 Before development commences, a plan showing how it is proposed to deal with the removal of underground and above ground storage tanks on site and any risks associated with contamination of the site from these tanks shall be submitted to and approved by the Local Planning Authority. This shall be a preliminary risk assessment which has identified: Potential contaminants associated with those uses A conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site. During development a watching brief shall take place on the site to ensure that no pollution from the removal of the tanks occurs and to ensure that any contamination from existing leakages is dealt with. Reason: To ensure any contamination which does exist does not affect those using the development. INFORMATIVES 1 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance: The applicant was advised of the necessary information needed to process the application and, once received, the application was acceptable and no further engagement with the applicant was required. 52

74 COMMITTEE REPORT ITEM NUMBER: 103 APPLICATION NO. LOCATION PROPOSAL APPLICANT 13/00878/MAJOR All Saints C of E Junior School Leawood Road Fleet Hampshire GU51 5AJ Extension and refurbishment of the existing school to accommodate the school changing from a 3 form entry to a 4 form entry school. Extension consists of 3 no. single storey classroom blocks, creating 6 new classrooms. Refurbishment of existing teaching spaces to be converted into group learning and community use area. Extension of existing school hall with new kitchen servery, additional storage and plant to suit. Circulation routes amended and new external canopy required to suit new building layout. Mrs Alison Wyld CONSULTATIONS EXPIRY 26 July 2013 APPLICATION EXPIRY 29 July 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION Cllr Alan Oliver Grant Permission Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 53

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76 BACKGROUND Amended site plans and elevations were received on 25 June For reference, the school is the applicant as it is outside Local Education Authority control and as such Hart is the Local Planning Authority. The application is brought to Committee at the request of the Ward Councillor for the following reasons: the lack of adequate parking provision on site for all teaching and ancillary staff for enlarged school; the lack of adequate Travel Plan and/or Local Road parking scheme to alleviate increased disruption to local community SITE All Saints Church of England Junior School is located on the western edge of Fleet. Tavistock Infant School is adjacent to the site, to the north. To the west are playing fields and open countryside. To the east and south are residential areas. The two schools, essentially, share one larger campus, although they are independent in terms of administration and location. The school has existing vehicular and pedestrian access from Leawood Road. There is also a second pedestrian gate adjacent. There are no other existing vehicle access routes to the site. Existing parking is located in front of the main entrance to the south of the site and along the eastern boundary. The existing school buildings are primarily single storey and grouped around a central hall and adjacent courtyard. The school has a two storey block on the western side of the campus. The school entrance and administration are all adjacent to the existing parking. The school has twelve existing classrooms; eight on the ground floor and four on the first floor. The design of the existing school buildings are typical of this type of facility, with pitched and hipped roofs and elevations comprising a mix of red brick, hanging tiles and UPVC cladding. Most of the existing windows are also UPVC. A recent extension of two classrooms in the north-west corner of the building constructed in 2002, has a more contemporary design with an aluminium roof and a smaller area of flat roof linking it to the main building. The extension elevations are a mixture of brown stained timber, aluminium cladding, white render and brown timer windows. The school's hard surface play areas are located in two separate areas to the north and west of the site and are both bounded by areas of soft play and mature woodland. PROPOSAL All Saints Church of England Junior School currently has a three form of entry of 105 pupils per year group and teaches years 3 to 6 inclusive. It is proposed to increase that to allow the school to offer 140 places in Year 3 from 2014, thus providing a total capacity of 560 places by The school would therefore expand from a three form entry to four form entry. In line with this, the proposal is for an extension and refurbishment of the existing school including: 3 no. Single storey classroom blocks creating 6 new classrooms; 55

77 Refurbishment of existing teaching spaces to be converted into group learning and community use area; Extension of existing school hall with new kitchen servery, additional storage and plant; and Amended circulation routes and new external canopy required to suit new building layout The proposed six additional classrooms of 60m² each will have wet areas, storage cupboards and external cloak room space. The proposed hall extension would provide an additional area of 70m² to accommodate the expanded school and an associated hall storage area of 19m², a hall furniture store of 13m², two new access corridors and a disabled ramp. Other associated storage and plant areas in this part of the building include an external PE store of 17m² and a new electrical room of 7m². The kitchen is proposed to be extended by an additional 11m² to provide a new servery. A new hard surface play area of 620m² is proposed for the north-west area of the site. The External Works GA Plan (Ref: 7209/50-01/B) sets out a proposed parking provision of 40 spaces when compared with 29 spaces presently. The Site Plan (Ref: 7209/52.01/A) sets out that the proposed phasing of the development would be split between four distinct periods with the final phase completed in mid December The number of pupils at the school would rise from 408 (actual) in 2011/12 to 546 (forecasted) in 2016/17. The number of classes across the four year groups would rise from 13 (2013/14) to 16 (2016/17). The number of teachers would rise from 20 (2012/13) to 26 (2016/17). The number of support staff would rise from 34 to 44. The overall number of staff at the school would therefore rise from 54 to 70. CONSULTEES RESPONSES Fleet Town Council Fleet Town Council has serious concerns for the potential congestion and lack of parking when dropping off. Church Crookham Parish Council No objection. The Parish Council suggest that the school should have a formal agreement with Fleet Town Football Club regarding the use of the football clubs car park as a car park for the Park and Stride scheme and that the school should formally identify an area for the Kiss and Drop scheme. HCC Education No comment HCC Highways HCC set out (4 June 2013) detailed comments on trip generation (pupils and staff), parking, school travel plan and personal injury accidents (see Appendix 1). HCC considered that there was a number of matters outstanding relating to the proposals which need to be addressed. In summary these were: Further information on the proposed increases in staff numbers and how this relates to trip generation and the required parking; Information to support the predicted 20% reduction in car travel as a forecast through the School Travel Plan; and Information on the impact the proposals and related increase in vehicle trips will have on the local highway network, assuming there is no reduction in car mode share 56

78 Without this it is not possible to conclude whether or not the proposals will have a significant impact on the local highway network and thus the proposal should be refused. In light of these comments, the applicants provided further information. HCC provided further comments (10 July 2013) (below). Staffing Numbers Further information has now been provided as to the breakdown of the increased staffing levels at the school as a result of the proposed expansion. The applicants have confirmed that there will be 4 full-time teachers, 2 part-time teachers and 10 support staff. Therefore, it can be agreed that the proposed increase of 14 parking spaces at the school is within the County Council's adopted 'On Site School Parking Standards'. School Travel Plan The additional information submitted by the applicant reiterates the proposed School Travel Plan targets which aim for a decrease in vehicle trips associated with pupil travel of 22%. There is still no information provided to demonstrate the likelihood that this target will be achieved and this is required if the reduction in vehicle trips related to the Travel Plan are included in a robust assessment of the impact the proposals will have on the highway network. Traffic Impact The additional information does make note that the proposals will result in an additional 77 vehicles travelling to the site and, whilst it can be agreed that this increase will be spread across a variety of routes and is not likely to have a significant impact on any particular junction, there is already a significant level of on-street parking associated with the operation of the school site. The 9 additional vehicle trips associated with staff will be accommodated on site; however there are 68 additional vehicle trips in both the AM and PM school peaks associated with pupil travel. More information is therefore required to demonstrate that the surrounding roads can safely accommodate the expected increase in vehicle trips and on-street parking. In summary, without any further information on the suitability of the School Travel Plan targets or the impact the proposals will gave on the surrounding roads in terms of on street parking it is still not possible to conclude whether or not the proposals will have a significant impact on the local highway network. Highways (Internal) The site is located within zone 2 and the Hart Parking Provision Interim Guidance (August 2008) states that for each additional classroom 1.5 parking spaces are required. It is proposed to add 6 additional classrooms and therefore 9 parking spaces are required to accommodate the addition rooms. 10 parking spaces are proposed including 2 disabled bays. This is adequate. There is also sufficient room for vehicles to manoeuvre out of parking bays to enable them to enter and exit the site in a forward gear. The existing vehicular access off of Leawood Road is retained and remains unaltered by the proposals. No highway objection. Thames Water Thames Water recommends the installation of a properly maintained fat trap on all catering establishments. We further recommend, in line with best practice for the disposal of Fats, Oils and Grease, the collection of waste oil by a contractor, particularly to recycle for the production of bio diesel. Failure to implement these recommendations may result in this and other properties suffering blocked drains, sewage flooding and pollution to local watercourses. Thames Water would advise that with regard to sewerage infrastructure we would not have any objection to the above planning application. 57

79 Environmental Health (Internal) I have reviewed the documents submitted as part of the proposed development and I have no adverse comments regarding the application. Tree Officer (Internal) No objection to the proposal subject to suggested conditions. NEIGHBOUR COMMENTS Six letters of objection were received. The key issues identified were: Traffic generation and safety Effect on neighbourhood Inadequacy of parking Contrary to Planning Policy Noise and disturbance Travel Plan is vacuous Not considered alongside expansion of Tavistock Infants POLICY AND DETERMINING ISSUES Hart District Local Plan Replacement (Replacement) GEN1 GEN4 T14 URB1 - General policy for development - General Design Policy - Transport and Development - Definition of Areas CON8 - Trees, Woods and Hedgerows Amenity Value CONSIDERATIONS Principle of Development and School Place Planning Design Parking and Highways Impact on the amenity of the occupiers of neighbouring dwellings Trees Biodiversity Principle of Development and School Place Planning The National Planning Policy Framework (NPPF) clearly states (Para.72) that the Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities. Local Planning Authorities (LPA) should take a proactive, positive and collaborative approach to meeting this requirement, and to development that will widen choice in education. LPAs should give great weight to the need to create, expand or alter schools. 58

80 The application site is within the settlement boundary of Fleet, as defined in the Hart Adopted Local Plan, where development of this type is considered to be acceptable in principle, subject to complying with any relevant policies. As such, the proposal is supported in principle and would comply with saved policy URB1 of the Hart Local Plan. Hampshire County Council (HCC) has a statutory duty to ensure the provision of school places and to secure an appropriate balance locally between supply and demand. However, Hampshire, including Hart, in keeping with the national picture has experienced a significant rise in births over recent years which, together with housing development and in-migration to parts of the county, has increased the pressure on primary school places. To address this issue, HCC has recently published (December 2012) its overarching framework and analysis for school places for the next four years, the School Places Plan (SPP) ( ). The SPP gives an indication of the need for additional future places and how these may be provided. For Fleet and Church Crookham, the SPP sets out that there is a clear need for additional primary age places. For example, As of January 2012, the net capacity of the Fleet and Church Crookham primary age schools was 3,520 places with 3,633 children on the combined roll. The SPP forecasts that by January 2017 the net capacity of Fleet and Church Crookham primary age schools will be 3,738 places with 3,808 children on the combined roll. It is therefore clear that primary age school place capacity is both an existing and likely ongoing local issue in Fleet and Church Crookham. The SPP states that the proposed expansion of All Saints School and the adjacent Tweseldown Infant School by September 2014 will provide additional school places. Additionally, as Members will be aware, the proposed expansion of Church Crookham Junior School onto the current site of Tweseldown Infant School will provide some additional capacity in the local area by September 2016 subject to progress on the new infant school. However, much of this additional school place capacity will likely address demands from the QEB development. As such, it is considered that, in line with this local context and the clear emphasis set out in the NPPF, it is considered that great weight should be placed on the need for new or, as in this application, for expanded schools in Hart. In summary, it is considered that the proposal would have clear social benefits for the local community. Design The NPPF states (Para. 57) it is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. The NPPF (Para. 64) goes on to state that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions. Saved policies GEN1 and GEN4 permit development where, amongst other requirements, the design, scale, massing and prominence of the proposal is in character with the local area and is sympathetic to the existing dwelling and surrounding properties. The Design and Access Statement sets out that the proposed location of new accommodation within the site reflects the identified constraints. The new community room, meeting room, toilets, storage area and new entrance lobby are a reconfiguration of the 2 existing classrooms in 59

81 the south east corner of the building, which allows these new facilities to be accessed directly from the car park at the front of the school with its own community entrance. The community area to be separated from the rest of the school after hours thus improving security. The proposed two new classrooms to the south of the building link well with the other teaching spaces. The proposed four new classrooms and group room to the north of the building also relate well with the rest of the teaching spaces. They also take only a limited area of the existing hard play area. All new teaching facilities have an appropriate increase in WC, cloakroom and storage areas adjacent to classrooms. The proposed new build extension to the school hall and associated storage areas matches the existing two-storey elements of the school in height. The hipped roof of the new hall is considered an adroit proposal which reduces the impact of its overall massing. The proposed four new classrooms to the north of the existing building are also single-storey and thus match the size, scale and mass of the existing classrooms on this elevation. The proposed height, scale and massing are considered to be appropriate for the site. The proposed materials comprise a mix of facing brickwork, white render and concrete roof tiles. The materials would appear suitably durable for a school environment. The proposed landscape scheme also aims to extend and improve the existing outdoor play facilities for the school children. New paving to the front of the building helps to redefine access routes and provide a new seating and gathering space next to the main entrance. This should generally improve the aesthetics of the front of the school. As such, in line with the identified site constraints, the proposal sets out a satisfactory layout, and that the proposed scale, height and massing reflect the existing building and are therefore satisfactory. The proposed materials are generally reflective of those found in school buildings and are therefore satisfactory. The proposal would therefore comply with the NPPF and saved policies GEN1 and GEN4 Parking and Highways Saved Local Plan policy GEN1 permits development where there would be adequate arrangements on site for access, servicing or the parking of vehicles. More recently, the Council's Parking Provision Interim Guidance (August 2008) has been adopted. Additionally, Hampshire County Council (HCC) approved on-site school parking guidelines for Hampshire in April 2013 and this is recommended for adoption elsewhere on this agenda. Saved policy T14 states that development must have adequate provision for highway safety, access and internal layout and parking. Officers would like to highlight that the NPPF clearly states (Para. 72) that Local Planning Authorities are expected to work with schools promoters to identify and resolve key planning issues before applications are submitted. Clearly, there is also an onus on applicants to engage with LPAs prior to submitting school development schemes. Unfortunately, in this instance, no pre-application discussion was undertaken with Officers. It would therefore appear reasonable to conclude that had the applicants undertaken pre-application discussions, the highways issues highlighted below could have addressed in a more systematic manner. For reference, the applicants have provided a Technical Note (21 June 2013) which attempts to address the identified highway issues and a School Travel Plan (November 2012). The HDC parking guidance clearly sets out (pp. 14) that schools should provide 1.5 spaces per classroom. The proposed expansion would result in the school having 16 classrooms. Therefore the school are required, in line with the HDC parking guidance, to provide 24 on-site parking 60

82 spaces. The amended plans set out that the proposed expansion will have 40 on-site parking spaces. The provision of proposed disabled spaces can be achieved through a suitable condition. As such, the proposal complies with the HDC Parking Provision Interim Guidance (August 2008). Moving on to the new guidance this sets out that one space should be provided per teaching member of staff plus two spaces per three non-teaching staff. Disabled parking should be counted as 5% of the above allocation or a minimum of one space. Teaching staff are assumed to comprise class teachers, head teachers and deputy head teachers permanently based at the school. Peripatetic specialist teachers are not included in this definition (these members of staff are classed as visitors). All other persons employed at the school (including teaching assistants) are classed as non-teaching staff. For extensions to existing facilities, as with any other development, the HCC standards will only be applied to the extension and not to the school as a whole. As set out, the school would have 6 additional permanent teaching staff and 10 non-teaching staff. Therefore, to meet the HCC on-site school parking guidelines the proposal would need to provide 12 additional spaces. The proposal (as set out in the amended plans) provides 11 additional spaces. As such, the proposal is one space short of being fully compliant with the HCC guidance. The HDC Parking Provision Interim Guidance states that cycle storage provision for schools should be in accordance with the Travel Plan. The amended plans set out that the proposal will provide new facilities for 20 cycle spaces. Essentially, there would appear to be a number of inconsistencies in the proposal with regard to cycle and scooter space provision. For example, the application form states that there are no existing cycle spaces at the school, the Travel Plan has stated that there are 20 existing cycle spaces and supplied photographs to support this. Therefore, there would be 40 cycle spaces overall. The Technical Note and Travel Plan both state that an objective for the school is to have 15% of pupils travelling to school by cycle or scooter by As the proposal seeks to increase the number of pupils to 560, this would suggest that at least 84 cycle or scooter spaces will be needed. Clearly, the proposal fall some way short of this and as such does not meet HDC parking guidance requirements. Furthermore, the supporting Travel Plan (November 2012) states that to encourage staff to cycle to the school, an additional 20 covered cycle spaces will be provided. These would not appear to have been included in the proposal. Notwithstanding this, it is considered that there is capacity to provide additional cycle/scooter space within the application site and that this can be provided through a suitable condition. The remaining HCC Highways objection is predicated on the lack of further information on the suitability of the School Travel Plan targets and the impact the proposals will gave on the surrounding roads in terms of on street parking and whether or not the proposals will have a significant impact on the local highway network. However, the information that has been provided with regard to the possible impact of additional parking from school users on local residential streets is somewhat confused. For example, the Technical Note states (pp.4) that at the time of submission the Travel Plan was not available to applicant's consultants. The Technical Note also acknowledges, with some honesty, that the school Travel Plan has not been actively managed in any form over the last few years and that measures such as the proposed 'park and stride' are not publicised and are not used. Furthermore, it is then asserted in the Technical Note that despite this lack of action hitherto, the proposed new Travel Plan will have a full impact when launched and rigorously managed by the school. 61

83 The applicants has set out in further recent s its views relating to the capacity of local roads to accommodate parked vehicles and the modal shift that will happen in light of the Travel Plan. Essentially, it is argued that the implementation of the Travel Plan will lead to an overall reduction in the number of vehicles parked on local roads. In summary, it is considered that the outstanding issues HCC have raised are valid. Even if the Travel Plan targets are accepted as suitable, it is considered that it is still not possible to conclude whether or not the proposals will have a significant impact on the local highway network. The applicants have informally discussed the provision of 16 parking spaces at Fleet Town Football Club, but this does not form part of this proposal. Even if this facility were to be provided, it would not appear to be of sufficient scale to enable Officers to conclude that this issue had been resolved way or another. As such, the proposal is considered contrary to saved policy T14. However, notwithstanding this, it is considered that the Travel Plan could be subject to a suitable condition limiting commencement of use of the proposed additional school facilities until such time as it has been approved in writing by the Local Planning Authority. In line with the clear social benefits the proposal has, this would appear to be the most constructive way forward available and will help enable the school to, as set out, rigorously manage the Travel Plan. Impact on the amenity of the occupiers of neighbouring dwellings Saved Local Plan policy GEN1 permits development where there is no material loss of amenity to existing and adjoining residential uses. The proposed extensions would be mostly located on the north and east facing elevations of the school. The proposed northern extension of four classrooms and a group room would have no impact on local residential amenity in line with their orientation and the size of the application site. The proposed eastern extension would be mostly constructed over existing single storey structures. Given the distance between the proposed elevation and the nearest dwelling, approximately 18 metres, it is considered that there will be no significant additional impact on the amenity of neighbouring residents. In line with the conclusions of the supporting Acoustic Report it is not considered that the proposal would give rise to unacceptable levels of additional noise. As such, the proposal complies with saved policy GEN1. Trees Saved policy plan policy CON8 allows for development where trees are capable of being retained in the longer term. The Tree Officer has reviewed the supporting documentation and is satisfied that the proposal is acceptable subject to a suitable condition. As such, the proposal complies with saved policy CON8. Biodiversity Saved policy CON5 states that planning permission will not be granted for development that would have a significant adverse effect on plant or animal species or their habitats protected by 62

84 law unless conditions are attached or planning obligations entered into requiring the developer to secure their protection. The supporting Ecological Assessment (EA) sets out that a field survey was undertaken in March 2013, which involved an assessment of the potential for protected habitats and species to be present within the site. An inspection of the existing building did not reveal any evidence of bats. However, a number of features with roosting potential were recorded on the southern elevation of the existing two-storey building on the western end of the complex. Further Phase 2 surveys are recommended in order to assess the presence/absence of bats within the building. Furthermore, any additional lighting installed as a result of the proposals should be low-level and if possible directed away from the trees on the edges of the site, which could minimise any potential disturbance of foraging/commuting bats. The EA also set out that the site also provides habitat for a range of common bird species. Clearance of vegetation could cause an impact to breeding birds if conducted during the main breeding season of March to August inclusive. Any vegetation clearance works should therefore be carried out outside this period. Furthermore, optional enhancement measures in the form of house sparrow nest boxes have been recommended for the proposed extensions. These issues can be addressed through suitable conditions. In line with the recommendations of the Ecological Assessment, it is considered appropriate to condition the proposed external lighting. As such, it is considered that these issues can be addressed through suitable conditions and as such, the proposal complies with saved policy CON5. CONCLUSION The proposal would provide much needed additional junior school places in Fleet and Church Crookham and would appear well-designed with the needs of youngsters in mind. The proposed scale, appearance and materials and street scene are considered appropriate for the site. There would be no significant impact on the amenity of occupiers of neighbouring buildings. Subject to conditions there would be no harm to trees or biodiversity. The proposed access is considered adequate. The proposed on-site parking is close to the new recommended parking guidance requirements. The impact of additional off-street parking created by additional school users has not been clearly established. It is considered likely that there will be some increase in on-street parking from the proposal. The proposed mitigation is predicated on the school Travel Plan objectives being met. As such it is considered appropriate for no use of the building to commence until the Local Planning Authority approves in writing an agreed Travel Plan. However, there is a clear need for additional junior school places in Fleet and Church Crookham. In line with the clear steer in the NPPF that LPAs should give great weight to the need to create, expand or alter schools, it is considered that in this instance the provision of these school places should over-ride the likely impact of additional parking on local residential roads during school hours. 63

