Public Document Pack

To: All Members of the Development Control Committee

Councillor P Miller (Chair) Councillor N Robinson (Vice-Chair) Councillor M Bound Councillor D George Councillor S Grant Councillor S Godesen Councillor P Harvey Councillor D Leeks Councillor D Potter Councillor D Sherlock Councillor M Westbrook

Dear Councillor

Development Control Committee Wednesday, 6 March 2019

Your attendance is requested at a meeting of the Development Control Committee on:

Date: Wednesday, 6 March 2019 Time: 6.30 pm Place: Committee Rooms 1 & 2 - Deanes

Yours sincerely

Melbourne Barrett Chief Executive

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Chief Executive Melbourne Barrett MBA MRICS Interim Executive Director of Borough Development Neil Taylor Executive Director of Borough Services Rebecca Emmett BSc (Hons), AIEMA Interim Executive Director of Finance and Resources Graham Cadle

For more information please contact the Democratic Services team: 01256 844844 Or email: democratic.services@.gov.uk Visit: www.basingstoke.gov.uk/committeemeetings

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Public Participation Scheme Members of the public are invited to address the committee on all items presented at a committee meeting. Public speaking on these items will take place at the same time that the item is considered.

If members of the public wish to address the meeting they should notify Democratic Services prior to the meeting.

The public participation scheme is available to access through the council’s website - www.basingstoke.gov.uk/participation

COMMITTEE PAPERS If you need this information in a different format, such as large print, please contact Democratic Services.

Alternatively all documents associated with this agenda can be accessed through the Council’s website on http://www.basingstoke.gov.uk/committeemeetings

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AGENDA FOR THE DEVELOPMENT CONTROL COMMITTEE

Members are encouraged to obtain any points of clarification on the reports on the Agenda in advance of the meeting.

Members of the public will be invited to speak at the relevant item

1. APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

2. DECLARATIONS OF INTEREST

3. URGENT MATTERS

To consider any items of business, other than those shown on this agenda and which, by reason of special circumstances to be stated at the meeting, in the opinion of the Chairman, should be considered at the meeting as a matter of urgency

4. MINUTES OF THE MEETING HELD ON 6TH FEBRUARY 2019 7 - 44

The Chair will move that the minutes of the meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.

5. APPLICATIONS FOR PLANNING PERMISSION AND PUBLIC 45 - 200 PARTICIPATION THEREON

This report details the planning applications to the Committee for consideration and decision.

Contact Officer: Planning and Development Manager

Wards Affected: Basing, and North, Bramley and Sherfield, , and , , Tadley Central

6. EXCLUSION OF PRESS AND PUBLIC

To consider whether, in view of the nature of the remaining items on the agenda, any of them are likely to involve the disclosure of exempt or confidential information within the terms of Schedule 12A of the Local Government Act 1972

7. CONFIDENTIAL/ EXEMPT ITEMS FOR INFORMATION

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This page is intentionally left blank Agenda Item 4

Minutes of the Development Control Committee meeting held on Wednesday, 6 February 2019 in Committee Rooms 1 & 2 - Deanes, Borough Council at 6.30 pm

Members of the Development Control Committee in attendance: Councillor P Miller (Chair), Councillor N Robinson (Vice-Chair), Councillor M Bound, Councillor D George, Councillor S Grant, Councillor S Godesen, Councillor D Leeks, Councillor D Potter, Councillor D Sherlock and Councillor M Westbrook

51/18 Apologies for absence and substitutions

Councillor P Harvey was replaced by Councillor J Westbrook

52/18 Declarations of interest

Cllr M Westbrook declared that he had a predetermined position on application numbers 18/02322/FUL and 18/02323/ADV and stood down from the Committee.

53/18 Urgent matters

There were no urgent items.

54/18 Minutes of the meetings held on the 12th December 2018 and the 9th January 2019

The Minutes of the meetings held on 12th December 2018 and 9th January 2019 were confirmed by the Committee as a correct record and signed by the Chair.

55/18 Applications for planning permission and public participation thereon

The following Public Participation took place:

Interest Name Item no./Topic Support Mr D Bradbury Item 1 – 18/01089/FUL Support Mr S Garnett Item 1 – 18/01089/FUL Councillor Tate Item 1 – 18/01089/FUL Objector Mrs Kinnear (on behalf Item 2 – 17/02210/FUL of Mr Swallow) Support Mr Marsden Item 2 – 17/02210/FUL Support Mr Marsden Item 3 – 17/02211/LBC Support Mr Barkes Item 4 – 18/01341/FUL Support Mr Lasseter Item 4 – 18/01341/FUL Support Mr Markwick Item 5 – 18/01945/ROC Objector Mrs Markwick Item 5 – 18/01945/ROC Councillor Tate Item 5 – 18/01945/ROC Objector Mr Morris Item 6 – 18/02210/FUL

Page 7 Objector Ms Hall Item 6 – 18/02210/FUL Objector Mr Preedy Item 9 – 18/03245/HSE Support Mr Belsham Item 9 – 18/03245/HSE Councillor Bean Item 9 – 18/03245/HSE Parish Councillor Buckley Item 11 – 18/03394/FUL Support Painter Item 11 – 18/03394/FUL Support Kail Item 11 – 18/03394/FUL Councillor M Westbrook read out a Item 11 – 18/03394/FUL statement on behalf of Councillor Ashfield Support Mr Pettitt Item 12 - 18/03430/FUL Support Ms Leroux-Harvey Item 12 - 18/03430/FUL Councillor Ruffell Item 12 - 18/03430/FUL

1. Application – 18/01089/FUL: Erection of 17 apartments (2no 1 bedroom and 15 no 2 bedroom), parking, landscape and associated works. Site: Land Adjacent To Aldermaston Road And Boundary Place Tadley RG26 4QA

The Committee considered the report set out on pages 85 to 114 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application, which had previously been considered at the Development Control Committee meeting on the 12th December 2018. The Committee agreed to defer the application to allow the applicant to submit further information in relation to the affordable housing provision and the applicant’s stated contractual position with a registered affordable housing provider.

Members discussed the affordable housing provision and acknowledged that only 5 affordable units were secured within a S106 agreement. Mixed views were expressed as to whether the remaining 12 units could be accomplished in terms of affordable housing, as it would be reliant upon external bodies and a funding process which sat outside of any planning permission.

Some Members felt that there could be limited daylight to the apartments due to the proposed dwelling being located so near to a row of well-established Oak Trees and were concerned about the preservation of the Oak Trees long term.