85 RECOMMENDATION - Grant Permission CONDITIONS 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 91 of the Town and Country Planning Act 1990 (as amended). 2 No development shall take place until details and samples of all external surfaces have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with approved details. Reason To ensure that the external appearance of the building(s) is/are satisfactory and to satisfy saved policy GEN1 of the Hart District Local Plan. 3 No building or use hereby permitted shall be occupied or the use commenced until a Travel Plan comprising immediate, continuing and long-term measures to promote and encourage alternatives to car use has been prepared, submitted to and been approved in writing by the Local Planning Authority. The approved Travel Plan shall then be implemented, monitored and reviewed in accordance with the agreed travel Plan Targets to the satisfaction of the council. Reason: In order to deliver sustainable transport objectives including a reduction in single occupancy car journeys and the increased use of public transport, walking & cycling. 4 No building or use hereby permitted shall be occupied or the use commenced until a revised site plan setting out a sufficient number of on-site cycle and/or scooter parking spaces is available to safety achieve the Travel Plan objectives. Reason: In order to deliver sustainable transport objectives including a reduction in single occupancy car journeys and the increased use of public transport, walking & cycling. 5 The development hereby permitted shall not be carried out except in complete accordance with the details shown on the following submitted plans: Proposed Floor Plans (Ref: 7209/08.06/D) Proposed Elevations (Ref: 7209/08.07/D) External Works GA (Ref: 7209/50-01/B) Site Set Up Plan (Ref: 7209/52.01/A) Reason To give certainty as to the development hereby permitted 6 No on-site vegetation clearance shall take place within the nesting bird season (March to September) to reduce the potential impact on birds and the destruction of bird nests. Reason: To protect local biodiversity and to satisfy saved local plan policy CON5. 64

86 7 No building or use hereby permitted shall be occupied or the use commenced until the provision of new bird boxes, in line with the recommendation of the Ecological Assessment, has been agreed in writing with the Local Planning Authority. Reason: To protect local biodiversity and to satisfy saved local plan policy CON5. 8 In line with the Ecological Assessment, no development shall take place until a Phase 2 Bat Survey has been completed and agreed in writing with the Local Planning Authority. Where appropriate, suitable mitigation should be set out in Survey and any subsequent development should be undertaken in line with this. Reason: To protect local biodiversity and to satisfy saved local plan policy CON5. 9 No development shall take place until details of any external lighting, including hours of operation, have been submitted to and approved in writing by the Local Planning Authority. The equipment shall only be installed, operated and maintained in accordance with the approved scheme. Reason To protect the amenities of the area and to satisfy saved policy GEN1 of the Hart District Local Plan. 10 No development or demolition work or delivery of materials shall take place at the site except between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No development or demolition work or deliveries of materials shall take place on Sundays or Public Holidays. Reason To protect the amenity of nearby residential occupiers and to satisfy saved policy GEN1 of the Hart District Local Plan. 11 There shall be no burning of demolition materials on the site. Reason To protect the amenities of the area and to satisfy saved policy GEN1 of the Hart District Local Plan 12 The approved parking facilities for vehicles shall not be used for any purpose other than the parking of motorised vehicles and access shall be maintained at all time to allow them to be used as such. Reason To ensure that the development is provided with adequate parking to prevent the likelihood of on-street parking and to satisfy saved policy GEN1 in the Hart District Local Plan. 13 Prior to commencement of development a meeting shall be held between the appointed building contractor, the appointed arboricultural specialist and the Local Authority Tree Officer to discuss and agree the position of tree protection and the tree protection erected as outlined in the agreed Arboricultural Implications Assessment dated 19th March Once a month the local planning authority shall be informed of the progress of the 65

87 development by the appointed arboricultural specialist. The trees, hedges, hedgerows and shrubs shall be retained and protected in accordance with the approved details for the duration of works on the site and for at least five years following occupation of the approved development, unless otherwise agreed by the Local Planning Authority. Any such vegetation immediately adjoining the site shall be protected on the site in a similar manner for the duration of works on the site. Any such vegetation removed without the Local Planning Authority's consent, or which die or become, in the Authority's opinion, seriously damaged or otherwise defective during such period shall be replaced and/or shall receive remedial action as required by the Authority. Such works shall be implemented as soon as is reasonably practicable and, in any case, replacement planting shall be implemented by not later than the end of the following planting season, with planting of such size and species and in such number and positions as may be agreed with the Authority in writing. Reason: To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy GEN1 of the Hart District Local Plan. Let me know if you require any further assistance. INFORMATIVES 1 The applicant is advised that under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. If any evidence of bats is found on site, Natural England must be informed and a licence for development obtained from them prior to works continuing. For further information go to or contact Natural England (S.E. regional office) on The applicant is advised to make sure that the works hereby approved are carried out with due care and consideration to the amenities of adjacent properties and users of any nearby public highway or other rights of way. It is good practice to ensure that works audible at the boundary of the site are limited to be carried out between 8am and 6pm Monday to Friday, 8am and 12 noon on Saturdays with no working on Sunday and Bank Holidays. The storage of materials and parking of operative s vehicles should be normally arranged on site. 3 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance, the applicant was advised to submit amended plans and elevations which were received on 25 June Additional information and correspondence was provided subsequent to this. The objection comments received have been carefully considered within the committee report. 66

88 COMMITTEE REPORT ITEM NUMBER: 104 APPLICATION NO. LOCATION PROPOSAL APPLICANT 13/00962/OUT Glen Haven Dunleys Hill Odiham Hook RG29 1DU Erection of 3 no. dwellings, associated access and landscaping following demolition of existing bungalow Mr T Lyons CONSULTATIONS EXPIRY 7 August 2013 APPLICATION EXPIRY 4 July 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION Cllr Stephen Gorys Grant Permission Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 67

89 BACKGROUND This application was first brought to Committee in July. Following a site visit, Members were of the view that while the site was suitable for redevelopment and a greater amount of development, the proposed dwellings were cramped within the site. This was evidenced by the size of the gardens for Plots B and C being similar to the ground floor areas of the properties. It was therefore felt, as family housing, there would have been insufficient amenity space for the properties. The application was deferred to seek amended plans showing either: *Reduction in the size of the dwellings to create more space around and between properties, including gardens more in proportion to the dwellings they are to serve or *Reduction in the number of properties proposed. (in either case parking for visitors should be included) With a view to the application being returned to the Planning Committee for reconsideration. Amended plans were received on showing a reduction in the size of the dwellings and a change to the layout. The original report to the July Planning Committee is provided in Appendix A; insofar as it remains relevant that forms part of the consideration of this application. This report will set out the revised proposals and analyse them in relation to the Committee s deferral. PROPOSAL The amended plans show a reduction in the size of the dwellings and a change to the layout. The changes have been summarised below: *The proposal is now for 1 x 3 bed; 1 x 4 bed; 1 x 5 bed dwellings (as opposed to 3 x 5 bed dwellings). The total floor area of the three dwellings has been reduced from 706 square metres to 655 square metres. *Unit A has been reconfigured and set further back. *The gap between units B and C has been widened from 3 metres to 4 metres. *Garden dimensions to plots B and C have been increased both proportionately to the size of the dwelling and garden depth. The depth of the garden for plot B has been increased from 10.5 metres to 12.5 metres, and plot C has been increased from 11 metres to 13 metres. *Each property has 4 parking spaces as per previous plans; albeit a change in the layout as a result of the change to the size and layout of the properties. Three additional visitor parking spaces have been provided. *Removal of tree south of unit A. CONSULTEE RESPONSES Odiham Parish Council have been notified of the amended plans. Any response received will be reported on the Addendum report. 68

90 Highways Officer (Internal): Having reviewed the revised plans, it is noted that as well as visitor parking added, all parking for all the plots has been revised. As I requested on the previous layout, I would like to see swept path analysis for a large car reversing out of each parking bay to confirm they can manoeuvre adequately within the site. Also as before I require a swept path analysis for a fire tender accessing the site turning and driving out in a forward gear. Cycle storage is within the proposed double garage which are to be 6m x 6m minimum in size. The access driveway tapering in as you pass the bin collection point. I wish to maintain the 4.1m width for a long as possible. This is the absolute minimum width for 2 cars to pass. To avoiding the request for passing places could the applicant please ensure that the widths reflect the previous site plan. It appears that this request will not affect the visitors parking but the grassed area to the north may need to be amended. No highway objection subject additional information as described above. NEIGHBOUR RESPONSES Neighbours have been re-notified of the amended plans. Two letters of objection have been received regarding the amended plans which state that the previous reasons for objection stand, specifically mentioning traffic flows and the number of dwellings proposed. Any further responses received will be reported on the Addendum report. CONSIDERATIONS The proposed dwellings have been reduced in size. The change to the location, shape and orientation of Unit A has resulted is a greater separation between the first floor elements of this property and Unit C. The gap between Units B and C has been widened from 3 metres to 4 metres. It is considered that the reduction in the size of the dwellings together with the greater separation distances results in a more spacious development in line with the committee deferral reasons. The gardens areas for Units B and C have been increased in depth by 2 metres. The shape of the garden for Unit C has been changed as a result of the change in the location, shape and orientation of the property; the garden is 10 metres wide and extends to 47 metres at its longest point. It is considered that these gardens are sufficient in site for the family housing proposed. Each property has 4 parking spaces as per previous plans; albeit a change in the layout as a result of the change to the size and layout of the properties. Three visitor parking spaces have been provided as recommended. The number of spaces provided is satisfactory and complies with Hart District Council s Parking Provision Guidance. It appears that there would be sufficient turning facilities within the site; confirmation is awaited from swept path analysis drawings which the applicant has been asked to produce; this will be commented on further on the addendum report. Therefore it is considered that the revised scheme has met the criteria set out by Members at the Planning Committee at the July meeting. 69

91 Consideration of the impact of the proposed changes on other planning issues must also be considered: *Neighbour amenity- The change in the location, shape and orientation of Unit A results in it being closer to the new property located southeast of the site. The southeast elevation of Unit A would be located approximately 5 metres from the common boundary with the new property and 16 metres, at its nearest point, to the northwest elevation of the new property. It is considered that this is sufficient separation not to give rise to unacceptable levels of overlooking in a rural settlement where some degree of indivisibility is inevitable. However, to protect the amenities of the new property it is considered that any windows in the southeast side elevations of Unit A should be obscure glazed. *Community Infrastructure and Mitigation- A Planning Obligation in the form of a Unilateral Undertaking has been submitted which more than mitigates for reduced amount of development now proposed. *Trees- An additional tree south of Plot C is proposed to be felled as it is in poor health. The trees on site are not protected and this tree does not have significant amenity or landscape value. Its loss would be mitigated by new planting proposed in the development. CONCLUSION The site lies within the settlement of North Warnborough where development is acceptable in principle. It is considered that the revised scheme has met the criteria set out by Members at the Planning Committee at the July meeting. The development would be in character with the area and there would be sufficient spaces around and between the proposed properties. Subject to conditions relating to the height of the properties and obscure glazing the development would not have an adverse impact on adjoining amenity. Similarly sufficient parking and turning can be secured by condition. Adequate mitigation for the impact of the development on community infrastructure has been secured by a Planning Obligation. As such the proposal complies with relevant national and local policies. RECOMMENDATION Grant permission CONDITIONS 1 No development shall commence before approval of the details of the scale and appearance of the proposed development, and the landscaping of the site (hereinafter called the "reserved matters") has been obtained from the Local Planning Authority in writing. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this planning permission. The development hereby permitted shall be begun either before the expiration of 3 years from the date of this permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved whichever is the sooner. Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended) and to prevent an accumulation of unimplemented planning permissions. 70

92 2 The form of the development, that is the disposition of the buildings and the relative heights of the various sections, shall be broadly in accordance with the details shown on drawing FS.01 A. No dwelling shall exceed two storeys in height. Reason: To ensure that the development remains in character to the local area and to comply with saved local plan policy RUR20. 3 Each property shall be provided with four car parking spaces, either within garages or car ports or within the individual curtilage of the relevant property, and there shall be two visitor parking spaces, before the properties are first occupied. The parking so provided shall be permanently kept available for such use once provided. Reason: To ensure adequate car parking and to comply with saved local plan policy GEN1. 4 Any window at first floor level in the north elevation of Plot A, the northwest elevation of Plot B and the southeast elevation of Plots A and C shall be completed in obscure glazing and shall permanently be kept thereafter in such condition. Reason: To prevent unacceptable overlooking and to comply with saved local plan policy GEN1. 5 No development or demolition work or delivery of materials shall take place at the site except between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No development or demolition work or deliveries of materials shall take place on Sundays or Public Holidays. Reason To protect the amenity of nearby residential occupiers and to satisfy saved policy GEN1 of the Hart District Local Plan. 6 No work shall take place until details of the means of protection, including method statements where appropriate, for all trees, hedges, hedgerows and shrubs on site, unless indicated as being removed, have been submitted to and approved in writing by the Local Planning Authority. The trees, hedges, hedgerows and shrubs shall be retained and protected in accordance with the approved details for the duration of works on the site and for at least five years following occupation of the approved development, unless otherwise agreed by the Local Planning Authority. Any such vegetation immediately adjoining the site shall be protected on the site in a similar manner for the duration of works on the site. Any such vegetation removed without the Local Planning Authority's consent, or which die or become, in the Authority's opinion, seriously damaged or otherwise defective during such period shall be replaced and/or shall receive remedial action as required by the Authority. Such works shall be implemented as soon as is reasonably practicable and, in any case, replacement planting shall be implemented by not later than the end of the following planting season, with planting of such size and species and in such number and positions as may be agreed with the Authority in writing. Reason To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy GEN1 of the Hart District Local Plan. 71

93 7 Before the development hereby permitted is first occupied the refuse storage point shown on drawing FS.01 A shall be provided and thereafter kept available. Reason: To ensure adequate amenity for the proposed occupiers. 8 In line with the recommendations in the bat survey report section 6.5, bat bricks should be incorporated into the design of the proposed dwellings. Reason: To provide enhancements for biodiversity in line with national and local planning policy. INFORMATIVES 1 The applicant is advised that as access to the site is across a public footpath: All vehicles, including those of contractors and deliveries, would be accessing the site via a public footpath and should give way to public users at all times. Any damage caused to the surface of the public footpath by construction traffic will be required to be restored to the satisfaction of the Rights of Way Officer, to not less than its minimum width, on the completion of the build. Hampshire County Council, as Highway Authority, is not obliged to provide a surface suitable for the passage of vehicles. It only has a duty to maintain a right of way to a standard commensurate with its expected normal public use There must be no surface alterations to the footpath, nor any works carried out which affect its surface, without prior permission of Hampshire County Council, as Highway Authority. For the purposes of this proposal that permission would be required from this department of the County Council. To carry out any such works without this permission would constitute an offence under s131 Highways Act We would therefore urge the applicant to contact us as soon as possible to discuss any such proposed work. Nothing connected with the development or its future use should have an adverse effect on the footpath, which must remain available for public use at all times. 2 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance: The applicant was advised of the necessary information needed to process the application. The applicant was advised of the issues relating to access and turning within the site during the processing of the application and submitted amended plans to address these concerns. Consequently the application was considered acceptable. The applicant was advised of the issues relating to community infrastructure as part of the processing of the application and was assisted to complete a Section 106 Planning Obligation to address these concerns. Consequently planning permission could be granted. The applicant was advised of the committee recommendation of deferral and submitted amended plans to meet the criteria as set out by Members. 72

94 Appendix A APPENDIX A 13/00962/OUT July 2013 Committee Report APPLICATION NO. LOCATION PROPOSAL APPLICANT 13/00962/OUT Glen Haven Dunleys Hill Odiham Hook RG29 1DU Erection of 3 no. dwellings, associated access and landscaping following demolition of existing bungalow Mr T Lyons CONSULTATIONS EXPIRY 11 July 2013 APPLICATION EXPIRY 4 July 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION Cllr Stephen Gorys Grant Permission Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 73

95 BACKGROUND INFORMATION The application is reported to Committee at the request of Cllr Gorys for the following reason: I am concerned about this application as it seems to be cramped form of development as well as possibly being over development of the site. Cllr Crookes had no reason to call it on to the committee. Amended plans receive 13/6/13 showing amended parking and turning layout. SITE DESCRIPTION Glen Haven is located on the east side of Dunleys Hill. It is set behind the frontage development and is accessed off a joint access to three other properties which is also Footpath 70 of Odiham Parish. The footpath then divides with Footpath 17 passing to the north of the site. The site is relatively flat and is surrounded by significant vegetation, but this is typical of an ornamental domestic garden rather than woodland trees. A very small proportion of the site in the southeast corner falls within the Odiham Conservation Area, as is the land to the east. Glen Haven itself is a bungalow although all the surrounding properties are houses. The main part of the site, excluding the access, has an area of ha. PROPOSALS This outline application with access and layout for consideration proposes the erection of three detached houses. The layout submitted with the application shows that the existing access would be utilised and dwellings would be provided with two dwellings (B and C) backing on to Dolham and Selbey which front Dunleys Hill and one in the north part of the site. The layout shows a single garage for Plot 1 and double garages for Plots 2 and 3. There would be no alterations to the public footpath. Three existing trees on the boundaries would be retained, although the layout seems to imply that the remaining vegetation would be removed. CONSULTEES RESPONSES Odiham Parish Council object to this planning application on the grounds that the site would be over developed and the layout is un-sympathetic and not appropriate to the surroundings. Odiham parish council believes two properties would be more suitable for the plot. We would also like to express ours and residents concern that Thames Water does not recognise the increased burden that this proposal would place on the already overtaxed waste water facilities serving Odiham and North Warnborough. Conservation/Listed Buildings Officer (Internal) The site is located to the rear of the road, behind existing properties. Various plots within the area have been subdivided for similar developments. The site bounds the conservation area and therefore views into and across are important to maintain. The principle of development and the position, design and layout of the proposed is acceptable, subject to the impact of height and scale on the significance of the conservation area. No objection in principle, subject to elevations Thames Water Property Services Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. 74

96 With regard to sewerage infrastructure we would not have any objection to the above planning application. Streetcare Officer (Internal) The residents of the 3 houses will keep their bins at the collection point (which should really be named a storage point if we are being particular) They will then wheel them from this storage point out to St Johns Road for collection. All collections are kerbside and not from collection points. If residents choose to store their bin next to their home at a later date and wheel it all the way out to the kerbside then that is up to them but the storage point provided will prevent them having to wheel their bin further than they should. Ecology Consult (Internal) The internal and external bat survey found no potential for the building to support roosting bats and therefore no further survey work was recommended. The report also suggests that enhancement opportunities exist for bats under the proposed scheme and I support this suggestion. Although the presence of roosting bats has been determined as being unlikely the applicants should be aware that if a bat is discovered during demolition then work should immediately cease and Natural England should be contacted. A licence may be required for the work to proceed lawfully. I have no objection to this application subject to a condition. County Rights Of Way Group Odiham Footpaths Nos 17 and 70 would be affected by the proposal and whilst the existence of Odiham Footpath No 17 along the northern boundary of the site is acknowledged, we could find no mention of Odiham Footpath No 70 anywhere in the submission. The proposed access to the site from Dunleys Hill is along the whole of Odiham Footpath No 70 and a short section of Odiham Footpath No 17 and these paths are refethe applicants need to be aware that they should satisfy themselves that they have this authority, either by owning the land over which the footpaths run, or alternatively having been granted permission by the landowner and that this permission extends to any additional development. We note that these public footpaths fall within the red line boundary and that Certificate C has been completed. This would seem to suggest that such authority does not exist.rred to throughout the submission as simply " a private road ". In a recent case, in a different Planning Authority area, where the existence of lawful private vehicular access over a non-vehicular public right of way was questioned, the Authority sought legal advice. Counsel's opinion was that the issue could be covered by a negative Grampian condition, suitably worded, to ensure that no development would take place until full details of any established private vehicular rights over the public right of way had been provided. In any event we must object to the proposal in its current form. The access along the footpath is narrow and potentially hazardous for walkers and whilst vehicles may already gain access to Foxgloves and Glen Haven, the tripling of dwellings on this plot would lead to an unacceptable increase in conflict between walkers and vehicles. This would particularly be a problem during the construction period when large vehicles and plant would need to use the route. In the event that planning permission is granted please impose an informative. 75