Members referred to the recent appeal decision (ref APP/H1705/W/18/3200851) dated the 5th February 2019 where the site was located within Sector G of the Detailed Emergency Planning Zone (DEPZ). The appeal against refusal of the planning application was dismissed as the Inspector found that 'the proposal would adversely impact on the functioning of the emergency plan in the event of an incident through adding to existing pressures on resources to respond to an incident'. It was concluded that the proposal for three dwellings conflicted with Local Plan Policy SS7 and the National Planning Policy Framework (NPPF) (para 95) and that the harm identified would not be outweighed by other planning considerations.

Page 8 Most Members agreed that as the application site was situated within the DEPZ surrounding the Aldermaston Atomic Weapons Establishment (AWE). The proposed development would, as a result of the increase in population, within the most densely populated sector of the DEPZ (Sector H), have a detrimental impact on the Aldermaston off-site emergency planning arrangements. As such, the proposal would be contrary to the requirements of Local Plan Policy SS7 and guidance contained within Paragraphs 95 and 180 of the NPPF (2018).

RESOLVED that: the application be REFUSED for the following reasons:

Reasons for Refusal

1 The application site is situated within the Detailed Emergency Planning Zone (DEPZ) surrounding the Aldermaston Atomic Weapons Establishment (AWE). The proposed development would, as a result of the associated increase in population, the proximity to the centre of the DEPZ and location within the second most densely populated sector of the DEPZ (Sector J), have a detrimental impact on the Aldermaston off-site emergency planning arrangements. As such the proposal would be contrary to the requirements of Policy SS7 of the Basingstoke and Deane Local Plan 2011-2029 and guidance contained within Paragraphs 95 and 180 of the National Planning Policy Framework (2018).

2 In the absence of any suitable legal agreement, or sufficient information to justify the absence of a legal agreement, the proposed development does not make adequate provision for affordable housing and relevant community infrastructure to adequately off-set the impact of the development. The proposed development is therefore contrary to the Community Infrastructure Levy Regulations 2010 (Revised 2015), Policies CN1, CN6 and CN8 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance contained within the Planning Obligations for Infrastructure Supplementary Planning Document (March 2018) and the National Planning Policy Framework (2018).

Informative(s):-

1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

- proactively offering a pre-application advice (in accordance with paragraphs 39 - 46) - seeking further information following receipt of the application; - seeking amendments to the proposed development following receipt of the application; - considering the imposition of conditions (in accordance with paragraphs 54-55)

In this instance:

- the applicant was provided with pre-application advice;

Page 9 - the applicant was updated of any issues.

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

2. Application – 17/02210/FUL: Full planning permission is sought via enabling development for the repair and conservation of the listed agricultural barn for agricultural and ancillary residential storage use, the conversion and extension of locally listed barn to form 1 no. 4 bedroom dwelling, and the demolition and part demolition of farm buildings, lean-to extension and single storey extension. Outline permission is sought for the erection of 3 no. dwellings between the farm yard and 1 and 2 Freemantle Farm Cottages, and 1 no. dwelling on land to the East of the junction of Ashe Lane and the existing access to Freemantle Farm Site: Freemantle Farm Hannington Road RG26 5TP

The Committee considered the report set out on pages 115 to 155 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and the main area of concern raised was the location of (site 3) the proposed dwelling on land at the junction of Ashe Lane.

Some Members felt, as the location of site 3 was by ancient woodland it would be harmful to wildlife and have an adverse impact on landscape character and visual amenity and contrary to Local Plan Policy EM1.

Members considered that site 3 would result in an isolated dwelling in the countryside and conflicted with Local Plan Policies SS6 and SS1.

The Committee were in general support of sites 1 and 2 but agreed to defer the application for the applicant to consider an alternative location for site 3.

RESOLVED that: the application be DEFERRED for the applicant to consider alternatives to Site 3 as shown on the submitted plans.

3. Application – 17/02211/LBC: Repair and conservation of the listed agricultural barn for agricultural and ancillary residential storage use. Conversion and extension of locally listed barn forming 4 bedroom dwelling. Demolition and part demolition of farm buildings, lean-to extension and single storey extension. Site: Freemantle Farm Hannington Road North Oakley RG26 5TP

The Committee considered the report set out on pages 156 to 176 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and agreed to defer the application due to the connection with the deferred application number

Page 10 17/02210/FUL above.

RESOLVED that: the application be DEFERRED alongside item 2 for the applicant to consider alternatives to Site 3 as shown on the submitted plans.

4. Application – 18/01341/FUL: Change of use of land from equestrian to residential garden. Change of use from residential garden to equestrian and formation of replacement boundary ha-ha wall. Site: Willow House Stoke Road St Mary Bourne SP11 6EF

The Committee considered the report set out on pages 177 to 187 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and generally felt that the applicant had approached the changes in a sympathetic way, which would not visually affect the landscape.

RESOLVED that: the application be APPROVED subject to the conditions below and for the following reasons.

Reasons for Approval

1 The proposed development would be sympathetic to and integrate successfully with the landscape character, visual amenity and scenic quality of this countryside location. The proposal would therefore accord with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029, Policy P5 of the St Mary Bourne Parish Neighbourhood Plan (2016-2029) and guidance contained within the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018) and the National Planning Policy Framework (2018) subject to the following conditions and informatives:-

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan. 777-04, Proposed Landscape Layout. Typical Section through Ha-ha.

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.

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

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3 Prior to the commencement of earthworks in regard to the construction of the new Ha-ha samples of the types and colours of external materials to be used in the construction of the Ha-ha wall, including colour of mortar, together with samples have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.

REASON: In the interests of the visual amenities of the area and the preservation of the setting and character of the Conservation Area and in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan.

4 Within one month of this permission there shall be submitted to and approved in writing by the Local Planning Authority a scheme of landscaping which shall specify species, planting sizes, spacing and numbers of tree / shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding season following the first use of the land as approved is commenced. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority.

REASON: To preserve the appearance of the site in the interests of visual amenity and the setting of the Conservation Area in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy P5 of the St Mary Bourne Neighbourhood Plan.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

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

Page 12 condition. The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

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

In this instance:

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

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

3. Ideally any site clearance should take place outside of bird nesting season (March - August inclusive) to avoid impact on nesting birds protected under The Wildlife and Countryside Act 1981. If clearance works need to be undertaken during the nesting season then the area should be first inspected by a suitably qualified ecologist in order to determine if any nesting is occurring. Should this be the case then works must cease in the area of the nest until nesting has finished and fledglings have left the nest.

5. Application – 18/01945/ROC: Variation of Condition 3 of BDB/43255 to allow small scale specialist classic car restoration from the garage Site: The Old Chapel Baughurst Road Baughurst RG26 5LL

The Committee considered the report set out on pages 188 to 197 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and paid particular attention to noise, smell and operational hours associated with the business and any potential impact to the neighbouring properties.

Members referred to the ‘Sound Planning Environmental Noise Impact Assessment’ that was submitted with the application, which confirmed that any noisy activities such as heavy machinery and shot blasting and the use of chemicals such as chroming would be undertaken off site by specialists. In addition, the small ventilation system fitted within the workshop would not produce any external noise when in operation. The main workshop door was also acoustically insulated and the air compressor would be housed within an acoustic enclosure.

Page 13 Most members were satisfied that it was a modest small business enterprise with adequate measures in place in terms of noise and smells but requested that condition 3 be amended to clarify that no more than 2 motor vehicles be worked on within the site and located in the garage at any one time.

In addition, an extra condition be included for the operation hours of the business.

RESOLVED that: the application be APPROVED subject to the conditions listed below and for the following reasons.

Reasons for Approval

1 The development would not cause an adverse impact on the public footpath or highway safety and as such the proposal complies with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

2 The proposed development would not cause undue noise and disturbance impacts to neighbouring properties and as such complies with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3 The proposed development preserves the rural character and appearance of the area and as such is considered to accord with the National Planning Policy Framework (July 2018) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029. subject to the following conditions and informatives:-

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

- Block Plan - Drawing number 102

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

2 Before the approved use commences the noise mitigation measures identified in section 7.0 of the Sound Planning Environmental Noise Impact Assessment (Ref: J03567) shall be implemented in full and thereafter maintained.

REASON: In the interests of residential amenity and in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011 -2029.

3 No more than 2 motor vehicles in association with the specialist classic car restoration business shall be worked on at the site at any one time with all restoration works to occur within the garage.

REASON: To ensure that the proposed development shall be carried out in such a manner as to prevent vehicles encroaching onto the highway and in

Page 14 accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

4 The car restoration business shall not operate before 08:00 hours or after 18:00 hours on Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays nor at any time on Sundays or any recognised bank or public holiday.

REASON: To protect the amenities of the occupiers of nearby properties and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

seeking further information following receipt of the application;

considering the imposition of conditions

In this instance:

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

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

6. Application – 18/02210/FUL: Erection of 2 no. 2 bed and 1 no. 3 bed dwellings, with associated amenity space and parking, following demolition of existing garages Site: Garage Site Off Mansfield Road Basingstoke

The Committee considered the report set out on pages 198 to 223 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and stated that it would be a good use of the redundant garages, provide three affordable dwellings and make a positive contribution to the local area.

Members favoured the design of the proposed dwellings as it included dorma windows, which would restrict the height and any potential overlooking to the neighbouring properties.

Members requested that an addition informative be included to draw the applicants attention to their duties under the Countryside and Wildlife Act and consider biodiversity enhancements for protected species on the sites bounding their land.

RESOLVED that: the application be APPROVED subject to the conditions listed

Page 15 below and for the following reasons.

Reasons for Approval

1 The proposed development would make efficient use of previously developed land within a sustainable location through the delivery of housing within the Settlement Policy Boundary of Basingstoke. The proposal therefore accords with Policies SD1 and SS1 of the Basingstoke and Deane Local Plan 2011-2029 and the provisions of the National Planning Policy Framework (2018).

2 The development would be of an appropriate design and relate to surrounding development in a sympathetic manner and as such complies with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2018).

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

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

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

- 1033-941-0001 Location Plan - 1033-942-0101 Rev P5 Site Plan - 1033-942-1001 Rev B Proposed Elevations and Floor Plans (Plot 1) - 1033-942-1002 Rev A Proposed Elevations and Floor Plans (Plots 2 & 3) - C85906-SK-004 Rev A Proposed Levels

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.

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

3 No development above ground slab level shall commence until details of the types and colours of external materials and finishes to be used, including colour of mortar, together with samples, have been submitted to and

Page 16 approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.

REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 No hard landscaping works shall commence on site until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining buildings are first occupied and thereafter maintained.

REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

5 Prior to installation a plan indicating the positions, design, materials and type of screen walls/fences/hedges to be erected, shall be submitted to and approved in writing by the Local Planning Authority. The approved screen walls/fences shall be erected before the dwelling hereby approved is first occupied and shall subsequently be maintained as approved. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, details of which shall be agreed in writing by the Local Planning Authority before replacement occurs.

REASON: Details are required in the interests of the amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6 The development hereby approved shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before development commences. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority.

REASON: To improve the appearance of the site in the interests of visual

Page 17 amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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

The Statement shall include for:

i. compliance with The Construction (Design and Management) Regulations 2015 and in particular Part 3 Regulation 8 General duties, whereby construction must be undertaken 'in a manner that secures the health and safety of any person affected by the project.'

ii. the parking and turning of vehicles of site operatives and visitors off carriageway (all to be established within one week of the commencement of development);

iii. loading and unloading of plant and materials away from the maintainable public highway;

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

v. wheel washing facilities or an explanation why they are not necessary;

vi. measures to control the emission of dust and dirt during construction;

vii. a scheme for recycling and disposing of waste resulting from construction work; and

viii. the management and coordination of deliveries of plant and materials and the disposing of waste resulting from construction activities so as to avoid undue interference with the operation of the public highway, particularly during the Monday to Friday AM peak (08.00 to 09.00) and PM peak (16.30 to 18.00) periods.

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

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

Page 18 including works of demolition or preparation prior to operations, or internal painting or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.

REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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

REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

10 The development hereby permitted shall not be occupied, until details of the provision of 2 vehicle parking spaces within the curtilage of each dwelling, in accordance with the adopted standards, have been submitted to and approved in writing by the Local Planning Authority and the approved parking has been constructed, surfaced and marked out in accordance with the approved details. The parking spaces approved shall thereafter not be used for any purpose other than parking, loading and unloading of vehicles.

REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

11 Notwithstanding the details shown on the approved plans, the development hereby permitted shall not be occupied or the approved use commence, whichever is the sooner, until secure cycle parking facilities for 2 long and 1 short stay places have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. The approved secure cycle storage shall be constructed and fully implemented before occupation or the approved use commences, whichever is the sooner, and thereafter maintained in accordance with the approved details.