97 Highways (Internal) Access is via a private road off the B3349 Dunley's Hill. This private road serves 4 dwellings including the existing bungalow. The site uses an existing access and the applicant has provided speed data showing an 85%tile speeds northwest bound are 33.5mph in dry and 31mph in wet weather. Visibility is indicated as 2.4m x 42m. I believe the additional traffic generated by the new development and the visibility for the existing access would mean there would not be any detrimental effect on the highway safety and therefore the access onto Dunley's Hill is deemed adequate. Site access from the private road is 3.2m wide which is adequate for both pedestrian and vehicular access. The access drive is 4.1m wide which is adequate for 2 cars to pass. HDC Planning team determine the parking provision for residential applications. I will make the point that there is no provision for visitor parking and this may encourage vehicles to park on the private road accessing the site which may cause congestion and if parking is close to the exit onto Dubley's Hill may cause visibility issues. There appears to be sufficient room for cars to manoeuvre from parking bays. However I will need an accurate Swept Path Analysis for a large car reversing out of parking spaces for all plots to ensure they enter and exit the site in a forward gear. Revised plans submitted showing a large car and emergency vehicle tracking as requested. These appear adequate although once the full application is submitted I will be able to review these further. Particularly in respect of the kerb alignment, revised to accommodate the swept path analysis for the service vehicle. Bin stores need to be shown. Highways contribution of 13,176 toward scheme reference HDC0217 (Cycle and Pedestrian route Improvements linking Hook, North Warnborough, and Odiham) in the Hart Transport Statement adopted September NEIGHBOUR COMMENTS Seventeen letters of objection from the occupiers of six properties have been received raising the following main points: Over development by being cramped Density out of keeping - this is both at a dwelling and population level Loss of light Overlooking leading to loss of privacy Dangerous access Inadequate parking Inadequate turning Noise and disturbance - both during construction, from increased use of garden areas and from traffic accessing completed site Concern at location of bin collection point Effect on users of public Right of Way Loss of trees Disproportionate - contrary to Local Plan Policy RUR23 Loss of hedgerow - shown to be removed, but on adjoining land Has appropriate publicity been undertaken Land ownership disputes 76

98 Interruptions to water and sewerage Various alleged inaccuracies in application relating to number of dwellings on site, extent of site and other matters POLICY AND DETERMINING ISSUES Conservation Areas are designated by the District Council. New development is allowed within Conservation Areas but in considering whether to grant planning permission for new development or to allow demolition within a conservation area, special attention must be paid to the desirability of preserving or enhancing the character or appearance of that area (Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990). Public rights of way are legally highways and anyone may use them at any time. However, there are different types. The public can walk on all of them, but some have extra rights to ride a horse, cycle or drive a vehicle. There are legal tests that have to be satisfied and procedures that have to be gone through before a way can be said to be a public right of way or before a right of way can be created, diverted or closed. Hart District Council Local Plan (Replacement) GEN1 - General policy for development CON13 - Conservation Areas General Policy CON23 - Devl affecting public rights of way CON8 - Trees, Woods & Hedgerows Amenity Value RUR20 - Housing in rural settlements T14 - Transport and Development T16 - Improvements Made Necessary by Dev CONSIDERATIONS Principle of Development The site lies within the settlement of North Warnborough as defined in the adopted Local Plan. Here residential development is acceptable under saved policy RUR20 subject to various criteria which will be discussed below. Policy RUR23 quoted by an objector relates to the countryside and is not applicable. The postal address is, of course, Odiham and this has led to some of confusion over the address used by the applicant. Impact on character and appearance of the area The site lies behind the development facing Dunley s Hill, but this is typical of the area with a number of other properties in similar form. Properties in the area are of varying size, and if anything the existing bungalow is atypical of the area. Similarly curtilages in the area vary considerably, with Glen Haven being the largest by some margin, and Foxgloves, next door, being the smallest. The only prevailing character to the area is of detached two storey houses and this would be maintained by the proposal. The NPPF indicates that development should respond to local character. Design policies should concentrate on the overall scale, density, massing, height, landscape, layout, materials and access in relation to neighbouring dwellings. 77

99 While the three properties proposed would all be quite large, they would all have reasonable or large gardens and would not be cramped within the site. There would be space to the boundaries and it would be possible by condition to ensure that the properties were only two storeys in height. The precise design to be covered at the reserved matters stage and should take the character of the area in to account. The application form indicates that there are two dwellings on site; the bungalow and an annexe. However, planning records only indicate a single property. Objectors maintain this is material. While the density will increase, either by the number of dwellings or the number of people living on the site, this in itself is not a good measure since a larger number of smaller dwellings could have the same population density and the same number of smaller dwellings would have the same dwelling density. What is of more import is whether the properties would be cramped or out of keeping. For the reasons set out above, on this enclosed site, this is not the case. Within the terms of saved policy RUR20 the density is considered appropriate, scale can be restricted by condition and design will be dealt with at the reserved matters stage. The proposal does not involve the loss of important area of open land, it is not distinguishable as such at present, and does not result in the loss of any natural feature. The mix of properties sizes should be dealt with at the reserved matters stage. The proposal therefore complies with saved policy RUR20. Impact on and of adjoining occupiers The access passes the entrances to Floxgloves and Deer Park Lodge and the amount of traffic would increase. However, both properties are set some way back from the access, in the case of Foxgloves by 14m (although the access would be 7m at its closest point), and 25m for Deer Park Lodge (7m, with Footpath 17 intervening, at the closest point). Properties of this size would create approximately 12 movements per day, and it is considered that this would not lead to unacceptable noise and disturbance. Currently the boundaries to the site to the south and southeast are 3 to 4m high. The application shows these to be removed, but objectors state that they control them and will not have them removed. Plot 1 is in a discrete location whereby any windows in the front or rear elevations would only overlook within the site. The side elevations would also not have a material impact. Plots 2 would look, in its rear elevation, towards Dolham to the southwest; this would be some 30m distant. There may be oblique views towards Selby at 35m. The side elevation would look down the entrance drive and have an oblique view to Foxgloves at 14m. Plot 3 would similarly look towards Selby with oblique views to Dolham; the distances would be 30m and 35m respectively. Plot C could also have an elevation (the southeast) looking towards the rear of the garden of Endymion and oblique views (25m) to the house and a new property to the southeast at a distance of 20m. Taken individually it is considered that there is sufficient separation between the various properties for the new dwellings not to give rise to unacceptable levels of overlooking in a rural settlement where some degree of indivisibility is inevitable. However, to protect the amenities of Foxgloves, Endymion and the new property it is considered that any windows in the side elevations of Plots 2 and 3 should be obscure glazed. There would be some overlooking from the rear elevation of Foxgloves towards Plot 2, but at 12m this is considered not to be such as to lead to unacceptable levels of amenity particularly as any occupier would be purchasing the situation and the hedge to Foxgloves is likely to remain. Given these distances it is considered that there is sufficient separation to ensure that the proposed properties would not give rise to material loss of light to the adjoining properties. Access and impact on Public Right of Way Saved local plan policy GEN1 requires a safe access and appropriate turning. Saved policy CON23 indicates that development will not be permitted which would seriously detract from the amenity and consequent recreational value of well-used footpaths and other public rights of way in the 78

100 countryside close to main settlements by reducing their rural character or detracting from significant views. For the reasons given by the Local Highway Authority it is considered that as amended the proposal would have a satisfactory access and adequate turning on site and would not cause harm to highway safety. As this site is within the rural settlement policy CON23 is not applicable as this only applies to sites in the countryside, however, the principles behind it will apply as good planning. The only section of Footpath 70 which would be affected relates to that portion between Dunley s Hill and the main entrance to the site. Here there will be an increase in traffic from the additional vehicles already utilising the entrance. However, from the average movements above and given that it already has the traffic from Deer Park House and Foxgloves it is considered that this will not be material. Certainly the setting of the right of way would not be materially affected. Parking Saved policy GEN1 seeks to ensure adequate parking is available. The Council has adopted parking standards for development and this site falls within Area 3; the least sustainable. As an outline application the size of the properties is not known although the layout drawing does state that they would each have 5 bedrooms. If this is the relevant parking standard is 4 spaces per unit, allowing for visitors parking. As an outline application the internal layouts of the buildings are not shown, but it is clear that there is parking in a mixture of external parking and garage/car ports. By use of a relevant condition it would be possible to ensure that development delivered parking to the relevant standard. Impact on Odiham Conservation Area A small part of the site lies within the Odiham Conservation Area. Saved Policy CON13 seeks to ensure that developments conserve or enhance the character or appearance of conservation areas, reflecting the test in Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act The part of the site within the conservation area is not affected by the development and thus will be preserved. The main portion of the conservation area lies to the east in the Deer Park which is Character area One in the Conservation Appraisal. Here, the District Council will continue to protect the setting of Odiham through the strict enforcement of policies contained within the Local Plan and will resist applications for change which would have a detrimental effect on the land adjoining, or on the edges of, the conservation area. Because there is an existing hedge along the northeastern boundary of the site which is to be retained the only change visible from the Deer Park would be that a two storey house will be seen over its height rather than a single storey bungalow. However, there are existing two storey properties already glimpsed so that the character of the conservation area would be preserved and saved policy CON13 would be complied with. Community Infrastructure and Mitigation Members are referred to Annex A to this report for the policy justification for contributions towards Community Infrastructure and the SPA. A Planning Obligation in the form of a Unilateral Undertaking has been submitted in the sums set out below. SPA The site is further than 5km from the SPA and as such no mitigation is necessary. Transport To mitigate the impacts of this development a contribution of 11,460 towards HDC0217 (Cycle and Pedestrian route Improvements linking Hook, North Warnborough, and Odiham) in the Hart Transport Statement adopted September 2012 is sought. This will ensure that the development mitigates its effect on the transport network and comply with the relevant policies of the Local Plan. 79

101 It should be noted that there is an arithmetic error in the response of the Local Highway Authority due to a misunderstanding over the size of the existing property and the correct figure is given above. Leisure At a District level the site lies in an area where visitor data indicates that future occupants would be likely to visit Basingstoke Canal, Odiham Wharf and Odiham Common. As such a contribution of 3,816 should be sought to mitigate the effects of the development on strategic leisure provision. Within Odiham Parish there are identified leisure projects which will mitigate the impact of the future occupiers of the development on existing leisure facilities, particularly the North Warnborough recreation ground and provision of allotments. Consequently a contribution of 7,644 would be appropriate to mitigate the impacts of the development. Education The site lies within the catchment for the Robert May secondary school. Due to the current shortage of school places it is appropriate to seek a contribution of 11,460 towards secondary education facilities. However, there is adequate existing capacity at primary level.other matters The application site extends to the public highway as is often the case. However, the ownership of this is not known so the applicant has published a notice in the press that the application has been made. This does not relate to the main body of the site where the owner is known. Any works outside the ownership would need the other parties consent, however, there is nothing in this to prevent the planning permission being implemented were that to be granted. Land ownership disputes are not a planning matter. As stated in its response Thames Water has no objection to the proposal. In the absence of any evidence to the contrary drainage is therefore not a constraint on development. A bin collection point is provided and an appropriate informative can be drafted. While there will be the loss of some vegetation as stated in the site description this is largely ornamental and its loss would be mitigated by new planting in any gardens created. As shown through a bat survey and ecological statement, and as agreed by the Council s Ecologist, it is considered that there would not be a detrimental impact on this protected species. Publicity for the application has taken place in accordance with the Council s Statement of Community Involvement. CONCLUSION The site lies within the settlement of North Warnborough where development is acceptable in principle. The development would be in character with the area and there would be sufficient spaces around and between the proposed properties. Subject to conditions relating to the height of the properties and obscure glazing the development would not have an adverse impact on adjoining amenity. Similarly sufficient parking and turning can be secured by condition. Adequate mitigation for the impact of the development on community infrastructure has been secured by a Planning Obligation. As such the proposal complies with relevant national and local policies. RECOMMENDATION - Grant Permission CONDITIONS 1 No development shall commence before approval of the details of the scale and appearance of the proposed development, and the landscaping of the site (hereinafter called the "reserved matters") has been obtained from the Local Planning Authority in writing. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this planning permission. 80

102 The development hereby permitted shall be begun either before the expiration of 3 years from the date of this permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved whichever is the sooner. Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended) and to prevent an accumulation of unimplemented planning permissions. 2 The form of the development, that is the disposition of the buildings and the relative heights of the various sections, shall be broadly in accordance with the details shown on Think Architecture drawing 115 SK07 revision C. No dwelling shall exceed two storeys in height. Reason: To ensure that the development remains in character to the local area and to comply with saved local plan policy RUR20. 3 Each property shall be provided with four car parking spaces, either within garages or car ports or within the individual curtilage of the relevant property before the property is first occupied The parking so provided shall be permanently kept available for such use once provided. Reason: To ensure adequate car parking. 4 Any window at first floor level in the north elevation of Plot 1, the northwest elevation of Plot 2 and the southeast elevation of Plot 3 shall be completed in obscure glazing and shall permanently be kept thereafter in such condition. Reason: To prevent unacceptable overlooking. 5 No development or demolition work or delivery of materials shall take place at the site except between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No development or demolition work or deliveries of materials shall take place on Sundays or Public Holidays. Reason To protect the amenity of nearby residential occupiers and to satisfy saved policy GEN1 of the Hart District Local Plan. 6 No work shall take place until details of the means of protection, including method statements where appropriate, for all trees, hedges, hedgerows and shrubs on site, unless indicated as being removed, have been submitted to and approved in writing by the Local Planning Authority. The trees, hedges, hedgerows and shrubs shall be retained and protected in accordance with the approved details for the duration of works on the site and for at least five years following occupation of the approved development, unless otherwise agreed by the Local Planning Authority. Any such vegetation immediately adjoining the site shall be protected on the site in a similar manner for the duration of works on the site. Any such vegetation removed without the Local Planning Authority's consent, or which die or become, in the Authority's opinion, seriously damaged or otherwise defective during such period shall be replaced and/or shall receive remedial action as required by the 81

103 Authority. Such works shall be implemented as soon as is reasonably practicable and, in any case, replacement planting shall be implemented by not later than the end of the following planting season, with planting of such size and species and in such number and positions as may be agreed with the Authority in writing. Reason To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy GEN1 of the Hart District Local Plan. 7 Before the development hereby permitted is first occupied the refuse storage point shown on Think Architecture drawing 115 SK07 revision C shall be provided and thereafter kept available. Reason: To ensure adequate amenity for the proposed occupiers. 8 In line with the recommendations in the bat survey report section 6.5, bat bricks should be incorporated into the design of the proposed dwellings. Reason: To provide enhancements for biodiversity in line with national and local planning policy. INFORMATIVES 1 The applicant is advised that as access to the site is across a public footpath: All vehicles, including those of contractors and deliveries, would be accessing the site via a public footpath and should give way to public users at all times. Any damage caused to the surface of the public footpath by construction traffic will be required to be restored to the satisfaction of the Rights of Way Officer, to not less than its minimum width, on the completion of the build. Hampshire County Council, as Highway Authority, is not obliged to provide a surface suitable for the passage of vehicles. It only has a duty to maintain a right of way to a standard commensurate with its expected normal public use There must be no surface alterations to the footpath, nor any works carried out which affect its surface, without prior permission of Hampshire County Council, as Highway Authority. For the purposes of this proposal that permission would be required from this department of the County Council. To carry out any such works without this permission would constitute an offence under s131 Highways Act We would therefore urge the applicant to contact us as soon as possible to discuss any such proposed work. Nothing connected with the development or its future use should have an adverse effect on the footpath, which must remain available for public use at all times. 2 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance: The applicant was advised of the necessary information needed to process the application. The applicant was advised of the issues relating to access and turning within the site during the processing of the application and submitted amended plans to address these concerns. Consequently the application was considered acceptable. The applicant was advised of the issues relating to community infrastructure as part of the processing of the application and was assisted to complete a Section 106 Planning Obligation to address these concerns. Consequently planning permission could be granted. 82

104 APPLICATION NO. LOCATION PROPOSAL APPLICANT COMMITTEE REPORT ITEM NUMBER: /01023/HOU CONSULTATIONS EXPIRY 1 July 2013 APPLICATION EXPIRY 24 July 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION 17 Dunmow Hill Fleet Hampshire GU51 3AN Erection of part single, part two storey pitched roof rear extension and first floor extension Mr Reg Leather Cllr Mrs Sharyn Wheale Grant Permission Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 83

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107 BACKGROUND The application is presented to the Planning Committee at the request of Cllr Wheale who has concerns about the possibly overbearing impact and potential loss of light. THE SITE The property is a two storey detached house located on the north-east side of Dunmow Hill in the urban settlement of Fleet. The property dates from the early part of the C20th and has brick walls at ground floor and render at first. The slate roof is hipped with a wide front gable. There is a single integral garage and the property has a deep single storey extension at the rear. The rectangular plot comprises some 0.8 hectares and is generally level but the adjacent properties are at slightly different levels due to the road sloping down from the NW-SE. The front boundary of a low wall and railings encloses a traditional front garden. There is an open driveway with parking for two vehicles. At the rear the garden is laid mainly to lawn, surrounded by high hedges, trees and some 1.8m fencing. A row of conifers straddling the south-east boundary are covered by a Tree Preservation Order. Dunmow Hill is a quiet residential street with a mix of early to mid C20th detached dwellings in generous plots. All are set well back into their plots with traditional enclosed front gardens. PROPOSAL The application seeks consent to erect a two storey and single storey rear extension. The extension would 'square off' the rear of the property, coming across at the same level as the rear elevation of the existing extension. It would measure 7.5m deep and 5.9m wide. Above this a first floor would be built which would be 9.9m wide (the whole width of the existing building) and 5m deep on the NW side and 4.3m deep on the se side, this is due to the staggered nature of the existing first floor. The roof would be two unequal gables - the main one on the SE side would continue at the same level as the existing at 7.2m high and the smaller gable would be at the same pitch but only 6.2m high. The remaining single storey element, a depth of 3.5m would have a mono pitch roof 3.6m high. There are some internal alterations to create an open plan kitchen/living area. PLANNING HISTORY FLU Erection of garage with bedrooms over. Approved HDC Single storey rear extension. Approved CONSULTEES RESPONSES Fleet Town Council Objection due to lack of plans to proposed layout. 86

108 Tree Officer (Internal) I have looked at the application and I have no objection to the proposal subject to the following conditions: -Pre-commencement Site Meeting Prior to the commencement of construction a pre-commencement site will be held between the appointed building contractor, the appointed arboricultural specialist and the LPA Tree Officer. At the meeting the details of the arboricultural method statement will be discussed and all of the positions of the tree protection will be agreed in accordance with the agreed Arboricultural Development Report dated 20th February Standard Tree Protection Condition -Foundation Condition The foundations of the new extension will be constructed in accordance with the agreed document which is titled 'Method statement for the construction of the piled foundations', dated 13th May During preliminary excavations for the mini piles the appointed arboricultural specialist will be present onsite to ensure that the disruption to the roots is kept to a minimum. NEIGHBOUR COMMENTS Representations have been made by both neighbours raising the following issues: - Loss of light - Overbearing impact, especially as significant level changes - Health of the protected trees - Out of character - Possible damage to foundations and an old well by the pile driven foundations - Loss of privacy if tree crown is raised - Lack of parking POLICY AND DETERMINING ISSUES A tree preservation order is an order (TPO) is made by the Council in respect of trees or woodlands. The principal effect of a TPO is to prohibit the cutting down, uprooting, topping, lopping, wilful damage, or wilful destruction of trees without the Council's permission. Protection also extends to preventing the cutting of any roots. Hart District Council Local Plan (Replacement) GEN1 - General policy for development GEN4 - General Design Policy URB1 - Definition of Areas URB16 - Extensions CON5 - Nature conserv Species Protected T14 - Transport and Development CON8 - Trees, Woods & Hedgerows Amenity Value 87