REASON: To improve provision for cyclists and discourage the use of the private car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

12 With the exception of the demolition of existing buildings and removal of existing hardstanding and underground infrastructure no works pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority:-

(a) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being

Page 19 appropriate by the JNP Group Desk Study Report and in accordance with BS10175:2001- Investigation of Potentially Contaminated Sites - Code of Practice;

and, unless otherwise agreed in writing by the Local Planning Authority,

(b) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring.

If during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority.

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR11'.

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

13 The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 12(b) that any remediation scheme required and approved under the provisions of condition 12(b) has been implemented fully in accordance with the approved details. Such verification shall comprise;

- as built drawings of the implemented scheme;

- photographs of the remediation works in progress;

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

Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 12(b).

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to

Page 20 controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

14 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re- enacting that Order with or without modification) no building, structure or other alteration permitted by Classes A, B, or E of Part 1 of Schedule 2 of the Order shall be erected on the application site without the prior written permission of the Local Planning Authority on an application made for that purpose.

REASON: To prevent the overdevelopment of the site in the interests of the amenity of the area and to prevent harm upon neighbouring properties in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

15 The development hereby approved shall be carried out in accordance with the mitigation measures, drainage strategy and recommendations set out within the Flood Risk Assessment and Drainage Strategy Ref:C85906-R001 dated August 2018 and prepared by jnpgroup.

REASON: To ensure that the proposed development is satisfactorily drained in accordance with Policies EM7 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

16 Prior to occupation of the dwelling hereby approved a certification of compliance demonstrating that the development has achieved the water efficiency standard of 110 litres of water per person per day (or less) shall be submitted (by an independent and suitably accredited body) to and approved in writing by the Local Planning Authority.

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

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

Page 21 1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

proactively offering a pre-application advice (in accordance with paragraphs 39 - 46); seeking further information following receipt of the application; seeking amendments to the proposed development following receipt of the application; considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 54-57).

In this instance:

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

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

3. If this development will result in new postal addresses or changes in addresses, please contact the Council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can also be found on the Council's website.

4. The applicant is encouraged to contact the Housing Department in relation to how the affordable housing on this site will be brought forward.

5. Shrub clearance should be undertaken outside of bird nesting season (March to August inclusive) if at all possible in order to avoid impact on nesting birds protected under the Wildlife and Countryside Act 1981. Should clearance be required during nesting season then the site should first be surveyed by a suitably qualified ecologist for signs of nesting and if any area found works should cease in that area until nesting has been completed and fledglings have left the nest.

Page 22 6. The applicant is advised that all works must be undertaken with regard to the Countryside and Wildlife Act 1981 and the responsibilities placed upon parties upon discovery of any protected species. Furthermore the applicant is encouraged to consider the formation of biodiversity enhancements on land immediately adjacent to the northern boundary of the site

7. Application – 18/03034/FUL: Proposed installation of canopy and portakabin within area of existing car park to create car park valeting franchise. Site: Morrisons Road Basingstoke RG21 8BJ

The Committee considered the report set out on pages 224 to 245 of the agenda and other matters discussed at the meeting.

The Committee discussed the proposed application, which had previously been considered at the Development Control Committee meeting on the 7th November 2018. The Committee agreed to defer the application to allow the applicant to submit further information relating to the management of the development proposed.

Members discussed the location of the proposed car park valeting franchise. They were concerned about the queuing of multiple vehicles, the potential restrictions to the accessible parking spaces and believed the franchise was situated in the wrong place.

Members felt that there was insufficient information supplied on the impacts of the discharge of water, trade effluents from the site and the potential pollution to the River Loddon, and therefore was contrary to Local Plan Policy EM6.

RESOLVED that: the application be REFUSED for the following reasons:

Reasons for Refusal

1 Insufficient information has been submitted to accompany the application to demonstrate that the car park valeting franchise would not result in a deterioration in the quality of water of the borough's water environment. The proposal is contrary to Policy EM6 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

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

In this instance:

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

Page 23 In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

8. Application – 18/02323/ADV: Display of non-illuminated signs for car park valeting franchise. Site: Morrisons Worting Road Basingstoke RG21 8BJ

The Committee considered the report set out on pages 246 to 255 of the agenda and other matters discussed at the meeting.

RESOLVED that: the application be APPROVED subject to the conditions listed below and for the following reasons.

Reasons for Approval

1 The proposed advertisements would be of an appropriate size and design and its siting is consistent with the level of advertisement display that could reasonably be expected within a large food store combined with petrol filling station. As such, the proposed development complies with the National Planning Policy Framework (July 2018), Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, the Design and Sustainability Supplementary Planning Document 2018 and the Town and Country Planning (Control of Advertisements)() Regulations 2007.

2 The siting of the proposed signage is sufficiently above ground level so that it would not be so confusing or distracting so that it creates a hazard for, or endangers, people who are taking reasonable care for their own and others' safety. As such, the proposed signage would have no adverse impact upon users of the adjacent highways and complies with the National Planning Policy Framework (July 2018), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Town and Country Planning (Control of Advertisements)(England) Regulations 2007. subject to the following conditions and informatives:-

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

CHQ.18.15263-PL01A Site Location Plan CHQ.18.15263-PL02 Existing Site Plan CHQ.18.15263-PL03B Proposed Site Plan CHQ.17.15263-PL05A Proposed Unit Details and Visuals

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

2 a) Any advertisements displayed and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

Page 24 b) Any hoarding or similar structure, or any sign, placard, board or device erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

c) Where any advertisement is required under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 to be removed, the removal thereof shall be carried out to the reasonable satisfaction of the Local Planning Authority.

d) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

e) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

REASON: As required by the provisions of the Town and Country Planning (Control of Advertisements) Regulations.

3 This consent shall be for a limited period of five years from the date of this notice.

REASON: As required by the provisions of the Town and Country Planning (Control of Advertisements) Regulations.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

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

Page 25 curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

considering the imposition of conditions

In this instance:

the application was acceptable as submitted and no further assistance was required.

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

9. Application – 18/03245/HSE: Erection of two storey side extension. Site: 43 Cyprus Road Basingstoke RG22 4UY

The Committee considered the report set out on pages 256 to 268 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

RESOLVED that: the application be APPROVED subject to the conditions listed below and for the following reasons:

Reasons for Approval

1 The proposed development would be of an appropriate design and would relate in a sympathetic manner to the street scene and character of the area and as such complies with the National Planning Policy Framework (July 2018), Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, and Section 11 of the Design and Sustainability Supplementary Planning Document 2018.