109 CONSIDERATIONS * Principle Saved Policy URB1 defines the urban settlements As the property lies within the Fleet urban settlement boundary, where there is a presumption in favour of development, it is considered that the principle of development to a residential property is acceptable subject to compliance with relevant national and Local Plan policies and that there is no unacceptable harm. * Design and appearance, character of the area Saved Policies GEN1(i), GEN4 and URB16(i) permit development where the proposal is well designed, is in keeping with the local area and sympathetic to the existing dwelling. The proposed extension are at the rear and would not be immediately apparent when viewed from the front. The design continues the form of the existing building using matching materials and is considered appropriate and sympathetic to the existing dwellinghouse. The plot is generous, so there would not be a cramped appearance or an unacceptable loss of amenity space. Dunmow Hill generally comprises large dwelling in generous plots, so the resultant building would not be out of keeping with the overarching character of the area. As such, it is considered that the proposal would comply with Council policy in terms of design and appearance. * Neighbour amenity Saved Policies GEN1(iii) and URB16(iii) permit development where there would be no material loss of amenity to adjoining residential uses. The property to the SE, No.19 Dunmow Hill is set much further back into the plot and is at a lower level than the application property such that the whole of the proposed extension and existing house would be forward of No.19 and visible from the front windows. However there are a number of very tall protected conifers along the boundary which quite effectively screen the application property and block a considerably amount of light. Therefore, given these circumstances, it is considered that the proposal would not result in any material loss of loss or visual intrusion to No.19. The additional window to be inserted into the side elevation would overlook the front driveway - or what would be visible of it through the trees - and as this is already in the public domain, it is considered that in this instance there would be no unacceptable loss of privacy. The property to the NW, No.15 Dunmow Hill, is a detached property with the building line aligned with that of No.17. No extensions have been added to this property, therefore the rear elevation of the proposed first floor extension would extend approximately 4.8m beyond the rear elevation of the neighbouring house, although the single storey element would extend no further than existing. There is about 2.5m separation between the adjacent flank elevations with shrubs and a small conifer along the boundary; the window nearest to the proposed extension on No.15 is a pair of French doors with glazed panels. When applying the '45 degree rule', a rule of thumb method suggested by the Building Research Establishment (BRE) for assessing loss of light, the proposal would comply with these guidelines in the vertical plane but not in the horizontal. In these instances a judgement must be made, taking into account factors such as the size of the window, existing buildings, the orientation of the property etc. Given the window is a fairly large 88

110 one and the extension would only have to be reduced by 0.6m to comply with the 45 degree rule in both planes and the gable nearest the boundary would be much lower than the larger gable on the other side at 6m high, it is considered that there would be no material loss of light or overbearing impact to No.15. Therefore the proposal would comply with saved policies GEN1 and URB16 in this regard. * Impact on the trees Saved Policy CON8 allows development that does not have an adverse effect on the long term health of trees with amenity value. An arboricultural report and method statement have been submitted with the application. The Councils Tree Officer has raised no objections to the proposals subject to conditions. * Parking Saved Policies GEN1(vii) and T14 requires that developments have adequate arrangements for the parking and servicing of vehicles. The Councils parking standards require that 3.25 spaces should be provided for a 4 or more bedroomed house in Zone 1. The 0.25 space is for visitor parking and can be provided off site if this is considered appropriate. The parking layout shows 3 spaces available on site and although Dunmow Hill has some parking restrictions, there are also some stretches which are unrestricted. Therefore, it is considered that the parking arrangements would be adequate. * Biodiversity Policy CON5 requires that development should not have an adverse effect on protected species or their habitats. Under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. Government advice in the NPPF recommends that Local Planning Authorities should 'aim to preserve or enhance biodiversity (para. 118)'. However, the measures taken to protect a species or their habitats should be proportionate and should not aim at zero risk (Communication from the Commission on the Precautionary Principle. Commission of the European Communities. Brussels ). The property falls within the trigger list prepared by the Bat Conservation Trust, of properties likely to provide a suitable habitat for bats due its age and proximity to Fleet Pond. However, a report has been submitted to show that the loft is used for storage with lighting, the roof and soffits are in a good condition and no evidence of bats has been found. Therefore, it is unlikely to provide a suitable habitat for this protected species. The LPA has considered the possible impact of the development and can be reasonably certain that biodiversity would not be adversely affected. Therefore the proposal would comply with saved policy CON5 and advice in the NPPF. * Other matters 89

111 The Right to Light and possible damage to existing structures are covered by other legislation and are not material planning considerations. CONCLUSION The design and appearance is acceptable and there would be no harm to the street scene or material loss of amenity to the neighbouring properties. Biodiversity would not be adversely affected and the parking arrangements are considered adequate. Therefore the proposal would comply with the relevant saved Policies of the Local Plan and national planning guidance. RECOMMENDATION - Grant Permission CONDITIONS 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 91 of the Town and Country Planning Act 1990 (as amended). 2 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in type, colour, texture and bond, those on the existing building, unless otherwise agreed in writing by the Local Planning Authority. Reason To ensure a satisfactory visual relationship of the new development with the existing building and to satisfy saved policy GEN1 of the Hart District Local Plan. 3 Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (as amended) (or any Order revoking or re-enacting this Order with or without modification) no additional windows or doors shall be constructed in the flank elevations of the extension hereby permitted. Reason In the interest of the privacy of the occupiers of the adjoining property/properties and to satisfy saved policy GEN1 of the Hart District Local Plan. 4 No works shall take place until a pre-commencement site meeting has been held between the appointed building contractor, the appointed arboricultural specialist and the LPA Tree Officer. At the meeting the details of the arboricultural method statement will be discussed and all of the positions of the tree protection will be agreed in accordance with the agreed Arboricultural Development Report dated 20th February Reason To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy CON8 of the Hart District Local Plan. NOTE: Contact the Tree Officer on The foundations of the new extension will be constructed in accordance with the agreed document which is titled 'Method statement for the construction of the piled foundations', dated 13th May During preliminary excavations for the mini piles the appointed 90

112 arboricultural specialist will be present onsite to ensure that the disruption to the roots is kept to a minimum. Reason To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy CON8 of the Hart District Local Plan. 6 All works shall proceed in accordance with the Arboricultural method statement submitted with this application unless otherwise agreed in writing by the Local Planning Authority. The trees, hedges, hedgerows and shrubs shall be retained and protected in accordance with the approved details for the duration of works on the site and for at least five years following occupation of the approved development, unless otherwise agreed by the Local Planning Authority. Any such vegetation immediately adjoining the site shall be protected on the site in a similar manner for the duration of works on the site. Any such vegetation removed without the Local Planning Authority's consent, or which die or become, in the Authority's opinion, seriously damaged or otherwise defective during such period shall be replaced and/or shall receive remedial action as required by the Authority. Such works shall be implemented as soon as is reasonably practicable and, in any case, replacement planting shall be implemented by not later than the end of the following planting season, with planting of such size and species and in such number and positions as may be agreed with the Authority in writing. Reason To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy CON8 of the Hart District Local Plan. INFORMATIVES 1 The applicant is advised to make sure that the works hereby approved are carried out with due care and consideration to the amenities of adjacent properties and users of any nearby public highway or other rights of way. It is good practice to ensure that works audible at the boundary of the site are limited to be carried out between 8am and 6pm Monday to Friday, 8am and 12 noon on Saturdays with no working on Sunday and Bank Holidays. The storage of materials and parking of operatives vehicles should be normally arranged on site. 2 The applicant is advised that under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. If any evidence of bats is found on site, Natural England must be informed and a licence for development obtained from them prior to works continuing. For further information go to or contact Natural England (S.E. regional office) on The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the applicant was advised of the necessary information needed to process the application and, once received, the application was acceptable and no further engagement with the applicant was required. 91

113 APPLICATION NO. LOCATION PROPOSAL APPLICANT COMMITTEE REPORT ITEM NUMBER: /01070/FUL CONSULTATIONS EXPIRY 16 July 2013 APPLICATION EXPIRY 13 August 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION 76 Frogmore Road Blackwater Camberley GU17 0DF Erection of a three bedroom attached house adjacent to existing property Mr Ian Nicholson Cllr Kulwant Lit Approve with Pre Conditions Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 92

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119 BACKGROUND This application is reported to the Planning Committee at the request of Councillor Lit to consider the parking provision for the development. THE SITE The application site has an area of approximately 560 square metres and is located on the east side of Frogmore Road in Blackwater. It contains 76 Frogmore Road which is a two storey semidetached dwelling with facing bricks on the ground floor and stone cladding on the first floor elevations. There is a parcel of land to the south of 76 Frogmore Road in Blackwater, which previously formed part of the residential curtilage of this dwelling. The rear and side boundaries of the site are enclosed with 1.8 metre close board fencing. There is low level fencing across the front of the site, with a gap for vehicular access to the side of the dwelling. There is an area of grass to the side of the dwelling which is used as informal car parking. The application site is relatively level. There are a few trees near the boundary of the site; however these are not protected and are unlikely to be unaffected by the proposed development. PROPOSAL The proposal is for the erection of a three bedroom attached dwelling. There would be a carport area for number 76 immediately adjacent to the existing dwelling, the ground floor of the proposed dwelling would adjoin this carport and would measure approximately 4.2 metres wide and 11 metres deep. The first floor would go over the carport so would be wider than the ground floor at approximately 7.3 metres wide. The first floor element would be between 4.7 and 6.7 metres deep. The dwelling would be two storey in overall height, with the roof being subservient to that of the attached dwelling at number 76 by approximately 1.3 metres. The proposed materials would match 76 Frogmore Road. A parking plan has been provided within the application which shows that there would be two spaces for 76 Frogmore Road and two spaces for the new dwelling. RELEVANT PLANNING HISTORY 13/00194/FUL- Erection of a 3 bedroom attached house adjacent to existing property- permission refused. Reason for refusal: The development proposal fails to provide adequate on-site parking provision to accord with the adopted parking standards. As such, additional on street parking would occur, to the detriment and safety of existing highways users. This fails to accord with the requirements of the Development Plan policies GEN1 and T14 and the requirements of the adopted Parking Standards. 98

120 The dwelling proposed here was largely similar to the current proposal, but was 0.5 metres deeper at the front, whereas the current proposal has been stepped back to facilitate adequately sized parking spaces. 13/00166/HOU- Erection of a 1st floor rear extension- permission granted 2013 (not implemented). CONSULTEES RESPONSES Yateley Town Council: Objection 1) Concern was expressed that the proposed parking arrangements were still not sufficient. 2) The proposed additional dwelling would have a cramped and inappropriate impact on the street scene. Highways (Internal): My previous comment raised concerns about pedestrian accessibility within the proposed driveway. The revised drawings show the driveway with room for 2 cars to park (2.4x4.8) and 0.9m for pedestrian accessibility both as primary access and bin /cycle access. The drawings show separate pedestrian access to No 76 which is acceptable. The proposed car port is 3m wide which is acceptable. Parking provision is determined by the planning team at HDC. These were my main concerns which have now been addressed. All other comments including the Transport Contribution are still relevant. No highway objection Leisure (Internal): Using the table at 4.1 for calculation purposes a contribution is requested in the total sum of 1272 towards Hart District Council leisure infrastructure. Reference is made to The Leisure Strategy adopted by Council October 2007 and available on the Leisure and Environmental Promotion website. Individual sub paragraphs within the Strategy refer to specific elements of the Strategy. Three annex documents relevant to this Leisure Strategy identify the future district and local projects schedules and the tariff as adopted by the Hart District Council Cabinet on 2nd Dec All documents are available at For ease of review the contribution per dwelling is reproduced in table 4.1below and the contributions include a 5% District Council monitoring and collection fee. 99

121 TABLE 4.1 Bedrooms Strategic district wide projects Local/parish areas Drainage (Internal): No comments received. Streetcare Officer (Internal): No comments required. Please note all waste and recycling containers will be collected from the kerbside of Frogmore Road. Thames Water: With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system. NEIGHBOUR COMMENTS Three letters of objection have been received which raise the following main points: *Closing gap between dwellings would be harmful to the area *On site parking would reduce on street parking *Insufficient space to reverse safely into the proposed parking spaces *Overlooking *Sewerage problems POLICY AND DETERMINING ISSUES Areas where there may a potential for contamination either from past activities of land fill but the extent of which may not be known. The development lies within 5km of the Thames Basins Heath Special Protection Area (SPA). This is an area that has been identified as being of international importance for the breeding, feeding, wintering or the migration of rare and vulnerable species of birds found within European Union countries. They are European designated sites, classified under the Birds Directive 1979 which provides enhanced protection given by the Site of Special Scientific Interest (SSSI) status all SPAs also hold. New residential development in particular must be strictly controlled within areas up to 5km from SPA's unless appropriate mitigation strategies have been put in place. The development lies within 500m of a Site of Special Scientific Interest (SSSI). SSSI's are designated by Natural England and are the country's very best wildlife and geological sites. They 100

122 are legally protected under the Wildlife and Countryside Act 1981, as amended by the Countryside and Rights of Way (CROW) Act 2000 and the Natural Environment and Rural Communities (NERC) Act Hart District Council Local Plan (Replacement) GEN1 - General policy for development GEN4 - General Design Policy URB1 - Definition of Areas URB12 - Residential Development Criteria CON1 - Nature Conserv European Designations CON2 - Nature Consern Designations CON5 - Nature conserv Species Protected T14 - Transport and Development T16 - Improvements Made Necessary by Dev South East Plan NRM6 - THAMES BASIN HEATHS SPECIAL PROTECTION A CONSIDERATIONS *Principle of development The site lies within the urban settlement boundary of Blackwater. Saved policy URB12 allows residential development provided that it is sympathetic in scale, design, massing, height, layout, siting and density. As such the principle of development is acceptable subject to meeting the relevant criteria. *Design and impact on the street scene Saved policy URB12 allows new residential development provided that the proposal is sympathetic in scale, design, massing, height, layout, siting and density, both in itself and in relation to adjoining buildings, spaces and views. Saved policies GEN1 and GEN4 permit development where, amongst other requirements, the design, scale, materials, massing, height, and prominence of the proposal is in character with the local area. The National Planning Policy Framework (NPPF) paragraph 56 states that the Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. Paragraph 59 states that development should be appropriate in overall scale, height, density, massing, landscape, layout and materials. 101

123 The Hart Urban Characterisation and Density Study 2010 identifies the site as being located within the North Blackwater neighbourhood, which is characterised with Victorian/Edwardian residential development and the design guidance states that any extensions to these buildings would need to be sensitive to the character and appearance of the dwellings, using matching materials and roof profiles. The design was found to be acceptable on the previous application 13/00194/FUL. The only change is that part of the dwelling would be stepped back 0.5 metres to facilitate the parking spaces to the front of the dwelling. This is considered acceptable in design terms. The site is located within an area where there is a variation in both the design and the mass/scale of the dwellings, with no overall character prevailing. The proposed development would be in keeping with the size, scale and proportions of developments within the surrounding area. Its overall appearance would not appear at odds with the dwellings which are along Frogmore Road. The materials would match those on 76 Frogmore Road. Therefore it is considered that the design and appearance of the proposed dwelling would be acceptable and would not have a detrimental impact on the character of the street scene. As such it would comply with saved policies GEN1, GEN4 and URB12 of the Local Plan and the NPPF. *Impact on the neighbouring properties Saved policies GEN1 and URB12 state that proposals will only be permitted where they avoid the material loss of amenity to existing and adjoining residential uses and cause no material loss of amenity to adjoining residential uses through loss of privacy, overlooking or the creation of shared facilities. The impact on neighbour amenity was found to be acceptable on the previous application 13/00194/FUL. The only change is that part of the dwelling would be stepped back 0.5 metres to facilitate the parking spaces to the front of the dwelling. This would not result in any further impact on neighbour amenity. 72 Frogmore Road is located south of the application property. Concern has been raised regarding overlooking. There would only be one first floor window on the south side elevation of the dwelling. This would serve a bathroom; a condition can ensure that this window is glazed with obscure glass and only the parts above 1.7 metres above the finished floor level are opening to protect privacy. Windows on the rear elevation of the dwelling would face directly down the rear garden of the application property therefore any views of neighbouring gardens would be at oblique angles. The rear elevation of the proposed dwelling would be approximately in line with the rear elevation of number 72 therefore it is considered that it would not result in an overbearing impact or a material loss of light. Given the separation distance and window locations on number 76 Frogmore Road it is considered that there would be no material harm to the occupiers of this dwelling either. Therefore it is considered that the proposed development would not be detrimental to the amenities of any of the neighbouring properties so would comply with saved policies GEN1 and URB

124 *Parking and highways issues Saved policy GEN1 (vii) permits development which has adequate arrangements on site for access, servicing or the parking of vehicles. Saved policy T14 states that development must have adequate provision for highway safety, access and internal layout and parking. Hart Districts Council's Parking Provision Guidance (adopted in 2008) provides parking provision standards based on three 'zones of accessibility' within the District, Zone 1 being the most accessible areas and Zone 3 being the least accessible area. The application site is located within zone 2 which states that for a property of this size 3.5 parking spaces are required (the decimals are for visitor parking). The plans show that there would be four parking spaces (two for 76 Frogmore Road and two for the proposed new dwelling). The previous application 13/00194/FUL was refused on a lack of on site parking provision. Whilst the plans showed four spaces as proposed on this current application, there was insufficient space on the proposed driveway for two parking spaces and adequate pedestrian access to the property. Therefore effectively there was only one parking space for the proposal. The dwelling has been reduced in depth by 0.5 metres to ensure that there is space for two adequately parking spaces and pedestrian accessibility to the dwelling. The Highways Officer has been consulted and is satisfied that the driveway is sufficient in size for two parking spaces. The proposal still falls below the required parking provision set out in the parking provision guidance as it provides two parking spaces for 76 Frogmore Road and the proposed new dwelling rather than the three advised in the guidance, plus a visitor space. It is considered unreasonable in this instance to request an extra visitor space. Allocated visitor car parking spaces are to some degree inefficient as whilst there are time, such as evenings and weekends, when residents are likely to receive significant numbers of visitors in cars, this demand can to some degree be offset by other residents being away at the same time. As the site is in a sustainable urban location close to bus routes it is considered that two parking spaces per property rather than the recommended three would be acceptable in this instance. It would be in keeping with the on site parking provision in the local area as most dwellings were built before the current parking guidance was introduced. There is already some on street parking which occurs which does not appear to cause any highway safety or material detrimental impact to the amenities of the local area. Concern has been raised that on site parking would reduce on street parking. Whilst this is true, it is likely that on street parking would only be reduced by one space, it is considered that this could not warrant a reason for refusal. A new access is proposed for the property. The Highways Officer is content that the visibility is adequate. The new driveway has vehicles potentially reversing from the driveway onto the highway. Although not ideal, as the speeds of the traffic is relatively low (either approaching or driving away from the junction with Darby Green Road) and all the neighbouring houses have the same access arrangements, particularly the existing house connected with the application, it would not be reasonable to request on site turning for this site. 103

125 A shed has been provided for cycle storage. Therefore the proposed development would comply with saved policies GEN1 and T14. *Impact on biodiversity Saved policy CON5 states that planning permission will not be granted for development that would have a significant adverse effect on plant or animal species or their habitats protected by law unless conditions are attached or planning obligations entered into requiring the developer to secure their protection. The applicant has provided a statement which concluded that no roofspace would be affected. The proposal would adjoin the roof of number 76 therefore there would be some impact, albeit minimal. The application property was constructed pre The roof appears to be in a good state of repair and the dwelling is not located within 200 metres of woodland or water. Therefore the property does not fall within the trigger list of buildings likely to provide a suitable habitat for bats and therefore it is considered unnecessary to request a full bat survey. An informative can be added to the decision to state that if any evidence of bats is found on site, Natural England must be informed and a European Protected Species Licence for development obtained from them prior to works continuing. It can reasonably be concluded that no protected species would be harmed and therefore the proposal complies with saved policy CON5. *Climate change The NPPF paragraph 93 states that planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy. The applicant has provided an energy statement which provides an initial indication that code level 3 would be met; this can be secured via condition. *Community Infrastructure and Mitigation Please refer to Annex A to this report for the policy justification for contributions towards Community Infrastructure and the SPA. SPA: The site is located within 5km from the nearest component of the SPA. Under the Avoidance Strategy a total contribution of 6,607 towards the Hawley Meadows SANG and 669 towards the SAMM would ensure that the development does not have a significant effect on the SPA and consequently comply with the relevant policies of the Local and South East Plans. Transport: To mitigate the impacts of this development a contribution of 4,014 towards scheme reference L106 (incorporate safety measures including lining, signs and new crossing points at schools on 104

126 Green Lane, Frogmore Road and Reading Road ) in the Hart Transport Statement adopted September 2012 is sought. This will ensure that the development mitigates its effect on the transport network and complies with the relevant policies of the Local Plan. The contribution sought by the Highways Authority towards transport schemes is based on the number of bedrooms and hence future occupiers and associated increase in multi-modal trips. Leisure: At a District level the site lies in an area where visitor data indicates that future occupants would be likely to visit Frogmore Leisure Centre. As such a contribution of 1,272 should be sought to mitigate the effects of the development on strategic leisure provision. At the parish level there are identified leisure projects which will mitigate the impact of the future occupiers of the development on existing leisure facilities: for example a skate park and improvements to Hearsey Gardens play area. Consequently a contribution of 2,548 would be appropriate to mitigate the impacts of the development. Conclusion: Provided that a legal agreement is completed to secure the financial contributions as detailed above, there would be sufficient mitigation for the proposal's impact on community infrastructure and the SPA. *Other issues Concern has been raised regarding potential building over a sewer. This is not a planning issue and would be dealt with by Thames Water and/ or Building Regulations legislation. CONCLUSION The site is located within the settlement boundary of Blackwater wherein there is a general presumption in favour of development. It is considered that the design and appearance of the proposed new dwelling is acceptable and that there would be no material detrimental impact on the character of the local area, neighbour amenity, biodiversity, highway safety or local parking provision. Provided that a legal agreement is completed to secure financial contributions as mitigation for the impact on community infrastructure and the SPA the proposed development would comply with the relevant saved policies of the Hart District Local Plan and with the NPPF. RECOMMENDATION - Approve with Pre Conditions A. Subject to the completion of a Section 106 Agreement by 14.08,13, to secure a financial contribution towards the Hawley Meadows SANG, local transport infrastructure, and district leisure and open space projects, then Permission GRANTED subject to the following conditions: 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 91 of the Town and Country Planning Act 1990 (as amended). 105

127 2 No development shall take place until further details of the cycle shed have been submitted and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with approved details. Reason To ensure that the external appearance of the buildings is satisfactory and to satisfy saved policy GEN1 of the Hart District Local Plan. 3 No development shall take place until details of measures to be taken to prevent mud and spoil from vehicles leaving the site during the construction works being deposited on the public highway and measures to be taken for the parking and turning on site of operatives and construction vehicles during the construction period have been submitted to and approved by the Local Planning Authority in writing. The agreed measures shall be fully implemented before the development commences. Such measures shall be retained throughout the duration of the construction period. Reason In the interests of highway safety and to satisfy saved policy GEN 1 in the Hart District Local Plan. 4 The dwellings shall achieve a Code Level 3 in accordance with the requirements for the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. Reason To satisfy saved policy GEN1 in the Hart District Local Plan and the guidance in the NPPF. 5 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in type, colour, texture and bond, those on the existing building, unless otherwise agreed in writing by the Local Planning Authority. Reason To ensure a satisfactory visual relationship of the new development with the existing building and to satisfy saved policy GEN1 of the Hart District Local Plan. 6 The approved access and parking facilities for vehicles shall be available prior to the occupation of the development hereby approved and thereafter be retained for these purposes and access shall be maintained at all times to allow them to be used as such. Reason To ensure that the development is provided with adequate parking to prevent the likelihood of on-street car parking and to satisfy saved policy GEN1 in the Hart District Local Plan. 7 The approved cycle storage facilities shall not be used for any purpose other than the storage of cycles. Reason To ensure that the development is provided with adequate cycle storage and to satisfy saved policy GEN1 in the Hart District Local Plan. 106

128 8 The new driveways shall either be made of porous materials, or provision shall be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwelling. Reason To comply with saved policies GEN1 and GEN11 of the Hart District Local Plan. 9 No development or demolition work or delivery of materials shall take place at the site except between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No development or demolition work or deliveries of materials shall take place on Sundays or Public Holidays. Reason To protect the amenity of nearby residential occupiers and to satisfy saved policy GEN1 of the Hart District Local Plan. 10 Notwithstanding the details provided the first floor window on the south side elevation of the dwelling (bathroom window) hereby permitted shall be glazed with obscure glass, and shall be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed, unless otherwise agreed in writing by the Local Planning Authority. The windows shall be retained as such. Reason To prevent overlooking of adjoining properties and to satisfy saved policy GEN1 of the Hart District Local Plan. 11 Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (as amended) (or any Order revoking or re-enacting this Order with or without modification) no additional first floor windows or openings shall be constructed in the north or south side elevations of the development hereby permitted. Reason In the interest of the privacy of the occupiers of the adjoining properties, the character of the local area, and to satisfy saved policy GEN1 of the Hart District Local Plan. B. Should the requirements set out in A above not be satisfactorily secured, then the Head of Planning Services be authorised to REFUSE permission for the following reasons: 1 The site is located within 5km of the Site of Special Scientific Interest (SSSI) which forms part of the Thames Basin Heaths Special Protection Area (SPA). In the absence of any evidence that the test of no alternatives under Regulation 62 of The Conservation of Habitats and Species Regulations 2010 can be satisfied, or evidence that there are grounds of overriding public interest, the proposed development, either alone or in combination with other plans or projects, would be likely to have a significant adverse effect on the SPA. As such the proposal is contrary to saved policies CON1 and CON2 in Hart District Local Plan, and policy NRM6 in the South East Plan. 2 The proposed development would give rise to additional detrimental impacts on the transport infrastructure. As such the proposal is contrary to paragraph and saved policy T16 in the adopted Hart District Local Plan. 107

129 3 The proposed development would exacerbate the existing deficiency in provision for leisure facilities within the vicinity of the site. As such the proposal is contrary to paragraph in the adopted Hart District Local Plan (Replacement) and Hart District Council's adopted Leisure Strategy. INFORMATIVES 1 The Councils works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the application as submitted was acceptable and no further engagement with the applicant was required. 2 The applicant is advised that under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. If any evidence of bats is found on site, Natural England must be informed and a licence for development obtained from them prior to works continuing. For further information go to or contact Natural England (S.E. regional office) on The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the applicant was advised of the issues relating to community infrastructure/impact on a European site as part of the processing of the application and was asked to complete a Section 106 Planning Obligation to address these concerns and offered assistance in this. However, it was not completed within a reasonable period of time, of which the applicant was advised. Consequently planning permission was refused for the reasons set out above. 108

130 APPLICATION NO. LOCATION PROPOSAL APPLICANT COMMITTEE REPORT ITEM NUMBER: /01122/FUL CONSULTATIONS EXPIRY 24 July 2013 APPLICATION EXPIRY 14 August 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION Cherrywood Cottage Reading Road North Fleet Hampshire GU51 4HT Erection of detached dwelling and garage and relocation of existing access. Millen Homes LTD Cllr Alan Oliver Approve with Pre Conditions Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 109

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134 BACKGROUND This application is reported to the Planning Committee at the request of Councillor Oliver for the following reason: Grounds -Loss of Trees in Conservation area (x65) -Garden In-Fill Development in Conservation Area SITE The application site is located on the southwest side of Reading Road North in Fleet. The application site is located in the North Fleet Conservation Area and is well-treed. The application site has an area of approximately 0.70 hectares, is rectangular in shape and is generally level. There is a large amount of mature planting within the site and on the boundary. The rearmost part of the garden is essentially a small pocket of woodland. The trees on site are protected by virtue of their siting within the Conservation Area and by an Area Tree Preservation Order from Cherrywood Cottage is a substantial detached building finished with white painted brickwork and a plain clay tiled roof. There is a detached double garage to the front of the property. There is an in and out driveway to the property. The surrounding neighbourhood is almost exclusively residential, comprising substantial detached houses in large individual plots. PROPOSAL The proposal is for the erection of a detached five bedroom dwelling and garage on land to the rear of Cherrywood Cottage. The new dwelling would be located approximately 48 metres south of Cherrywood Cottage. The maximum dimensions of the proposed dwelling are 16.4 metre wide, 9.6 metres deep and 8.8 metres to ridge falling to 5.1 metres to the eaves. There would be a detached garage with studio over served by rooflights. The maximum dimensions of the garage are 6 metre wide, 9 metres deep and 6.4 metres to ridge falling to 2.2 metres to the eaves. The walls of the proposed development would be finished with render/ tile hanging and the roof would be constructed from plain clay roof tiles. The existing dwelling has an in and out driveway; the southern access point would be used for Cherrywood and the northern for the new dwelling. One of the access points would be relocated slightly to the west. The driveway to the new dwelling would have a turning area allowing vehicles to enter and exit in a forward gear. There would also be passing places along the drive. The proposal involves tree removal and tree planting. There would be 1.8 metre close board fencing to separate the two plots. CONSULTEES RESPONSES Fleet Town Council: Objection, due to loss of 65 trees in the conservation area. Concerns about access at dangerous point in the road due to different gradients in the road. 113

135 Planning Officer should ensure the plot meets density requirement in the Conservation Area. Conservation Officer (Internal): No objection. Condition: External materials and finishes if not detailed on plans Tree Officer (Internal): Cherrywood Cottage is a heavily treed site, which best categorised as a wooded garden with the majority of the trees located at the bottom of the rear garden, and up the northern edge of the property. The site is located within the North Fleet Conservation Area and is also within an Area TPO that covers the property - ref: TPOHDC This means that any tree that was growing on this site up to the point that the TPO was created comes under this protection. The predominant species of tree on the site are Scots Pines, with Oak, Sweet Chestnut, Beech and Silver Birches interspersed. There are other species present around the site, however they are few and far between. The tree survey supplied by the appointed arboricultural consultant has recorded 175 individual and groups on this site and has categorised them as A, B, C and U in accordance with British Standard 5837:2012. The majority of the Scots Pines have long slender trunks with a small amount of foliage at the top. The proposal outlines that a number of these trees will have to be removed to facilitate the development as well as to remove trees which have an impaired condition or defects present. The vast majority of the removals will be C category trees which are considered to be in reasonable condition, however they are not considered to be outstanding specimens or of such significance that there removal could not be mitigated by the planting of replacement trees. The wooded area around the proposed development is a mono-culture which means that trees are of a singular age which in theory will establish, mature and die at a similar time. The obvious problem with this is that the treed area diminishes very quickly and should a replanting program be undertaken once the trees start to decline or die then any newly planted trees will take along to time to establish. With this taken into consideration the management of the wooded area should not be confined to the near future but it should take into account the future viability of the this wooded area and that of the North Fleet Conservation Area. To mitigate the loss of the some of the trees, the development proposal does include a planting specification to which will bulk up the wooded area to the far end of the rear garden whilst suggesting planting at other reasonable and prominent positions around the property. A total of 43 trees are proposed to be planted on the site to mitigate the loss of trees due to development and poor health/condition. The details in the preliminary arboricultural impact plan outline the constraints on the site, however there has been no arboricultural method statement submitted to demonstrate the method that will be used to avoid damage to retained trees. To meet this requirement it will be necessary for an arboricultural method statement to be submitted under a planning condition. Other conditions are also necessary. Highways (Internal): Access: The existing dwelling Cherrywood Cottage retain its in and out driveway, The existing access is retained to serve the new dwelling incorporating a turning area allowing vehicles to turn allowing them to enter and exit in a forward gear. 114

136 As the existing access are retained I will not be reviewing the visibility, although visibility of 2.4 x 120m is provided. The replacement garage for Cherrywood Cottage is subject to a future application, and is shown for indicative purposes only. There is sufficient parking within the existing driveway for Cherrywood Cottage. The new access has no detrimental on turning manoeuvres on the existing driveway. Bin store is located 20m from the entrance allowing the refuse freighter to collect the bins from the roadside. This is adequate. The driveway is approx. 80m long and the applicant has provided 2 passing places along its length giving a width of 4.8m allowing 2 vehicles to pass. This is adequate. Cycle storage: The proposed double garage is 6m x 6m which will provide adequate cycle. storage. Transport Contribution: This application will increase the number of multi-modal trips for the proposed development, and therefore a Transport Contribution should be directed toward scheme reference HDC0047 (L42) cycle link between Hart Leisure Centre to Elvetham Heath in the Hart Transport Statement adopted September Calculation for Transport Contribution is as follows: 1 No. 4+ bedroom property 1 x 5,730 = 5,730 Total contribution required = 5,730 No highway objection subject to payment of transport Contribution Drainage (Internal): No comments received. Streetcare Officer: In reference to the collection of waste and recycling all containers will be collected from Reading Road North. I can not tell from the plans if the square labelled 'B' is a storage area for bins. If it is not then an area big enough to store 2 wheeled bins and a glass box should be provided ideally within 15metres of the road to prevent the resident having to wheel their bins or carry their glass boxes any distance greater than this. Leisure: Recommendation: Using the table at 4.1 at for calculation purposes a contribution is requested in the total sum of 1908 towards Hart District Council leisure infrastructure. i.e. 1 x 5 bedroom = 1908 Reference is made to The Leisure Strategy 2007 ' 2017 adopted by Council October 2007 and available on the Leisure and Environmental Promotion website. Individual sub paragraphs within the Strategy refer to specific elements of the Strategy. Three annex documents relevant to this 115

137 Leisure Strategy identify the future district and local projects schedules and the tariff as adopted by the Hart District Council Cabinet on 2nd Dec All documents are available at For ease of review the contribution per dwelling is reproduced in table 4.1below and the contributions include a 5% District Council monitoring and collection fee. TABLE 4.1 Bedrooms Strategic district wide projects Local/parish areas Thames Water Property Service: With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system. With regard to sewerage infrastructure we do not have any objection. NEIGHBOUR COMMENTS Fourteen letters of objection have been received (from twelve objectors) raising the following main points: *Loss of trees *Pressure to fell trees in the future *Harm to character of Conservation Area *Precedent *Neighbour amenity- loss of privacy, overbearing *Highways safety of new access *Impact on biodiversity *Noise and disturbance during construction *Reference to previous refusal 03/00402/FUL for 26 dwellings *Discrepancies between planning drawings and arboricultural drawings. Officer comment- the dimensions have been checked and they are correct. POLICY AND DETERMINING ISSUES Article 4 Directions are issued by the Council in exceptional circumstances where specific control over development is required, primarily where the character of an area of acknowledged importance would be threatened. The presence of an Article 4 Direction does not preclude development but simply requires planning permission to be secured from the Council before any specified works take place. 116

138 Conservation Areas are designated by the District Council. New development is allowed within Conservation Areas but in considering whether to grant planning permission for new development or to allow demolition within a conservation area, special attention must be paid to the desirability of preserving or enhancing the character or appearance of that area (Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990). The development lies within 5km of the Thames Basins Heath Special Protection Area (SPA). This is an area that has been identified as being of international importance for the breeding, feeding, wintering or the migration of rare and vulnerable species of birds found within European Union countries. They are European designated sites, classified under the Birds Directive 1979 which provides enhanced protection given by the Site of Special Scientific Interest (SSSI) status all SPAs also hold. New residential development in particular must be strictly controlled within areas up to 5km from SPA's unless appropriate mitigation strategies have been put in place. A tree preservation order is an order (TPO) is made by the Council in respect of trees or woodlands. The principal effect of a TPO is to prohibit the cutting down, uprooting, topping, lopping, wilful damage, or wilful destruction of trees without the Council's permission. Protection also extends to preventing the cutting of any roots. Hart District Council Local Plan (Replacement) GEN1 - General policy for development GEN4 - General Design Policy URB1 - Definition of Areas URB12 - Residential Development Criteria URB18 - North Fleet Conservation Area CON1 - Nature Conserv European Designations CON2 - Nature Consern Designations CON5 - Nature conserv Species Protected CON8 - Trees, Woods & Hedgerows Amenity Value T14 - Transport and Development T16 - Improvements Made Necessary by Dev South East Plan NRM6 - THAMES BASIN HEATHS SPECIAL PROTECTION A CONSIDERATIONS *Principle of Development The site lies within the urban settlement boundary of Fleet. Saved policy URB12 allows residential development provided that it is sympathetic in scale, design, massing, height, layout, siting and 117

139 density. As such the principle of development is acceptable subject to meeting the relevant criteria. *Design and impact on the North Fleet Conservation Area Saved policy URB12 allows new residential development provided that the proposal is sympathetic in scale, design, massing, height, layout, siting and density, both in itself and in relation to adjoining buildings, spaces and views. Saved policies GEN1 and GEN4 permit development where, amongst other requirements, the design, scale, materials, massing, height, and prominence of the proposal is in character with the local area. Saved policy URB18 sets out that in order to retain the high quality of the residential environment within the specific areas of the North Fleet Conservation Area, residential development at the following densities will be permitted subject to other supporting criteria. For Reading Road North, reflecting the supporting plot density map, this would be dwelling on plots of more than approximately 0.2 hectares. Saved policy CON13 states that proposals for development which fail to meet the objectives of conserving or enhancing the character or appearance of a designated conservation area will not be permitted. The North Fleet Conservation Area character appraisal and management proposal (2010) outlines a number of key characteristics for Reading Road North and the immediate area: * Large detached two-storey houses set back from the road in spacious plots. * Very sylvan character with groups of conifers and mixed deciduous trees * Property boundaries defined by trees and hedging The National Planning Policy Framework (NPPF) paragraph 56 states that the Government attaches great importance to the design of the built environment. The main part of the application plot (minus the long access drive) is approximately 0.34 hectares in size, leaving Cherrywood Cottage with a plot size of approximately 0.27 hectares. This clearly meets the density requirements as set out in saved policy URB18. This type of backland development is not common in Reading Road North. However given that it is level with properties in Glendale Park it does generally fit in the form of development at this end of Reading Road North. Furthermore, from the public domain the character would be largely unchanged. The existing property has an in and out driveway which would be utilised for the proposed development. The proposed dwelling would be screened by Cherrywood. Furthermore the new garage would be set back approximately 90 metres from Reading Road North and there would screening from trees. The new access drive would be the most visible aspect of the new development from the public domain, but again would be softened by existing and proposed trees therefore would not be overly prominent. Therefore it is considered that the development would preserve the character and appearance of the Conservation Area. The general design and proposed materials for the dwelling and garage are considered acceptable and make reference to design styles in the local area. Concern has been raised that the character of the Conservation Area would be harmed by the loss of trees. A substantial number of trees would be removed; but as explained by the Tree Officer these are not outstanding species, and 43 replacement trees are proposed which will 118

140 mature at a different time to these currently within the Area. As such it is considered that there would be no material harm to the character of the Area. It is considered that the proposed dwelling would have sufficient amenity space and as such would not put significant pressure for trees to be removed in the future. Therefore it is considered that the proposal would be acceptable in design and appearance and would not result in any material harm to the character of the North Fleet Conservation Area. As such the proposal would accord with saved polices GEN1, GEN4, URB12, URB18 and CON13 and the North Fleet Conservation Area Appraisal. *Impact on trees Saved policy CON8 states that where development is proposed which would affect trees, woodlands or hedgerows of significant landscape or amenity value planning permission will only be granted if these features are shown to be capable of being retained in the longer term. Cherrywood Cottage is a heavily treed site, which best categorised as a wooded garden with the majority of the trees located at the bottom of the rear garden, and up the northern edge of the property. The site is located within the North Fleet Conservation Area and is also within an Area TPO that covers the property - ref: TPOHDC The proposal involves removing a number of trees to facilitate the development as well as removing those which have an impaired condition or defects present. The vast majority of the removals would be C category trees which are considered to be in reasonable condition, however the Council's Tree Officer considered that they are not outstanding specimens or of such significance that their removal could not be mitigated by the planting of replacement trees. An indicative planting plan with 43 replacement trees has been provided with the planning application. In addition the wooded area around the proposed development is a mono-culture which means that trees are of a singular age which in theory will establish, mature and die at a similar time. The new planting proposed is therefore encouraged as this will maintain the appearance of the Conservation Area in the long term. Therefore the proposal would comply with saved policy CON8 of the Hart Local Plan. *Impact on neighbour amenity Saved policies GEN1 and URB12 state that proposals will only be permitted where they avoid the material loss of amenity to existing and adjoining residential uses and cause no material loss of amenity to adjoining residential uses through loss of privacy, overlooking or the creation of shared facilities. Hadley is located northwest of the application side. The proposed new driveway would be 3.5 metres at its nearest point from the side elevation of Hadley. Given this separation distance and the low numbers of trips likely to serve one dwelling it is considered that there would be no material harm to the occupiers of this dwelling in terms of noise or disturbance. Numbers 2 and 3 Glendale Park are also located northwest of the application site (to the rear of Hadley). The proposed dwelling would be roughly in line with number 3; however as there would be a separation distance of 23 metres between the front elevation of the dwelling and the 119