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

3 The proposed development would not adversely impact on the existing parking provision at the site. As such, the proposal would not cause detrimental impacts to highway safety and would accord with the National Planning Policy Framework (July 2018) and Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029. subject to the following conditions and informatives:-

Page 26

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

18131 PL 01 Site Location Plan and Block Plan 18131 PL 02 Proposed Plans 18131 PL 03 Proposed Elevations

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.

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

3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building.

REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 The first floor window in the south west (side) elevation serving the bathroom in the development hereby approved shall:

(a) be of purpose-made obscure glass, (b) be permanently fixed closed below a height of 1.7m above finished floor level, and shall thereafter be retained in that form.

REASON: To protect the privacy of the adjacent property and to prevent overlooking, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

Page 27

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

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

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

In this instance:

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

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

10. Application – 18/03276/ROC: Variation of condition 1 of permission 13/01941/FUL to allow substitution of the approved plans with revised drawings amending the design and layout of the development (Part retrospective). Site: Land At Frith Farm, South Of Church Lane Wolverton Ham

The application was withdrawn from the agenda.

RESOLVED that: the application was WITHDRAWN FROM THE AGENDA.

11. Application – 18/03394/FUL: Erection of a replacement dwelling with ancillary works. Site: Doralea The Green Whitchurch RG28 7LU

The Committee considered the report set out on pages 289 to 303 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and stated that the site was adequate in size for the replacement dwelling, which would not dominate or adversely affect the neighbouring properties.

Members thought that the proposed dwelling would not be out of character with the

Page 28 street scene due to the diversity of properties in the local area.

It was noted that the site was in close proximity to the boundary of the Whitchurch Conservation Area and it was thought that the proposal would not be adversely prominent to views into or from the Conservation Area as to generate harm to the special architectural or historic qualities for which the area has been designated.

RESOLVED that: the application be APPROVED subject to the conditions listed below and for the following reasons:

Reasons for Approval

1 The development would be of an appropriate design, would enhance the site and relate to surrounding development in a sympathetic manner and would integrate harmoniously into the street scene which is characterised by a mix properties in terms of design and size and as such complies with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy GD1 of the Whitchurch Neighbourhood Development Plan 2014-2029. subject to the following conditions and informatives:-

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

- Proposed Plans and Elevations (drawing no. 18/AP/02)

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.

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

3 No development above ground floor slab level shall commence on site until details of the types and colours of external materials to be used, including colour of mortar and any finishes (e.g. stain to timber boarding), together with samples, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.

REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy GD1 of the Whitchurch Neighbourhood Development Plan 2014-2029.

Page 29

4 The development shall be carried out and maintained in accordance with the recommendations and procedures contained within Chapter 7 Further Surveys, Mitigation, Compensation and Enhancement of the Ecological Appraisal by J Taylor Consulting dated 31/10/2018.

REASON: In order to ensure no adverse impact on the conservation status of these protected species in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy LD2 of the Whitchurch Neighbourhood Development Plan 2014-2029.

5 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or internal painting or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.

REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

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

REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

7 The development hereby permitted shall not be occupied or the use commence, whichever is the sooner, until three vehicle parking spaces have been constructed and surfaced in accordance with the approved details and that area shall not thereafter be used for any purpose other than parking, loading and unloading of vehicles.

REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

8 The development hereby permitted shall not be occupied until the property has provision within its curtilage for secure cycle parking facilities for 2 long and 1 short stay places with a transit route to and from the public highway, The cycle storage shall thereafter be retained and maintained unless otherwise agreed in writing by the Local Planning Authority.

REASON: To improve provision for cyclists and discourage the use of the private car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.

9 Within 3 months of the date of commencement a Construction Statement

Page 30 detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details.

REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.

10 The garage hereby approved shall be retained and used solely for purposes incidental to the enjoyment of the private dwelling house and shall not be used in connection with any trade, business, profession or commercial enterprise. The garage hereby approved shall not be converted or used for any residential purpose other than as a domestic garage for the parking of vehicles and cycles.

REASON: To ensure adequate on-site parking provision and to discourage parking on the adjoining highway in the interest of local amenity and highway safety; and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

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

Page 31 or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

- considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 54-57).

In this instance:

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

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

12. Application – 18/03430/FUL: Sub-division of Elderfield House to form 2 no. dwellings, and the erection of 3 no. dwellings in the curtilage of Elderfield House; with associated access, parking, turning space, landscaping, and private amenity space. Site: Elderfield House Bagmore Lane RG25 2PY

The Committee considered the report set out on pages 304 to 330 of the agenda together with the further material set out on the addendum sheet and other matters discussed at the meeting.

The Committee discussed the proposed application and believed that it would be a sustainable form of development due to the close proximity of other dwellings and public amenities.

Members said there was adequate space in the garden to accommodate the proposal, which would be well screened and therefore would not result in any harm to the character and appearance of the surrounding area.

RESOLVED that: the application be APPROVED subject to the conditions listed below and for the following reasons:

Reasons for Approval

1 The application site is considered to be 'Previously Developed Land' and the development complies with Policy SS6a of the Basingstoke and Deane Local Plan 2011-2029 in that, the site is not physically isolated; not an area of high environmental value; and the use and scale of the development is appropriate to the area, representing a sustainable form of development.

2 The development would provide for an appropriate layout, scale, mass and design which would integrate with the surroundings and rural character of the area, retaining spaciousness around the development in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029.

Page 32 subject to the following conditions and informatives:-

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

170831-01 Location Plan 170831-10 Rev B Site Plan 170831-11 Rev A Plot 1 Proposed Elevations and Floor Plans 170831-12 Rev A Plot 2 Proposed Elevations and Floor Plans 170831-13 Plot 3 Proposed Elevations and Floor Plans 170831-14 Plots 4 & 5 Proposed Floor Plans 170831-15 Plots 4 & 5 Proposed Elevations

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.

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

3 No development above ground floor slab level shall commence until details of the types and colours of external materials and finishes to be used, including, fenestration/openings, colour of mortar, together with samples, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.

REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 No hard landscaping works shall commence on site until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining buildings are first occupied and thereafter maintained.

REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

5 Prior to installation a plan indicating the positions, design, materials and type of screen walls/fences/hedges to be erected, shall be submitted to and approved in writing by the Local Planning Authority. The approved screen walls/fences shall be erected before the dwelling hereby approved is first

Page 33 occupied and shall subsequently be maintained as approved. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

REASON: Details are required in the interests of the amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6 The development hereby approved shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before development commences. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

REASON: Details are required in the absence of accompanying the application in order to improve the appearance of the site in the interests of visual amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

7 Tree Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the: - Barrell Tree Consultancy arboricultural assessment & method statement heads of terms, ref: 17316-AA3-AN - Tree protection plan ref: 17316-BT3. - Manual for managing trees on development sites v2.1.

REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.

8 No development including site clearance, demolition, ground preparation, temporary access construction/widening, material storage or construction works shall commence until a detailed Arboricultural Method Statement, prepared in accordance with BS5837:2102 Trees in Relation to Design, Demolition and Construction, has been submitted to and approved in writing by the Local Planning Authority. The statement shall outline how trees will be protected during the development and shall include a tree protection plan. No development or other operations shall take place other than in complete

Page 34 accordance with the approved method statement.

REASON: Details are required prior to commencement of the development to ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (July 2018) and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.

9 No development including site clearance, demolition, ground preparation, temporary access construction/widening, material storage or construction works shall commence on site until a plan showing the location of all existing and proposed utility services in relation to the arboricultural constraints on the site has been submitted to and approved in writing by the Local Planning Authority. This shall include gas, electricity, communications, water and drainage. No development or other operations shall take place other than in complete accordance with the Utility Plan. REASON: Details are required prior to commencement of the development to ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (July 2018) and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.

10 No external lighting shall be installed/erected on, or within the curtilage of the dwellings hereby approved unless details have first been submitted to and approved in writing by the Local Planning Authority. REASON: Details are required in the interests of the visual amenities of the area and to avoid adverse harm to biodiversity in accordance with Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

11 The development hereby approved shall be undertaken in accordance with the recommendations and procedures contained within Chapter 4 Evaluation of the Ecological Appraisal by Turnstone Ecology dated 22 November 2018. This will include: - Native planting scheme and an increase in native hedgerow on site; - If works start post March 2019 a further inspection for badger activity to inform works; - If any external lighting is introduced a plan in line with Bat Conservation Trust guidelines should be produced and supplied to the Local Planning Authority; - The incorporation of two bat tubes and two bird nest boxes as described within the chapter; and - Mitigating work practices as described for birds and reptiles with relation to timing and procedures.

The development shall be maintained in accordance with mitigation measures in perpetuity.

REASON: To ensure protection of key species, protected under The Conservation of Habitats and Species Regulations 2017, the Badger Act 1992 and The Wildlife and Countryside Act 1981 as well as to accord with Policy

Page 35 EM4 of the Basingstoke and Deane Local Plan 2011-2029.

12 No development above ground level shall take place on site until details of the gas impermeable membrane with ventilated sub-floor area, with particular attention to joins with any existing structures and seals around any services, has been submitted to and agreed in writing by the Planning Authority. Any services entering/leaving the structure shall be located above the gas impermeable membrane, and adequate seals will be provided to ensure the membrane is not breached. The works shall be undertaken in accordance with the approved details.

REASON: Details are required in the absence of accompanying the application to ensure that adequate measures are taken to avoid the potential risk to future occupiers from natural gases arising from the ground in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

13 No works shall commence on site until proposed foul and surface water drainage details, including means of disposal, have been submitted to and approved by the Local Planning Authority and no building shall be occupied until all drainage works have been carried out in accordance with such details as approved.

REASON: Details are required prior to development as inadequate information has been provided with the application and in order to ensure that the proposed development is satisfactorily drained and that there would not be a detrimental impact upon retained trees in accordance with Policies EM1, EM7 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

14 No works shall take place on site until a measured survey of the site has been undertaken and a plan prepared to a scale of not less than 1:500 showing details of existing and intended final ground levels and finished floor levels in relation to a nearby datum point which shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed and thereafter maintained in accordance with the approved details.

REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of the amenities and character of the area and to ensure that retained trees are protected in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

15 The dwellings hereby approved shall not be occupied until details of the method of construction of the means of access have been submitted to and approved in writing by the Local Planning Authority. Such details shall include visibility splays, proposed surface material and measures to prevent obstructions to visibility splays. The approved access details shall be constructed and fully implemented before the occupation of the dwelling and shall be thereafter maintained in accordance with the approved details.

Page 36 REASON: Details are required in the absence of accompanying the application to ensure that a satisfactory means of access to the highway is constructed and maintained in the interest of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

16 Notwithstanding the details shown on the approved plans, the installation/creation of roads and parking areas for the new dwellings, shall not commence, until a motor vehicle parking layout plan which is in accordance with the Parking Standards Supplementary Planning Document (2018), including unobstructed pedestrian access (minimum width 0.9 metres) to the primary entrances of the properties, has been submitted to and approved in writing by the Local Planning Authority. Such drawings shall include details of the surface materials for the vehicle manoeuvring and parking areas. The approved motor vehicle parking layout shall be constructed and fully implemented as shown on the approved plans before occupation or the approved use commences, whichever is the sooner, and the areas of land so provided shall be thereafter maintained and shall not be used for any purposes other than the, manoeuvring, loading and unloading and parking of vehicles, and access for pedestrians.

REASON: Details are required in the absence of accompanying the application in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Basingstoke and Deane Parking Supplementary Planning Document (2018).

17 Notwithstanding the details shown on the approved plans, the development hereby permitted shall not be occupied or the approved use commence, whichever is the sooner, until secure cycle parking facilities for 2 long and 1 short stay places per dwelling have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. The approved secure cycle storage shall be constructed and fully implemented before occupation or the dwellings, and thereafter maintained in accordance with the approved details.

REASON: Details are required in the absence of accompanying the application to ensure provision is made for cyclists and to discourage the use of the private car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

18 No part of the development shall be occupied until refuse storage and collection facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.

REASON: Details are required in the absence of accompanying the application to ensure that the storage and collection of refuse does not harm

Page 37 highway safety or impact detrimentally upon the amenities of the site in accordance with Policies CN9, EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

19 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, or internal painting or fitting out, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.

REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

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

REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

21 The windows at first floor level within the south east elevation of plot 1, the en-suite first floor window within the south east elevation of plot 2, the en- suite first floor window within the north east elevation of plot 3, the en-suite first floor window within the north western elevation of plot 3 and the bathroom window at first floor within the south western elevation of plot 3 of the development hereby permitted shall be glazed with obscured glass, precise details of which, together with details of any means of opening, shall be submitted to and approved in writing by the Local Planning Authority before installation and shall be permanently maintained in that condition.