141 common boundary and 41 metres between the front elevation of the proposed dwelling and the rear elevation of 3 Glendale Park it is considered that it would not result in an overbearing impact or result in any loss of privacy. In addition there would be screening from trees. The proposed garage would be located metres from the common boundary with 2 and 3 Glendale Park and metres from the rear elevations of these houses. The garage is substantial in size and would have a first floor studio; however there would be no windows on the rear elevation so there would be no loss of privacy. It now needs to be considered whether it would be an overbearing impact. There is a group of trees between the garage and the boundary with 2 and 3 Glendale which are proposed to be retained; this group contains sycamore, laurel, downy birch, aspen, and pedunculate oak. Whilst these would provide screening in the summer months these species are all deciduous. Therefore in the event that permission is granted it is recommended that there should be additional evergreen planting to soften the visual impact of the garage from the neighbouring properties. Kandy Cottage is located southeast of the application site. The rear elevation of the proposed dwelling would be located approximately 18 metres from the rear side boundary with Kandy Cottage. Given this separation distance it is considered that there would be no material harm. There would be no harm to the occupiers of properties on Fitzroy Road which would adjoin the site to the rear given large separation distances and dense tree screening. Therefore it is considered that there would be no material harm to the occupiers of any of the adjoining properties so the proposal would comply with saved policies GEN1 and URB12. *Access and Parking Saved policy GEN1 (vii) permits development which has adequate arrangements on site for access, servicing or the parking of vehicles. Saved policy T14 states that development must have adequate provision for highway safety, access and internal layout and parking. Hart Districts Council's Parking Provision Guidance (adopted in 2008) provides parking provision standards based on three 'zones of accessibility' within the District, Zone 1 being the most accessible areas and Zone 3 being the least accessible area. The application site is located within zone 2 which states that for a property of this size 3.5 parking spaces are required (the decimals are for visitor parking). The plans show that there would be a triple garage for the new property; however one space could not be used for parking as it is partly taken up by the staircase leading to the first floor studio. The plans also show three parking spaces on the driveway. Therefore a total number of five spaces would be provided which exceeds the recommendation in the parking guidance. The garage is sufficient in size to provide cycle storage. There would be sufficient room for vehicles to turn and leave the site in a forward gear. The garage for Cherrywood would be demolished to facilitate the driveway for the new property. The site plan shows that there are four parking spaces on the existing driveway which again exceeds the recommendation in the parking guidance. It also indicates a location for a possible replacement garage; however this does not form part of this planning application so cannot be taken into account. There would be sufficient room for vehicles to turn and leave the site in a forward gear. 120

142 The existing dwelling Cherrywood Cottage has an in and out driveway; one access would be used for Cherrywood Cottage and one would be used for the new dwelling. The Council's Highways Officer is content with this access arrangement. The driveway is approximately 80 metres long and the applicant has provided two passing places along its length giving a width of 4.8 metres allowing two vehicles to pass, this is adequate. Bin store is located 20 metres from the entrance allowing the refuse freighter to collect the bins from the roadside; this is also adequate. Therefore the proposed development would comply with saved policies GEN1 and T14. *Impact on biodiversity Saved policy CON5 states that planning permission will not be granted for development that would have a significant adverse effect on plant or animal species or their habitats protected by law unless conditions are attached or planning obligations entered into requiring the developer to secure their protection. The existing garage would be demolished. The garage was constructed circa 1993 and is in a good state of repair. A bat assessment was provided with the planning application which found no evidence of bats. The property does not fall within the trigger list of buildings likely to provide a suitable habitat for bats and therefore it is considered unnecessary to request a full bat survey. An informative can be added to the decision to state that if any evidence of bats is found on site, Natural England must be informed and a European Protected Species Licence for development obtained from them prior to works continuing. It can reasonably be concluded that no protected species would be harmed and therefore the proposal complies with saved policy CON5. *Climate change The NPPF paragraph 93 states that planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy. The applicant has provided an energy statement which provides an initial indication that code level 3 would be met; this can be secured via condition. *Community Infrastructure and Mitigation Please refer to Annex A to this report for the policy justification for contributions towards Community Infrastructure and the SPA. SPA: The site is located within 5km from the nearest component of the SPA. Under the Avoidance Strategy a total contribution of 10,908 towards the Hitches Lane SANG and 967 towards the SAMM would ensure that the development does not have a significant effect on the SPA and consequently comply with the relevant policies of the Local and South East Plans. 121

143 Transport: To mitigate the impacts of this development a contribution of 5,730 towards scheme reference HDC0047 (L42) cycle link between Hart Leisure Centre to Elvetham Heath in the Hart Transport Statement adopted September 2012 is sought. This will ensure that the development mitigates its effect on the transport network and complies with the relevant policies of the Local Plan. The contribution sought by the Highways Authority towards transport schemes is based on the number of bedrooms and hence future occupiers and associated increase in multi-modal trips. Leisure: At a district level the site lies in an area where visitor data indicates that future occupants would be likely to visit Hitches Lane Country Park, Fleet Pond and the Basingstoke Canal. There are projects relating to each of these places. As such a contribution of 1,908 should be sought to mitigate the effects of the development on strategic leisure provision. At the parish level there are identified leisure projects which will mitigate the impact of the future occupiers of the development on existing leisure facilities: for example upgrade to the play area, landscaping and skate park at The views, and playground and youth facilities at Calthorpe Park. Consequently a contribution of 3,822 would be appropriate to mitigate the impacts of the development. Education: The site lies within the catchment for the Fleet/ Church Crookham Schools. Due to the current shortage of school places in this catchment it is appropriate to seek a contribution of 7,642 towards primary education and 8,051 towards secondary education. Conclusion: Provided that a legal agreement is completed to secure the financial contributions as detailed above, there would be sufficient mitigation for the proposal's impact on community infrastructure and the SPA. *Other issues Concern has been raised regarding precedent; each application is assessed on its own merits. Concern has also been raised regarding noise and disturbance during the construction process. In the event that planning permission is granted a condition can secure the hours of work to protect neighbour amenity. The existing garage would be demolished. No elevation drawings have been provided. The applicant's planning agent has confirmed that the garage is less than 115 cubic metres in volume and as such does not require conservation area consent. The Design and Access Statement mentions gates on the entrance; no details or drawings have been provided therefore this does not form part of the planning application. 122

144 CONCLUSION The site is located within the settlement boundary of Fleet wherein there is a general presumption in favour of development. It is considered that the proposed design and appearance of the dwelling would be acceptable and would not result in material harm to the character of the North Fleet Conservation Area. A number of trees are proposed for removal; this is considered acceptable in this instance given the quality of the trees which would be removed and the replacement trees proposed. It is considered that there would be no material detrimental impact on the amenities of the neighbouring properties, local parking provision, highway safety or protected species. Provided that a legal agreement is completed to secure financial contributions as mitigation for the impact on community infrastructure and the SPA the proposed development would comply with the relevant saved policies of the Hart District Local Plan and with the NPPF. RECOMMENDATION - Approve with Pre Conditions A. Subject to the completion of a Section 106 Agreement by 14.08,13, to secure a financial contribution towards the Hitches Lane SANG, local transport infrastructure, district leisure and open space projects and primary and secondary education, then Permission GRANTED subject to the following conditions: 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 91 of the Town and Country Planning Act 1990 (as amended). 2 No development shall take place until details and samples of all external surfaces (this shall include materials for the walls, roof, window and rainwater goods) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with approved details. Reason To ensure that the external appearance of the building(s) is/are satisfactory and to satisfy saved policy GEN1 of the Hart District Local Plan. 3 No development shall take place until further detailed drawings on the bin store, have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details, and shall be retained as such. Reason In the interest of the character of the local area and to satisfy saved policy GEN1 of the Hart District Local Plan. 4 No development shall take place until details of measures to be taken to prevent mud and spoil from vehicles leaving the site during the construction works being deposited on the public highway and measures to be taken for the parking and turning on site of operatives and construction vehicles during the construction period have been submitted to and approved by the Local Planning Authority in writing. The agreed measures shall be fully implemented before the development commences. Such measures shall be retained throughout the duration of the construction period. 123

145 Reason In the interests of highway safety and to satisfy saved policy GEN 1 in the Hart District Local Plan. 5 The dwelling shall achieve a Code Level 3 in accordance with the requirements for the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. Reason To satisfy saved policy GEN1 in the Hart District Local Plan and the guidance in the NPPF. 6 No works shall take place until an arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall outline the methods by which retained trees will be protected during construction. The methods outlined should accord with British Standard 5837:2012 and should include a schedule of site monitoring. The trees, hedges, hedgerows and shrubs shall be retained and protected in accordance with the approved details for the duration of works on the site and for at least five years following occupation of the approved development, unless otherwise agreed by the Local Planning Authority. Any such vegetation removed without the Local Planning Authority's consent, or which die or become, in the Authority's opinion, seriously damaged or otherwise defective during such period shall be replaced and/or shall receive remedial action as required by the Authority. Such works shall be implemented as soon as is reasonably practicable and, in any case, replacement planting shall be implemented by not later than the end of the following planting season, with planting of such size and species and in such number and positions as may be agreed with the Authority in writing. Reason To ensure the provision of the amenity value afforded by trees in respect of the proposed development and to satisfy saved policy GEN1 of the Hart District Local Plan. 7 No works shall take place until the tree protection measures have been implemented, inspected, and approved in writing by the Local Planning Authority. The tree protection measures shall be retained as approved during the construction of the development, unless otherwise agreed in writing by the Local Planning Authority. Reason To ensure the provision of the amenity value afforded by trees in respect of the proposed development and to satisfy saved policy GEN1 of the Hart District Local Plan. 8 No works shall take place until full details of new planting has been submitted to and approved in writing by the Local Planning Authority. Please note that evergreen planting between the rear of the garage and boundary should be included. This shall include planting plans, written specifications (including cultivation and other operations associated with plant establishment), schedules of plants, noting species, planting sizes and proposed densities where appropriate. 124

146 Details shall further include a proposed timetable for planting. Reason To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy GEN1 of the Hart District Local Plan. 9 The new planting shall be fully carried out in accordance with the approved details, including the approved timetable, and to a reasonable standard in accordance with the relevant provisions of appropriate British Standards or other recognised codes of good practice. The Council shall be notified in writing of the completion of the scheme or any agreed phase of such scheme. Any trees or plants which, within a period of five years after approved completion, are removed, die or become, in the opinion of the local planning authority, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of similar species, size and number as originally approved, unless the Council gives its written consent to any variation. Reason To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy GEN1 of the Hart District Local Plan. 10 No development or demolition work or delivery of materials shall take place at the site except between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No development or demolition work or deliveries of materials shall take place on Sundays or Public Holidays. Reason To protect the amenity of nearby residential occupiers and to satisfy saved policy GEN1 of the Hart District Local Plan. 11 The garage building hereby permitted shall not be occupied at any time other than for purposes incidental to the residential use of the new dwelling hereby permitted and shall not be used for any business, commercial or industrial purposes whatsoever. Reason To protect the residential amenities of the occupiers of nearby properties and to satisfy saved policy GEN1 of the Hart District Local Plan 12 The approved access and parking facilities for vehicles shall be available prior to the occupation of the development hereby approved and thereafter be retained for these purposes and access shall be maintained at all times to allow them to be used as such. Reason To ensure that the development is provided with adequate parking to prevent the likelihood of on-street car parking and to satisfy saved policy GEN1 in the Hart District Local Plan. 13 The new driveways shall either be made of porous materials, or provision shall be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwelling. 125

147 Reason To comply with saved policies GEN1 and GEN11 of the Hart District Local Plan. 14 Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (as amended) (or any Order revoking or re-enacting this Order with or without modification) no additional first floor windows or openings shall be constructed in the northeast (side) elevation of the dwelling and the northwest (rear) elevation of the garage hereby permitted. Reason In the interest of the privacy of the occupiers of the adjoining properties, the character of the local area, and to satisfy saved policy GEN1 of the Hart District Local Plan. B. Should the requirements set out in A above not be satisfactorily secured, then the Head of Planning Services be authorised to REFUSE permission for the following reasons: 1 The site is located within 5km of the Site of Special Scientific Interest (SSSI) which forms part of the Thames Basin Heaths Special Protection Area (SPA). In the absence of any evidence that the test of no alternatives under Regulation 62 of The Conservation of Habitats and Species Regulations 2010 can be satisfied, or evidence that there are grounds of overriding public interest, the proposed development, either alone or in combination with other plans or projects, would be likely to have a significant adverse effect on the SPA. As such the proposal is contrary to saved policies CON1 and CON2 in Hart District Local Plan, and policy NRM6 in the South East Plan. 2 The proposed development would give rise to additional detrimental impacts on the transport infrastructure. As such the proposal is contrary to paragraph and saved policy T16 in the adopted Hart District Local Plan. 3 The proposed development would exacerbate the existing deficiency in provision for leisure facilities within the vicinity of the site. As such the proposal is contrary to paragraph in the adopted Hart District Local Plan (Replacement) and Hart District Council's adopted Leisure Strategy. 4 The proposed development would exacerbate the existing deficiency in provision for primary and secondary schooling in the vicinity of the site. As such the proposal is contrary to paragraph in the adopted Hart District Local Plan (Replacement) INFORMATIVES 1 The applicant is advised that under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. If any evidence of bats is found on site, Natural England must be informed and a licence for development obtained from them prior to works continuing. For further information go to or contact Natural England (S.E. regional office) on

148 2 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the application as submitted was acceptable and no further engagement with the applicant was required. 3 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the applicant was advised of the issues relating to community infrastructure/impact on a European site as part of the processing of the application and was asked to complete a Section 106 Planning Obligation to address these concerns and offered assistance in this. However, it was not completed within a reasonable period of time, of which the applicant was advised. Consequently planning permission was refused for the reasons set out above. 127

149 APPLICATION NO. LOCATION PROPOSAL APPLICANT COMMITTEE REPORT ITEM NUMBER: /01132/HOU Hook Cottage Well Road Crondall Farnham Hampshire GU10 5PW Erection of side extension with bathroom in roof space Mr M Rosewell CONSULTATIONS EXPIRY 5 July 2013 APPLICATION EXPIRY 19 July 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION Cllr Tony Clarke Grant Permission Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 128

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152 BACKGROUND This item is reported to the Planning Committee at the request of both Ward Councillors. Both Councillors would like the committee to consider the impact of the proposed works on the Grade II listed building, the street scene and whether these changes would preserve or enhance the Conservation Area. THE SITE The property is a grade 2 listed building located on south side of Well Road on the edge of the rural settlement of Crondall. The listing describes the building as dating from the C17th with 2 storeys, a red tile roof with end gables falling to low eaves on the north side; the (south) west end has a massive chimney breast with stepped sides. The timber frame is exposed on the (north) east gable and the upper part of the south front elevation. The porch on north-west is tied into the chimney breast. A detached double garage with space above is positioned to the south west of the dwelling, The whole site has an area of some 560 square metres, with a frontage of onto Well Road of some 22m. There is a gravel driveway in front of the garage providing additional parking. The site is just within the Crondall Conservation Area. To the rear and west are fields and a play ground; to the north-east abutting the flank elevation is a public footpath (Right of Way). The site is also within flood risk zones 2 and 3. PROPOSAL The application seeks consent to erect a side extension with a bathroom in the roof space and two dormer windows. The extension would measure 4.4m wide and 5.6m deep, set back slightly from the road side elevation and flush with the rear. It would have a half hipped roof 5.1m high with a small dormer in the front elevation and two rooflights in the rear slope. This would provide a kitchen with en-suite bathroom above. A small dormer would be inserted into the existing cat slide roof on the front elevation to provide head height in the W. C. A porch would be added to the new extension, with the old front entrance being blocked up. Internally, the existing kitchen would be sub-divided to provide a study and a shower room/w.c. PLANNING HISTORY 99/00074/FUL and 99/00075/LBC - Erection of double garage with loft space. Approved CONSULTEES RESPONSES Crondall Parish Council At is meeting of 24th June 2013 Crondall Parish resolved to raise an OBJECTION The application fails to preserve or enhance the Crondall Conservation Area. It fails to protect the character and appearance of the existing building, with the loss of most of the chimney and the introduction of a dormer window that is visible from the highway. The size and scale of the extension is also harmful to the gateway setting to the village. 131

153 The proposed dormer has a significant and detrimental impact on the key and rare feature, namely the large front sloping roof, of this listed property. The Parish Council is concerned by the Conservation Officers comments. Conservation/Listed Buildings Officer (Internal) No objections. Previous comments made on the 4th April 2013 have been addressed and information supplied. Conditions: Materials to match existing. Lime mortar no cement in repair works to existing fabric Window method of opening to be confirmed Additional comments (abridged) The extension proposed provides a well-balanced proportioned design, with good use of materials and an understanding of the building from the client and architect. The scheme provides what they need and no more. The position of the extension is the most appropriate, as it avoids the greater loss of fabric, that a rear extension would create. There is no loss of chimneystack, this is retained. The dormer is proportioned and well detailed, the fact that this is visible from the highway is irrelevant. The visual quality and character of the conservation area is not harmed by this proposal. In deed the owners could plant a hedge of Leylandi if they so wished on their land, affecting the character more and over which there is no control. In conclusion, the design, scale proportion and materials of the extension are considered and provide a usable space that enhances the current building and its setting. This scheme is well balanced and adds a delightful extension that enhances without being a pastiche. Ecology Consult (Internal) The bat survey did not find any evidence of roosting bats at the time of the survey and found little potential to suggest bats have ever used the building or are likely to in the future. Although the likelihood of finding bats is considered negligible, if one is found during demolition then works should stop immediately and Natural England should be contacted. I have no objection to this application on the grounds of biodiversity. NEIGHBOUR COMMENTS Five different representations have been received, raising the following issues: - As a landmark property at the gateway to the village it fails to preserve the character of the Conservation Area - Unique example of a farm workers cottage, the extension would destroy its historical accuracy - Radically alter the unique character of the cottage - Removes key features such as the large sloping roof and the chimney stack - Out of scale to the listed building and the street scape - Proposals contrary to advice of EH, SPAB and government. - Breaches and undermines adopted Crondall Conservation Area policies 132

154 POLICY AND DETERMINING ISSUES The site has been identified as having significant archaeological interest. The Archaeology and Historic Buildings Record (AHBR), maintained by Hampshire County Council, is an index to the known archaeology sites and finds, historic buildings, designed and historic landscapes, parks and gardens and industrial monuments of Hampshire. It also holds records on archaeological fieldwork and excavations. Article 4 Directions are issued by the Council in exceptional circumstances where specific control over development is required, primarily where the character of an area of acknowledged importance would be threatened. The presence of an Article 4 Direction does not preclude development but simply requires planning permission to be secured from the Council before any specified works take place. Conservation Areas are designated by the District Council. New development is allowed within Conservation Areas but in considering whether to grant planning permission for new development or to allow demolition within a conservation area, special attention must be paid to the desirability of preserving or enhancing the character or appearance of that area (Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990). Flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. In Flood Zone 2 (low to medium risk) development is acceptable in principle but flood risk assessments appropriate to the scale and nature of the development and the risk should be provided. Flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. Within Zone 3 (high risk) new development should be strictly controlled. Listed Buildings are designated by the Secretary of State for Culture, Media and Sport. In considering whether to grant listed building consent for any works, special regard must be taken of the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses (Section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ). Public rights of way are legally highways and anyone may use them at any time. However, there are different types. The public can walk on all of them, but some have extra rights to ride a horse, cycle or drive a vehicle. There are legal tests that have to be satisfied and procedures that have to be gone through before a way can be said to be a public right of way or before a right of way can be created, diverted or closed. Hart District Council Local Plan (Replacement) GEN1 - General policy for development RUR1 - Definition of areas covered RUR24 - Renovation Extension Extg Dwellings CON13 - Conservation Areas General Policy CON17 - Listed Buildings Extension-Alteration CON5 - Nature conserv Species Protected 133

155 GEN11 - Areas affected by flooding-poor drainage CONSIDERATIONS * Principle of development Saved Policy RUR1 defines the rural settlement areas. Saved Policy RUR24 provides for extensions to dwellings in the countryside; but also states 'Extensions and renovations will normally be permitted within the rural settlements' As the property lies within the Crondall rural settlement boundary, it is considered that the principle of development within an existing residential curtilage is acceptable subject to compliance with relevant national and Local Plan policies and that there is no unacceptable harm. * Design and the impact on the heritage assets Saved Policy GEN1(i) permits development where the proposal is well designed, is in keeping with the local area and sympathetic to the existing dwelling. Saved Policy CON17 permits alterations and extensions of listed buildings provided i) the scale of the building is not materially changed; and ii) the design is appropriate to the character and setting of the building. Saved Policy CON13 requires that development preserves or enhances the character and appearance of Conservation Areas. Council policy is supported by the National Planning Policy Framework (NPPF) which advises that great weight should be given to the conservation of a heritage asset (para.132). The property is a small cottage, presumed to be an agricultural workers cottage which is some four hundred years old, but its historical significance was only recognised in 1987 when it was statutorily listed (along with many others) as grade 2. It's uniqueness is mainly due to its orientation, with what would normally be the rear elevation of a cat slide roof over the single storey outshoot, facing the road and the two storey facade facing the (now playing) fields at the rear. Catslide roofs in themselves are not uncommon, but are rarely seen as they are not normally the front elevation in the public domain. The traditional method of extending a cat slide roof to provide further space and headroom, is either with a dormer window or a gable. in this instance, one small, well proportioned dormer is proposed to be inserted into the cat slide to provide a WC with enough head room to stand up. There would be very little loss of historic fabric, the roof still reads as a catslide and therefore there would be no loss of significance of the listed building. Dormers are a common feature on small cottages so it would not appear as an incongruous feature or harmful to the character of the Conservation Area. The side extension is set well down from the main ridge and is a modest size, in scale and proportion with the existing building. It does not subsume, wrap around or dominate the listed building and the design is considered to be sympathetic to the form of the host dwelling. The loss of historic fabric necessary to provide access to the new extension would be minimal - utilising an existing window opening to form a door at ground floor and one small area of brickwork and post at first floor. Structural details have been provided to ensure that the removal of the post would not result in damage to the roof structure. The large chimney stack is to remain unaltered and the top section would still be visible above the new extension. Extending to the rear, the only other alternative, would result in far more damage to the historic fabric, covering the exposed timber beams and considerably altering its appearance and character. 134

156 Expecting the cottage to remain unchanged is unrealistic and unreasonable. It is a home, not a museum and in order to ensure its survival it is essential that it is inhabited and maintained, otherwise it would quickly fall into disrepair. All buildings evolve as life styles change and technology advances - whether it was installing inside plumbing in the C19th or electricity in the C20th. This extension is considered to be a reasonable and proportionate proposal to provide a modern kitchen and bathroom, where services can provided with no harm to the historic fabric. The cottage is set well back from the road, behind trees and shrubs and although at the edge of the village, is not particularly prominent. The Councils Conservation Officer has raised no objections commenting that the scheme would have no adverse impact on the significance of the listed building or cause harm to the character and appearance of the Crondall Conservation Area. * Neighbour amenity Saved Policy GEN1(iii) permits development where there would be no material loss of amenity to adjoining residential uses. There are no neighbours on the south-west side of the building to consider. * Biodiversity Policy CON5 requires that development should not have an adverse effect on protected species or their habitats. Under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. Government advice in the NPPF recommends that Local Planning Authorities should 'aim to preserve or enhance biodiversity (para. 118)'. However, the measures taken to protect a species or their habitats should be proportionate and should not aim at zero risk (Communication from the Commission on the Precautionary Principle. Commission of the European Communities. Brussels ). The property falls within the trigger list prepared by the Bat Conservation Trust, of properties likely to provide a suitable habitat for bats; therefore a full report by an ecologist has been submitted. The Councils Ecologist has no concerns about biodiversity. * Flood risk Saved Policy GEN11 permits development in areas prone to flooding only if appropriate and satisfactory alleviation or mitigation measures are included. Details of flood resilient measures have been submitted which are considered satisfactory mitigation against flood risk. CONCLUSION The design and appearance is acceptable and there would be no harm to the street scene or to the significance of the heritage assets including the character and appearance of the Crondall Conservation Area. Biodiversity would not be adversely affected and the flood risk mitigation measures are satisfactory. Therefore the proposal would comply with the relevant saved Policies of the Local Plan and national planning guidance. 135

157 RECOMMENDATION - Grant Permission CONDITIONS 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 91 of the Town and Country Planning Act 1990 (as amended). 2 No development shall take place until details and samples of all external surfaces, including bond and type/colour of mortar, have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with approved details. Reason To ensure that the external appearance of the building(s) is/are satisfactory and to satisfy saved policy GEN1 of the Hart District Local Plan. 3 No works shall take place until details of the windows and roof lights have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. Reason In the interests of the character and appearance of the listed building and to satisfy saved policy CON17 in the Hart District Local Plan. INFORMATIVES 1 The applicant is advised to make sure that the works hereby approved are carried out with due care and consideration to the amenities of adjacent properties and users of any nearby public highway or other rights of way. It is good practice to ensure that works audible at the boundary of the site are limited to be carried out between 8am and 6pm Monday to Friday, 8am and 12 noon on Saturdays with no working on Sunday and Bank Holidays. The storage of materials and parking of operatives vehicles should be normally arranged on site. 2 The applicant is advised that under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. If any evidence of bats is found on site, Natural England must be informed and a licence for development obtained from them prior to works continuing. For further information go to or contact Natural England (S.E. regional office) on The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the applicant was provided with pre-application advice and the application was submitted in accordance with that advice and no further engagement with the applicant was required. 136

158 APPLICATION NO. LOCATION PROPOSAL APPLICANT COMMITTEE REPORT ITEM NUMBER: /01133/LBC Hook Cottage Well Road Crondall Farnham Hampshire GU10 5PW Erection of side extension with bathroom in roof space Mr M Rosewell CONSULTATIONS EXPIRY 12 July 2013 APPLICATION EXPIRY 19 July 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION Cllr Tony Clarke Grant Listed Building Consent Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 137

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161 BACKGROUND THE SITE The property is a grade 2 listed building located on south side of Well Road on the edge of the rural settlement of Crondall. The listing describes the building as dating from the C17th with 2 storeys, a red tile roof with end gables falling to low eaves on the north side; the (south) west end has a massive chimney breast with stepped sides. The timber frame is exposed on the (north) east gable and the upper part of the south front elevation. The porch on north-west is tied into the chimney breast. A detached double garage with space above is positioned to the south west of the dwelling, The whole site has an area of some 560 square metres, with a frontage of onto Well Road of some 22m. There is a gravel driveway in front of the garage providing additional parking. The site is just within the Crondall Conservation Area. To the rear and west are fields and a play ground; to the north-east abutting the flank elevation is a public footpath (Right of Way). The site is also within flood risk zones 2 and 3. PROPOSAL The application seeks consent to erect a side extension with a bathroom in the roof space and two dormer windows. The extension would measure 4.4m wide and 5.6m deep, set back slightly from the road side elevation and flush with the rear. It would have a half hipped roof 5.1m high with a small dormer in the front elevation and two rooflights in the rear slope. This would provide a kitchen with en-suite bathroom above. A small dormer would be inserted into the existing cat slide roof on the front elevation to provide head height in the W. C. A porch would be added to the new extension, with the old front entrance being blocked up. Internally, the existing kitchen would be sub-divided to provide a study and a shower room/w.c. and the existing bathroom altered to a WC and storage room. PLANNING HISTORY 99/00074/FUL and 99/00075/LBC - Erection of double garage with loft space. Approved CONSULTEES RESPONSES Crondall Parish Council At its meeting of 24th June 2013 Crondall Parish Council resolved to raise an OBJECTION Reasons: The application fails to preserve or enhance the Crondall Conservation Area. It fails to protect the character and appearance of the existing building, with the loss of most of the chimney and the introduction of a dormer window that is visible from the highway. The size and scale of the extension is also harmful to the gateway setting to the village. The proposed dormer has a significant and detrimental impact on the key and rare feature, namely the large front sloping roof, of this listed property. The Parish Council raise a concern with reference to the Conservation Officers comments. 140

162 Conservation/Listed Buildings Officer (Internal) No objections. Previous comments made on the 4th April 2013 have been addressed and information supplied. Conditions: Materials to match existing. Lime mortar no cement in repair works to existing fabric Window method of opening to be confirmed Additional comments (abridged) The extension proposed provides a well-balanced proportioned design, with good use of materials and an understanding of the building from the client and architect. The scheme provides what they need and no more. The position of the extension is the most appropriate, as it avoids the greater loss of fabric, that a rear extension would create. There is no loss of chimneystack, this is retained. The dormer is proportioned and well detailed, the fact that this is visible from the highway is irrelevant. The visual quality and character of the conservation area is not harmed by this proposal. In deed the owners could plant a hedge of Leylandi if they so wished on their land, affecting the character more and over which there is no control. In conclusion, the design, scale proportion and materials of the extension are considered and provide a usable space that enhances the current building and its setting. This scheme is well balanced and adds a delightful extension that enhances without being a pastiche. NEIGHBOUR COMMENTS Three different representations have been received, raising the following issues: - As a landmark property at the gateway to the village it fails to preserve the character of the Conservation Area - Unique example of a farm workers cottage, the extension would destroy its historical accuracy - Radically alter the unique character of the cottage - Removes key features such as the large sloping roof and the chimney stack - Out of scale to the listed building and the street scape - Proposals contrary to advice of EH, SPAB and government. - Breaches and undermines adopted Crondall Conservation Area policies POLICY AND DETERMINING ISSUES Listed Buildings are designated by the Secretary of State for Culture, Media and Sport. In considering whether to grant listed building consent for any works, special regard must be taken of the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses (Section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ). Hart District Council Local Plan (Replacement) CON17 - Listed Buildings Extension-Alteration 141

163 CONSIDERATIONS * Impact on the listed building Saved Policy CON17 permits alterations and extensions of listed buildings provided i) the scale of the building is not materially changed; and ii) the design is appropriate to the character and setting of the building. Council policy is supported by the National Planning Policy Framework (NPPF) which advises that great weight should be given to the conservation of a heritage asset (para.132). The property is a small cottage, presumed to be an agricultural workers cottage which is some four hundred years old, but its historical significance was only recognised in 1987 when it was statutorily listed (along with many others) as grade 2. It's uniqueness is mainly due to its orientation, with what would normally be the rear elevation of a cat slide roof over the single storey outshoot, facing the road and the two storey facade facing the (now playing) fields at the rear. Catslide roofs in themselves are not uncommon, but are rarely seen as they are not normally the front elevation in the public domain. The traditional method of extending a cat slide roof to provide further space and headroom, is either with a dormer window or a gable. in this instance, one small, well proportioned dormer is proposed to be inserted into the cat slide to provide a WC with enough head room to stand up. There would be very little loss of historic fabric, the roof still reads as a catslide and therefore there would be no loss of significance of the listed building. Dormers are a common feature on small cottages so it would not appear as an incongruous feature or harmful to the character of the Conservation Area. The side extension is set well down from the main ridge and is a modest size, in scale and proportion with the existing building. It does not subsume, wrap around or dominate the listed building and the design is considered to be sympathetic to the form of the host dwelling. The loss of historic fabric necessary to provide access to the new extension would be minimal - utilising an existing window opening to form a door at ground floor and one small area of brickwork and post at first floor. Structural details have been provided to ensure that the removal of the post would not result in damage to the roof structure. The large chimney stack is to remain unaltered and the top section would still be visible above the new extension. The internal alterations to the re-arrange the accommodation affect modern stud walling only and therefore their removal/re-positioning is considered acceptable. Extending to the rear, the only other alternative, would result in far more damage to the historic fabric, covering the exposed timber beams and considerably altering its appearance and character. Expecting the cottage to remain unchanged is unrealistic and unreasonable. It is a home, not a museum and in order to ensure its survival it is essential that it is inhabited and maintained, otherwise it would quickly fall into disrepair. All buildings evolve as life styles change and technology advances - whether it was installing inside plumbing in the C19th or electricity in the C20th. This extension is considered to be a reasonable and proportionate proposal to provide a modern kitchen and bathroom, where services can provided with no harm to the historic fabric. The Councils Conservation Officer has raised no objections commenting that the scheme would have no adverse impact on the significance of the listed building. 142

164 CONCLUSION The design and appearance is acceptable, the scale of the cottage will not materially alter and the works are justified. As such there would be no loss of significance of the heritage asset. Therefore the proposal would comply with the relevant saved Policies of the Local Plan and national planning guidance. RECOMMENDATION - Grant Listed Building Consent CONDITIONS 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended). 2 No development shall take place until details and samples of all external surfaces, including bond and type/colour of mortar, have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with approved details. Reason To ensure that the external appearance of the building(s) is/are satisfactory and to satisfy saved policy GEN1 of the Hart District Local Plan. 3 No works shall take place until details of the windows and roof lights have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. Reason In the interests of the character and appearance of the listed building and to satisfy saved policy CON17 in the Hart District Local Plan. 4 All repair work to existing fabric of the building must be lime based, not cement, unless otherwise agreed in writing by the Local Planning Authority. Reason In the interests of the character and appearance of the listed building and to satisfy saved policy CON17 in the Hart District Local Plan. INFORMATIVES 1 The applicant is advised to make sure that the works hereby approved are carried out with due care and consideration to the amenities of adjacent properties and users of any nearby public highway or other rights of way. It is good practice to ensure that works audible at the boundary of the site are limited to be carried out between 8am and 6pm Monday to Friday, 8am and 12 noon on Saturdays with no working on Sunday and Bank Holidays. The storage of materials and parking of operatives vehicles should be normally arranged on site. 143

165 2 The applicant is advised that under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. If any evidence of bats is found on site, Natural England must be informed and a licence for development obtained from them prior to works continuing. For further information go to or contact Natural England (S.E. regional office) on The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance the applicant was provided with pre-application advice and the application was submitted in accordance with that advice and no further engagement with the applicant was required. 144

166 COMMITTEE REPORT ITEM NUMBER: 110 APPLICATION NO. LOCATION PROPOSAL APPLICANT 13/01215/MAJOR Lamb Hotel High Street Hartley Wintney Hook Hampshire RG27 8NW Conversion and extension of existing hotel buildings to form offices, retail unit, one 2 bedroom flat, one 4 bedroom house and two 2 bedroom houses and erection of one 3 bed house, six 2 bedroom houses and one 1 bedroom flat together with associated car and cycle parking, garaging, bin storage and landscaping. Rebus Construction Limited CONSULTATIONS EXPIRY 2 August 2013 APPLICATION EXPIRY 18 September 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION Cllr Tim Southern Approve subject to a legal agreement Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 145

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169 BACKGROUND This application has been brought before Members of the Planning Committee at the request of Cllr Southern. This is to discuss the level of proposed parking provision. Since the application was originally received, there have been a number of additional / amended plans and reports submitted. THE SITE The application site (0.25ha) is located within the Hartley Wintney settlement and the Hartley Wintney Conservation Area, adjacent to the village centre, and comprises the access and car park to Monachus House (grade II listed), which is off Monachus Lane. Monachus Lane also serves the public car park, Rosefield Court and the rear of properties in the High Street. The site also includes the buildings formally known as the Lamb Hotel or Hotel Zuzanka (locally listed). The site is bounded by the High Street (east), Rosefield Court (west), 32 Harebell Close and 7 and 8 Harebell Gardens and Monachus Cottage, High Street (north) and Monachus House (south). The site gradually slopes down towards Harebell Gardens (rear) and up towards Rosefield Court and the ground is lower than Monachus Cottage. The flats and 7 and 8 currently overlook the car park to the site. Views of the rear and side of Monachus Cottage can be seen from within the site. Part of the site is within 400m of the Thames Basins Heaths SPA. PROPOSAL The proposal comprises the conversion of the building (The Lamb and Brewhouse) and the extension thereof to a B1(a) office (118sq.m), an A1 retail unit (83sq.m), a four bedroom dwelling, 2 x two bedroom semi-detached dwellings and a 2 bedroom flat above the office. New building would comprise an 'L' shaped terrace of 4 x two bedroom dwellings and a 1 bedroom flat at first floor to the rear of the site, 2 x two bedroom and 1 x three bedroom terrace fronting the High Street, the relocation of the garage block approved under ref 12/01755/FUL, bin stores and the relocation and enlargement of the cycle store. There would be a total of 12 dwellings with 26 parking spaces, with access to the commercial units and to plots 6-8 off the High Street. The remaining units would be accessed via Monachus House, off Monachus Lane. The application also seeks the removal of the garage extension to the brewhouse (143sq.m) and the canopy structure to the external seating area. Associated landscaping and tree removal works are also proposed. RELEVANT PLANNING HISTORY 12/01755/FUL (corresponding listed building application ref 12/01756/LBC) Conversion and alterations to Monachus House to provide 9 flats (7 x two bedroom and 2 x three bedroom) including demolition of glass atrium, erection of 5 x two bedroom dwellings to the rear, erection of 10 garages with associated bin store, cycle parking/storage and landscaping. Approved

170 Corresponding Conservation Area Consent application ref 13/01216/CONAC. determined. To be CONSULTEES RESPONSES Hartley Wintney Parish Council Objection: Members have serious concerns regarding parking and highways, impact of crime and the design of the extension to the main building 'The Lamb'. Despite the concerns expressed on an adjacent site application less than 1 year ago about the lack of parking in this area and discussion with the agent for this site in this regard at the pre-planning stage, the application still provides below standard parking. HDC Parking Provision Interim Guidance adopted August 2008 gives a combined requirement of 39 spaces when only 26 have been provided. The accompanying transport statement justifying the lack of adequate parking is also misleading and in part inaccurate. Bus service 72 does not serve Winchfield Station and Service 100 does not run every two hours ( it is in fact twice a day) The independent survey commissioned refers to areas for parking which do not allow for parking and are in fact double yellow or single yellow lines, reflecting their 0% occupancy! When looking at percentage of occupancy of the central car park it is apparent that the figure stated of 125 available spaces is inaccurate as 14 are permit holders and a further 17 are red bays paid by the Parish Council for short stay shopping and doctor's appointments (installed after the survey was commissioned). This alters the conclusion of the report which states that there is capacity for the 'majority' of the day. Indeed HDCs own data on the car park show that some spaces have over a 300% occupancy rate so it is difficult to understand the figures. In addition most of the on street parking is either restricted to evenings and weekends or limited to one hour and thus is not suitable for residents to park their cars in all day or for people visiting for more than an hour. Further, the Parish Council has asked in light of the application at Monachus House, to have the current single yellow lines in Monachus Lane upgraded to double yellow lines as cars parking in Monachus Lane give rise to safety concerns for vehicles accessing and exiting Rosefield Court and the newly permitted Monachus House development as visibility is impaired. The layout of the proposed development presents two concerns with regard to impact of crime. Firstly, the communal gardens appear to be open access and the heavily screened location could prove attractive for underage drinkers or intoxicant use. Secondly, the proximity of some of the properties to the parking area leaves a number of cars well secluded and thus attractive for thieves looking to go undetected. Members commented to the agent at the pre-planning stage that they were not in favour of the 'fish bowl' glass extension as it does not work with the surrounding architecture and does not enhance this locally noted building. In addition we wish to draw attention to the misleading site plans which highlight the parking area at Monachus House, as if it were part of this application with a sequential numbering system which indicates the parking bays on the site next door as forming part of this application. On first glance it would appear that all areas in colour form part of this application, with the adjacent site at Monachus House faded to mono. However the parking area for Monachus House is shown in full colour alongside the application site and could be construed as forming part of the parking for this site, which it is not. 149

171 Tree Officer (Internal) No objection subject to a standard tree protection condition. Natural England No objection Conservation/Listed Buildings Officer (Internal) Fourth Consultation: No objection subject to conditions. The design and layout are well thought out, integrating spaces and avoiding the parking dominating. There is also a good balance between landscaping and development, avoiding the feel of overcrowding. Drawing GP/LH/14/013 REVB, elevation KK submitted now indicates more balanced elevations, with the fenestration and dormer windows. The point regards a horizontal bar through the large expanse of glazing, to in a way ground the feature and also link to the existing rhythm and design has not been carried out. It is still advisable to do something here, if not a horizontal bar to achieve a design in context. The return wall to the shop, that previously was of modern brick is now rendered, this is more appropriate, however a painted brick would be better still and link in with the remainder of the building. The glazed doors to the office are now proposed to have as advised, a horizontal detail, running in line with the top of the windows. This will link the new to the old and allow it to be read as such, when viewed in the street. A condition to ensure that this remains is required. The design of the curved glass retail unit are an excellent design feature that smoothly turns the corner and adds design as opposed pastiche to the scheme. The curved glazing is balanced, in proportion and well detailed; any divergence from this would damage this considered scheme and the key elevation to the street front. It is highly recommended that that detail remain unaltered. No objections to the bin stores or locations of said stores as proposed on plan rev H. Environmental Health (Internal) No objection subject to standard contaminated land condition County Archaeologist The site lies in an Area of High Archaeological Potential as defined in Historic Rural Settlement in Hampshire (Bournemouth University and HCC 1999) within the historic core of Hartley Wintney with some indication that this area might have been a focus of Medieval settlement. Any groundworks associated with the proposed development have the potential to disturb previously unidentified archaeological deposits relating to the origins and development of Hartley Wintney. While archaeology does not present an overriding concern the assessment and recording of any such deposits should be secured through the attachment of a suitable condition. Highways (Internal) No objection subject to a transport contribution. Access: Adequate Commercial Parking: Office: 1 space per 30m2 is required. Area of Office space is 118m2, therefore 3.93 spaces (say 4 spaces) are required. No parking is 150