REASON: Details are required in the absence of accompanying the application to protect the privacy of the adjacent property and to prevent overlooking, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

22 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re- enacting that Order with or without modification) no additional openings shall be inserted in the south eastern elevations of plots 1 and 2 and the north western elevation of plot 3 of the development hereby approved without the prior permission of the Local Planning Authority on an application made for the purpose.

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

Page 38 23 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re- enacting that Order with or without modification) no building, structure or other alteration permitted by Classes A to F of Part 1 and Class A of Part 2 of Schedule 2 of the Order shall be erected on the application site without the prior written permission of the Local Planning Authority on an application made for that purpose.

REASON: To prevent the overdevelopment of the site in the interests of the amenity of the area, to ensure that any development is appropriate in relation to the sites retained tress and within the sites rural setting in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.

24 The development herby approved shall not be occupied until a Construction Statement detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details.

REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.

25 A minimum of 15% of the dwellings hereby approved shall be built to accessible and adaptable standards to enable people to stay in their homes as their needs change. No development above ground level (excluding demolition) shall commence on site until details of which properties are to be built to such standards are submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: Details are required in the absence of accompanying the planning submission and to ensure an appropriate co-ordinated high quality form of development and to accord with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Housing Mix and Lifetime Mobility Standards Supplementary Planning Document.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local

Page 39 Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

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

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

o proactively offering a pre-application advice (in accordance with paragraphs 39 - 46); o seeking further information following receipt of the application; o seeking amendments to the proposed development following receipt of the application; o considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 54-57).

In this instance:

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

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

3. If this development will result in new postal addresses or changes in addresses, please contact the Council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can also be found on the Council's website.

4. Shrub clearance should be undertaken outside of bird nesting season (March to August inclusive) if at all possible in order to avoid impact on nesting birds protected under the Wildlife and Countryside Act 1981. Should clearance be required during nesting season then the site should first be surveyed by a suitably qualified ecologist for signs of nesting and if any area found works should cease in that area until nesting has been completed and fledglings

Page 40 have left the nest.

5. The Applicant is advised that in relation to condition 25 accessibility and adaptability standards are achieved by meeting requirement M4(2) or M4(3) of the Building Regulations 2015 or any subsequent government standard.

6. The Council encourages all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment.

7. This Decision Notice must be read in conjunction with a Highways Agreement completed under the terms of Section 278 of the Highways Act 1980 (as amended). You are advised to satisfy yourself that you have all the relevant documentation.

8. The development hereby approved results in the requirement to make payments to the Council as part of the Community Infrastructure Levy (CiL) procedure. A Liability Notice setting out further details and including the amount of CiL payable will be sent out separately from this Decision Notice. You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the Council prior to the commencement of development. Failure to submit the Commencement Notice prior to the commencement of development will result in the loss of any exemptions claimed; the loss of any right to pay by instalments; and additional costs to you in the form of surcharges. Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy .

13. Application – 18/03463/HSE: Erection of single storey front, first floor side and two storey rear extension. Site: 7 Eton Close Basingstoke RG22 4YE

The Committee considered the report set out on pages 331 to 341 of the agenda and other matters discussed at the meeting.

RESOLVED that: the application be APPROVED subject to the conditions listed below and for the following reasons.

Reasons for Approval

1 The proposed development would be of an appropriate design and would relate in a sympathetic manner to the street scene and character of the area and as such complies with the National Planning Policy Framework (July 2018), Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, the Design and Sustainability Supplementary Planning Document (2018).

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

3 The proposed development would provide adequate parking provision in

Page 41 accordance with highway requirements and would not detrimentally affect highway safety. As such the development would accord with the National Planning Policy Framework (July 2018), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018). subject to the following conditions and informatives:-

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plan:

Proposed Alterations - Drawing Number: 01 Rev C - Received 16th January 2019

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.

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

3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building.

REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 The development hereby permitted shall not be occupied or the use commence, whichever is sooner, until provision for the parking of 3 vehicles, have been made within the curtilage of the property and the areas of land so provided shall be thereafter maintained and shall not be used for any purposes other than the manoeuvring, loading and unloading and parking of vehicles, and access for pedestrians.

REASON: In the interests of highway safety and in accordance with Polices CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This

Page 42 means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.

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

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

seeking amendments to the proposed development following receipt of the application; considering the imposition of conditions

In this instance:

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

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

Meeting ended: 22:33

Chairman

Page 43 This page is intentionally left blank Agenda Item 5

Applications for Planning Permission

Report to Development Control Committee Ward(s): See Index of Planning Applications Key Decision: No. Appendices: Index of Planning Application Reports

1. Application Forms, Accompanying Documents and Plans 2. Previous Applications and Reports Relating to Site and Land in the Vicinity 3. Consultation Responses Received from other Local Authority Papers relied on: Departments, County Council and Statutory Consultees 4. Responses Received from Parish/Town Councils, the Public, Local Councillors, Amenity Societies and any Others 5. Any Other Document Referred to Specifically in the Report

Foreword

1 This Report

Is intended to:

1.1 Report planning applications to the Committee for consideration and decision.

1.2 Contribute to the objectives of the Council Plan, which seeks to deliver quality services, in allowing effective and efficient determination of planning applications that improve both the environment and the economy.

Page 45

2 Recommendation

It is recommended that:

 The planning applications reported in Appendix 1 be considered and determined.

DETAIL/MAIN CONSIDERATIONS

3 Background, corporate objectives and priorities

3.1 This report includes recent planning applications submitted to the Council as Local Planning Authority. The report relates to the Council Plan of objective of improving residents’ quality of life in regard to maintaining and enhancing the built and natural environment. Appendix 1 provides an index of the planning applications and associated reports. These are divided into major items and minor items, which are defined as follows:

Major Items

. More than 10 dwellings proposed on the site are proposed for residential development greater than 0.5ha

. Non-residential development where in excess of 1,000m2 new floor space or change of use is proposed

. Proposed development with a site area in excess of one hectare for non-residential development.

Minor Items

. All other applications for consent including listed building, conservation area and advertisement consents; work to trees the subject of Tree Preservation Orders; and consent to demolish buildings.

4 Current Situation

4.1 All information, recommendations and advice contained within this report are understood to be correct at the time of writing the report. Any change in circumstances and/or additional information received prior to the meeting will be reported in writing in an "Update Paper" and referred to by the officer reporting to the Committee.

Page 46 5 Availability of Background Papers

5.1 Background papers may be inspected up to five working days before the date of the Committee meeting and for four years thereafter. Requests to inspect the background papers, most of which will be on the application file, should be made to the case officer named in the report. Although there is no legal provision for inspection of the application file before the officer’s report is placed on the agenda for the meeting, an earlier inspection may be agreed on application to the case officer.