172 provided for the Office units. Due to the High street location and public transport facilities provided I am willing to reduce this provision by 50%. I therefore require 2 spaces for the Office unit, which will overspill into the local car parks. Retail Unit: 1 space per 20m2 is required. Area of non food retail unit is 83sq.m; therefore 4.14 spaces (say 4 spaces) are required. No parking is provided for the retail unit. Due to the High street location (shared trips) and accessibility to public transport facilities provided I am willing to reduce this provision by 75%. I therefore require 1 space for the retail unit, which will overspill into the local car parks. Servicing: The applicant has provided swept path analysis showing a large refuse freighter accessing the site, turning and exiting in a forward gear. The bin storage area is located near the entrance. This size vehicle is adequate to reflect the movements of a delivery vehicle. It is proposed to service the retail and Office units from the High Street. There are double yellow lines along the High Street from Monachus Lane running the length of the proposals to the restricted parking bays to the North Eastern extent of the site. Loading is permitted within these bays, but only during the permitted parking times and if one bay is free. Double yellow lines permit loading and unloading for 20 minutes. The existing situation allows limited time loading and unloading along the frontage of the proposals on High Street. With regard to the capacity of the existing car parks along the High Street. I have spoken to the Parking authorities at HDC and conclude that I agree with the applicant parking survey that there is sufficient space within local car parks to accommodate a limited number of vehicles as a result of the development. Various options for payment are possible with season tickets available giving an approx. saving on the daily rate of 50%. These are allocated to certain vehicles and if a more flexible approach is desired then Smart cards could be an option. These cards store credit to be used at the parking machines to buy various lengths of stay. They can be topped up online. Cycle Provision: 22 cycle storage spaces are proposed in the residential parking area, these are accessible, secure and weatherproof. The are two Sheffield cycle stands provided outside the retail unit. Cycle provision is adequate. Transport Contribution: This application will increase the number of multi-modal trips for the proposed development, and therefore a Transport Contribution should be directed toward scheme reference HDC0159 (L119) Improvements to pedestrian crossing facilities High Street, in the Hart Transport Statement adopted September The proposals would generate 13 additional trips. These trips are to be regarded as residential trips and would be assigned a trip rate of % HDC fee. The total contribution would therefore be 7, Leisure (Internal) Recommendation: A contribution is requested in the total sum of towards Hart District Council leisure infrastructure. Reference is made to adopted Community Infrastructure Policy. Ecology Consult (Internal) No objection Thames Water Property Services No comment received 151

173 Streetcare Officer (Internal) No objection NEIGHBOUR COMMENTS Forty letters of objection received with the following comments: * Location of bin store in relation to Rosefield Court (This matter has now been resolved resulting in the re-location of the store) * Increase on traffic * Competition for other retail units in the high street * Unsympathetic to the existing building * Shop front should be in keeping * The office and retail uses are unlikely to be there in the long term * Parking * Concerns over timing of construction Five letters of support received. POLICY AND DETERMINING ISSUES The site has been identified as having significant archaeological interest. The Archaeology and Historic Buildings Record (AHBR), maintained by Hampshire County Council, is an index to the known archaeology sites and finds, historic buildings, designed and historic landscapes, parks and gardens and industrial monuments of Hampshire. It also holds records on archaeological fieldwork and excavations. Conservation Areas are designated by the District Council. New development is allowed within Conservation Areas but in considering whether to grant planning permission for new development or to allow demolition within a conservation area, special attention must be paid to the desirability of preserving or enhancing the character or appearance of that area (Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990). These are buildings of local interest only but they enjoy no statutory protection. The development lies within 5km of the Thames Basins Heath Special Protection Area (SPA). This is an area that has been identified as being of international importance for the breeding, feeding, wintering or the migration of rare and vulnerable species of birds found within European Union countries. They are European designated sites, classified under the Birds Directive 1979 which provides enhanced protection given by the Site of Special Scientific Interest (SSSI) status all SPAs also hold. New residential development in particular must be strictly controlled within areas up to 5km from SPA's unless appropriate mitigation strategies have been put in place. The development lies within 400m of the Thames Basins Heath Special Protection Area (SPA). This is an area that has been identified as being of international importance for the breeding, feeding, wintering or the migration of rare and vulnerable species of birds found within European Union countries. They are European designated sites, classified under the Birds Directive 1979 which provides enhanced protection given by the Site of Special Scientific Interest (SSSI) status all SPAs also hold.. In most circumstances no new residential development within 400m of an SPA should be allowed. The development lies within 500m of a Site of Special Scientific Interest (SSSI). SSSI's are designated by Natural England and are the country's very best wildlife and geological sites. They 152

174 are legally protected under the Wildlife and Countryside Act 1981, as amended by the Countryside and Rights of Way (CROW) Act 2000 and the Natural Environment and Rural Communities (NERC) Act Hart District Council Local Plan (Replacement) URB20 - Retention & Provision of Local Services T14 - Transport and Development GEN1 - General policy for development GEN4 - General Design Policy CON13 - Conservation Areas General Policy CON1 - Nature Conserv European Designations CON2 - Nature Consern Designations CON14 - Conservation Areas Building Demolition CON18 - Listed Buildings Change of Use CON13 - Conservation Areas General Policy URB12 - Residential Development Criteria South East Plan NRM6 - THAMES BASIN HEATHS SPECIAL PROTECTION A CONSIDERATIONS *Principle of development The site lies within the settlement of Hartley Wintney where there is a presumption in favour for mixed commercial and residential development as set out in the adopted Hart District Local Plan and The National Planning Policy Framework (NPPF). Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The NPPF does not change the statutory status of the development plan as the starting point for decision making. Development that accords with an up-to-date Local Plan should be approved and development that conflicts should be refused unless other material considerations indicate otherwise. The NPPF is a material consideration in determining applications. Paragraph 51 of the NPPF states that that local planning authorities "should identify and bring back into residential use empty buildings" and "approve applications" where there is an identified need for housing in the area provided that there are not strong economic reasons why such development would be inappropriate. In view of the lack of a 5 year land supply, paragraph 51 of the NPPF is relevant and the proposal for housing acceptable in principle. There is no strong economic evidence as to why the development would be inappropriate at this site and no requirement under the current saved local plan policies to provide such evidence for a previous 153

175 hotel use. The benefits of the proposal as governing factors would, therefore, outweigh the loss of the commercial use. Paragraph 131 of the NPPF states that "local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation". The proposal to convert a locally listed building with a minimum amount of disruption to the historic fabric would also be acceptable in principle. *Layout/design Saved local plan policy URB12 allows for housing development providing it is sympathetic in scale, design and layout and does not result in a material loss to residential amenity. In essence, the proposal is considered to be an extension to the Monachus House proposal and, as such, the assessment of the Lamb application needs take this into account. The design and materials of the properties would need to complement those already approved, as well as the locally listed building, while also preserving and enhancing the Conservation Area as set out in saved policy CON13 and paragraph 131 of the NPPF. It is considered, and this opinion is also supported by the Conservation Officer, that the scheme would be of a scale and design that would be in keeping with the general character of the area and would enhance the locality. The choice of materials and detailing would be an important element to the scheme and controlled by condition to ensure that the external appearance and street scene would not be significantly harmed to the detriment of the heritage assets. This approach is supported by having the main access and parking at the rear and middle of the site, bin and cycle storage locations not visible from the High Street, buildings heights reflect the surrounding properties and a street scene incorporating a contemporary designed rounded glazed corner to the retail unit to provide a modern look, but also a softer edge to the locally listed building in order to keep the focus on the original. The re-aligned access, together with landscaping, defines areas which are communal and those which are not, and the parking area to the rear, but also screens it in such a way that vehicles and garaging would only partially be seen from public view points. The hard and soft landscaping is, therefore, an important factor of the internal arrangement of the site, i.e. how the open spaces would be used, and how each part of the site is separated but still integral to the whole use of the site including the approved Monachus House development. This is considered to be "high quality and inclusive design", which is not cramped and goes beyond "the aesthetic considerations" of individual architectural styles. This is supported by paragraph 61, NPPF with "a good standard of amenity for all" and paragraph 17 of the NPPF. The architectural style is considered to be in keeping with Monachus House and has elements from the same architectural period. It is, therefore, considered that the overall proposal is commensurate with the neighbouring properties and provides for a sustainable form of development not only in construction terms but also in delivering high quality housing. As such, the proposal would satisfy saved policies URB12 and CON13 and the demolition of the garage extension to the Brewhouse and the removal of the canopy to the external seating area to the Lamb are acceptable under saved policy CON14. *Impact on residential amenity Saved local plan policies URB12 (iv) and GEN1 allow for development which avoids a material loss of amenity to existing and adjoining properties. 154

176 Residents of Rosefield Court have raised concerns regarding the location of the proposed bin store. This matter has been addressed with the store relocated to approximately the same location as that approved under ref 12/01755/FUL. The location and size of the store is to the satisfaction of the Streetcare Officer. With regards to overlooking, views of the rear and side of Monachus Cottage can be seen from within the site. However, it is considered that the separation distance of approximately 13m between the first floor flat and the Cottage is sufficient enough not to cause a material loss of amenity through overlooking. Furthermore, it is proposed to lower ground levels in this part of the site to reduce the visual impact of the car park and any perceived overlooking issues to this property. Within the site, overlooking/ inter-visibility would be of an acceptable level and that which is usually expected within a housing development in an urban area where there are rear gardens. With regards to noise and disturbance, the proposal would not generate an additional material loss to residential amenity over and above that which has already been generated in the past by the Lamb and the use of Monachus House as offices. As such, the proposal would satisfy saved policies URB12 and GEN1. *Parking provision Saved local plan policy GEN1 allows for proposals which have adequate parking arrangements. Concerns have been raised by the Parish Council about the lack of parking provision for the proposal and the capacity of the public car park. As with the design and layout of the scheme, the level of parking should be assessed across the whole site, including the Monachus House development. There would be 52 spaces in total across the two sites; half of which have been approved under 12/01755/FUL. Two spaces would be re-sited to allow for the access into the Lamb car park. The Council's parking provision guidance adopted in 2008 recommends that for both schemes there should be a total of 68 spaces, of which 13 spaces are for visitors. It was accepted by Members that visitors for the Monachus House development would be off-site. It has also been accepted by the Local Highways Authority that any commercial parking for the current proposal would be off-site and that there is capacity for overspill in the public car park. The 2008 guidance's figures are calculated on information gained from census data and household car ownership at the time across the district and are now out of date. What the guidance does not provide for is a breakdown of the car ownership and likely demand in individual areas within the district. More spaces may, therefore, be required under the guidance when indeed there may not be a demand for them. With the current proposal, the applicant's transport consultant has provided an updated assessment of the level of demand for the proposal weighed against the level of demand within census output areas adjoining the site. This information indicates that the demand would suggest 50 spaces as a worst case scenario for the two sites. However, it should be noted that the areas cover larger size dwellings (3 and 4 bedrooms) and cannot directly be compared to the proposal, where there would be smaller households. It should be noted that research into residential car parking undertaken by Central Government has established that smaller households typically have lower car ownership rates and are 66% to 73% of the 3+ bed households (Communities and Local Government Residential Parking Research, 2007). With this in mind, the total demand for both the Monachus House development and the 155

177 proposal would be 46 spaces and, at 2 spaces per unit, the 52 spaces would provide for an appropriate level of parking. Notwithstanding this, the public car park has sufficient residual capacity to accommodate anticipated visitors (this is confirmed by the Local Highways Authority and the Council's parking section) and allows for free parking Monday to Saturday 19:00-08:00, and on Sundays and Bank Holidays. It should also be noted that Manual for Streets states that "it is recommended that visitor parking is generally served by unallocated parking, including on street provision" (para ) and that "in town centres and other locations with good accessibility by non-car modes, and where on street parking is controlled, it is often appropriate to omit visitor parking spaces"(para ). It is, therefore, considered that the proposed parking provision would satisfy saved policy GEN1. *Community Infrastructure and Mitigation Members are referred to Annex A to this report for the policy justification for contributions towards Community Infrastructure and the SPA. SPA: Part of the site is located within 400m of the SPA. However, access to site is outside of the 400m zone and the dwellings are considered to be within 5km of the SPA. Under the Avoidance Strategy a contribution of 90,379 towards the SANG at Hitches Lane and 8,016 towards SAMM would ensure that the development does not have a significant effect on the SPA and comply with the relevant policies of the Local and South East Plans. Transport: To mitigate the impacts of this development, a contribution of 7, towards scheme reference HDC0159 (L119) Improvements to pedestrian crossing facilities in the High Street is sought. This will ensure that the development mitigates its effect on the transport network and comply with the relevant policies of the Local Plan. Leisure: At a District level, the site lies in an area where visitor data indicates that future occupants would be likely to visit the Hartley Wintney Commons, the Basingstoke Canal, the Hitches Lane Country Park and the Hazeley Heath. As such, a contribution of 11,236 should be sought to mitigate the effects of the development on strategic leisure provision. Within Hartley Wintney Parish there are identified leisure projects, which will mitigate the impact of the future occupiers of the development on existing leisure facilities, particularly the extension and upgrade of St Mary's Church (phase 2) and the community room (hub) within Appleton Hall. Consequently, a contribution of 22,510 would be appropriate to mitigate the impacts of the development. Education: The site lies within the catchment for the Robert May secondary school. Due to the current shortage of school places, it is appropriate to seek a contribution of 50,314 towards secondary education facilities. CONCLUSION The proposal is considered to be acceptable in principle and is unlikely to have a significant detrimental effect on the setting, character and appearance of the listed building and Hartley 156

178 Wintney Conservation Area. Moreover, it is considered that the proposal would make a positive contribution to the area and would be unlikely to generate an additional material loss to residential amenity. Subject to a legal agreement being completed by , planning permission should be granted. RECOMMENDATION - Approve subject to a legal agreement 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason To comply with Section 91 of the Town and Country Planning Act 1990 (as amended). 2 No work shall take place until detailed drawings of all new internal and external joinery work including windows sections and glazing types have been submitted to and approved in writing by the Local Planning Authority. The development/works shall only be carried out in accordance with the approved details. Reason To ensure the new work preserves the character and appearance of the listed building and to satisfy saved policy CON 17 of the Hart District Local Plan. 3 No development shall take place until full details of both hard and soft landscape have been submitted to and approved in writing by the Local Planning Authority. Hard details shall include, as appropriate, proposed finished levels and/or contours, means of enclosure of unbuilt open areas, car parking layouts, other vehicle and pedestrian access and circulation areas, hard surfacing materials and artefacts and structures (e.g. furniture, refuse or other storage units, signage, lighting, fencing, gates, external services, manholes, etc.). Soft landscape details shall include planting plans, written specifications (including cultivation and other operations associated with plant establishment), schedules of plants, noting species, planting sizes and proposed densities where appropriate. Details shall further include a proposed timetable for planting and laying out of hard surfaces and roads. Reason To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy GEN1 of the Hart District Local Plan. 4 No development shall take place until details of a scheme of investigation and programme of archaeological work has been submitted to and approved, in writing, by the Local Planning Authority. The investigation and archaeological works shall be implemented in accordance with the approved details and the applicant shall give the Local Planning Authority not less than 2 weeks notice in writing prior to the implementation of the agreed works. Reason 157

179 To ensure that the archaeological value of the site is properly investigated and evaluated before work on the development begins and to satisfy saved policy CON11 of the Hart District Local Plan. 5 The development hereby approved shall be carried out in accordance with the Tree Constraints and Protection Plan and the Arboricultural Advisory Information Service Ben Holding Report dated January 2013 unless otherwise agreed in writing by the Local Planning Authority. Reason To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy GEN1 in the Hart District Local Plan 6 No development shall take place until details of any external lighting, including hours of operation, have been submitted to and approved in writing by the Local Planning Authority. The equipment shall only be installed, operated and maintained in accordance with the approved scheme. Reason To protect the amenities of the area and to satisfy saved policy GEN1 of the Hart District Local Plan. 7 No development shall take place until details of the design and materials of the all external rainwater goods, vents, flues, fire escapes, and air conditioning units including a method statement describing their installation, the brick mortar infill type and method to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details and the materials shall not subsequently be altered without the prior written approval of the Local Planning Authority. Reason In the interests of maintaining the character of the buildings and to satisfy saved policy GEN1 of the Hart District Local Plan. 8 No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii. include a timetable for its implementation; and iii. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory 158

180 undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Reason To prevent the increased risk from flooding and to protect the amenities of the area and to satisfy saved policy GEN1 of the Hart District Local Plan 9 No development shall take place until details and samples of all external surfaces including bond and type/colour of mortar, and sections and a methodology for fitting the window and roof to the retail unit have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with approved details. Reason To ensure that the external appearance of the building(s) is/are satisfactory and to satisfy saved policy GEN1 of the Hart District Local Plan. 10 No development shall take place until details of measures to be taken to prevent mud and spoil from vehicles leaving the site during the construction works being deposited on the public highway and measures to be taken for the parking and turning on site of operatives and construction vehicles during the construction period have been submitted to and approved by the Local Planning Authority in writing. The agreed measures shall be fully implemented before the development commences. Such measures shall be retained throughout the duration of the construction period. Reason In the interests of highway safety and to satisfy saved policy GEN 1 in the Hart District Local Plan. 11 Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 4 has been complied with in relation to that contamination. 1. Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: 159

181 human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. 3. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. 4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition The dwellings shall achieve a minimum of Code Level 3 in accordance with the requirements for the Code for Sustainable Homes: Technical Guide (or such national 160

182 measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. Reason In order to secure the sustainable design and construction of the development in accordance with the NPPF. 13 No development or demolition work or delivery of materials shall take place at the site except between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No development or demolition work or deliveries of materials shall take place on Sundays or Public Holidays. Reason To protect the amenity of nearby residential occupiers and to satisfy saved policy GEN1 of the Hart District Local Plan. 14 Hard and soft landscaping works shall be fully carried out in accordance with the approved details, including the approved timetable, and to a reasonable standard in accordance with the relevant provisions of appropriate British Standards or other recognised codes of good practice. The Council shall be notified in writing of the completion of the scheme or any agreed phase of such scheme. Any trees or plants which, within a period of five years after approved completion, are removed, die or become, in the opinion of the local planning authority, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of similar species, size and number as originally approved, unless the Council gives its written consent to any variation. Reason To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy GEN1 of the Hart District Local Plan. 15 The approved cycle and bin storage facilities shall not be used for any purpose other than the storage of cycles and bins. Reason To ensure that the development is provided with adequate cycle storage and to satisfy saved policy GEN1 in the Hart District Local Plan. 16 The approved parking facilities for vehicles shall not be used for any purpose other than the parking of motorised vehicles and access shall be maintained at all times to allow them to be used as such. Reason To ensure that the development is provided with adequate parking to prevent the likelihood of on-street car parking and to satisfy saved policy GEN1 in the Hart District Local Plan. 17 Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (as amended) (or any Order revoking or re-enacting this Order with or 161

183 without modification) no enlargement of the dwelling house, as permitted by Class A, B, C, D or E of Part 1 of the Second Schedule of the Order, shall be constructed. Reason To ensure the retention of a satisfactory appearance to the development, to avoid overdevelopment of the site and to satisfy saved Policy GEN1 of the Hart District Local Plan. 18 Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (as amended) (or any Order revoking or re-enacting this Order with or without modification) no hard surface, as permitted by Class F of Part 1 of the Second Schedule of the Order, shall be constructed. Reason To protect the amenities of the area and to satisfy saved policy GEN1 of the Hart District Local Plan. 19 All WC/ bathroom/ en-suite windows hereby approved shall be obscure glazed only and retained as such. Reason In the interests of privacy and to satisfy saved policy GEN1 in the Hart District Local Plan 20 No development shall take place until the existing building has been demolished and all resultant materials removed from site. Reason To protect the amenities of the area and to satisfy saved policy GEN1 of the Hart District Local Plan. 21 There shall be no burning of demolition materials on the site. Reason To protect the amenities of the area and to satisfy saved policy GEN1 of the Hart District Local Plan INFORMATIVES 1 The applicant is advised that under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. If any evidence of bats is found on site, Natural England must be informed and a licence for development obtained from them prior to works continuing. For further information go to or contact Natural England (S.E. regional office) on You may require Building Regulations Consent and we advise that you should contact Building Control on There is a charge for requests for compliance of conditions. The fee, where written confirmation is required that one or more conditions imposed on the same permission 162

184 have been complied with, is 28 per request for a householder development and 97 for all other development. The fee must be paid when the request is made and should be made payable to Hart District Council. The Council aims to respond within eight weeks from the date when the request and fee are received, to confirm whether the details are acceptable. Please quote the planning application reference number when submitting any details. 4 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance: o o o The applicant was provided with pre-application advice and the application was submitted in accordance with that advice. The applicant was advised of the issues relating to bin storage, the shop front and detailing to the elevations during the processing of the application and submitted amended plans to address these concerns. Consequently the application was considered acceptable. The applicant was advised of the issues relating to community infrastructure/impact on a European site as part of the processing of the application and was assisted to complete a Section 106 Planning Obligation to address these concerns. Consequently planning permission could be granted. 163

185 APPLICATION NO. LOCATION PROPOSAL APPLICANT COMMITTEE REPORT ITEM NUMBER: /01288/HOU CONSULTATIONS EXPIRY 11 July 2013 APPLICATION EXPIRY 13 August 2013 PLANNING COMMITTEE WARD MEMBER RECOMMENDATION 8 Connaught Road Fleet Hampshire GU51 3RA Alterations to front bay window and porch. Rear first floor extension Mr & Mrs Andrew and Johanna Ratcliffe Cllr Akmal Gani Grant Permission Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Please Note: Map is not to scale 164

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