5.2 All correspondence submitted in relation to a planning application is available to view on the public file (unless such information is considered to be confidential).

6 Reasons for Committee Consideration

6.1 Applications are referred to the Development Control Committee for any of the following reasons:

* As per the Council’s Scheme of Delegation, there are sufficient unresolved objections and the officer's recommendation is for approval.

* The applicant is a Member of the Council or a Council employee making a personal application.

* The application relates to Council owned land which is the responsibility of the Head of Planning and Infrastructure.

* The Ward Member, to whose Ward the application relates, has requested after discussion with the case officer that an application is reported to the Committee.

* The officer's recommended decision would be contrary to the Development Plan and the recommendation is for approval.

* The Planning and Development Manager considers that the application should be determined by the Committee.

6.2 Approximately 7% of all applications are determined by the Committee. The others are determined by the Planning and Development Manager in accordance with the Council's Scheme of Delegation.

7 Parish Council, Consultee and Public Observations

7.1 Parish Council comments are given in full within the report.

7.2 The report summarises responses from any consultees who have commented on the planning application. Comments from consultees which are subsequently superseded, for example by amended plans and information, may not be reported.

Page 47 7.3 A summary of the key issues raised by public observations are given in the report.

7.4 Correspondence in the form of a petition is considered in accordance with the council’s constitution. In the event that a petition is received following consultation on a planning application or enforcement case, the petition is referred to within the officer’s report. For the purposes of delegation, a petition counts as a single comment.

8 Public Speaking at the Meeting

8.1 The Council has a public participation scheme, which invites objectors, supporters and the town/parish council to address the Committee on some applications. Full details of the scheme are available from the case officer and are sent to all applicants and objectors where the scheme applies.

8.2 Speakers are limited to a total of four minutes per item for all objectors, four minutes for the town or parish council and four minutes for the applicant, agent and those in support of the proposal. Speakers may be asked questions by the Members of the Committee, but are not permitted to ask questions of others or to join in the debate. Speakers are not permitted to display plans, photographs or other illustrative material. Speakers will be taken in the following order, although the Chairman of the Committee can amend this order if appropriate:

. Parish/ Town Council; . those against the application; . those in support of the application; . Ward / Visiting Councillor.

9 Status of Officer’s Recommendations and Committee’s Decisions

* The recommendations contained in this report are made by the Planning and Development Manager at the time the report was prepared. A different recommendation may be made at the meeting should circumstances change.

* The officer's recommendations may not be accepted by the Committee.

* A decision is made only when the Members of the Committee have formally considered and determined each application.

10 Reasons for Approval, Conditions and Reasons for Refusal

* Suggested reasons for approval, conditions and reasons for refusal are set out in full in the officer's recommendation.

* The Committee may add further reasons for approval, coniditions or reasons for refusal.

Page 48

11 Decisions Contrary to the Listed Recommendation

11.1 The Commttee may resolve to refuse an application that had been recommended for approval or approve an application which had been recommended for refusal. In such cases, the Members will give clear reasons for their decision.

11.2 In the event that the Committee wish to refuse planning permission for a householder application which has been recommended for refusal, the Committee will be asked, in addition to their reasons for refusal, for any additional comments and concerns. This is to ensure that the concerns of the Committee are fully articulated in the event of a ‘fasttrack’ householder appeal.

12 Deferred and Withdrawn Applications

12.1 Applications may not be decided at the meeting for a number of reasons as follows:

* Officers may recommend deferral because information requested or amended plans have not been provided or there has been insufficient time for consultation on amendments.

* The Committee may resolve to seek additional information or amendments

* The Committee may resolve to visit the site to assess the effect of the proposal on matters that are not clear from the plans or from the report.

* Applicants, Parish/Town Councils and Ward Members and the Development Control Committee are advised of the Site Viewing arrangements. These are not public meetings.

* The applicant may chose to withdraw the application. No further action would be taken on that proposal and the file is closed.

13 Decisions Subject to Completion of a Planning Obligation/ Legal Agreement

13.1 For some applications it is recommended that the applicant be invited to enter a planning obligation/legal agreement with the Borough Council (and in some cases Hampshire County Council) to secure contributions to various community facilities and that on completion of the agreement the Planning and Development Manager is delegated to grant planning permission subject to the listed conditions.

13.2 It is Government Policy, as set out in The Planning Acts, the National Planning Policy Framework and the Community and Infrastructure Levy Regulations 2010, that developers may be expected to contribute towards the

Page 49 “community infrastructure” required to serve a site and in order to cater for additional demand created by any new development and its occupants. Policies CN6, CN7, CN8 and CN9 of the adopted Local Plan and the S106 Planning Obligations and Community Infrastructure Interim Planning Guidance set out the Council’s approach to the provision of infrastructure and community facilities needed as a result of development.

13.3 Typically, such requirements include contributions to community facilities; village halls; parks and play areas; playing fields and affordable housing. It also includes improvements to roads, footpaths, cycleways and public transport.

13.4 The officer’s recommendation will set out where a Section 106 agreement is required or has been secured in order to ensure that the development complies with Local Plan Policy and other relevant guidance.

14 Affordable Housing

14.1 The expression “Affordable Housing” covers a number of housing tenures.

14.2 Whilst (in the particular circumstances of Basingstoke and Deane Borough Council) it is not believed that “Low Cost Market Housing” should play any part in meeting demonstrable Housing Needs, Affordable Housing can nevertheless encompass (for example) both Social Rented Housing provided by Housing Associations and also Shared Ownership/Shared Equity Housing (where the occupier owns part of a property, with the other part being owned by a Housing Association).

14.3 In their negotiations to secure Affordable Housing, officers aim to achieve a mix of tenures which reflects both the demonstrable housing needs of Basingstoke & Deane Borough Council and which also, in particular, maximises the delivery of Social Rented Housing in accordance with the Council’s objectives.

15 Visual Display of Plans and Photographs

15.1 Plans are included in the officers' reports in order to identify the site and its surroundings. The location plan is the most up-to-date available from Ordnance Survey and is to scale. The other plans are not a complete copy of the application plans and may not be to scale, particularly when they have been reduced from large size paper plans. If further information is needed or Members find these plans to be unclear they should refer to the submitted application available on line or in the reception area at the Parklands building. Plans displayed at the meeting to assist the Members may include material additional to the agenda.

15.2 Photographs are used to illustrate particular points on some of the items. These are taken by the officers. Only information provided by officers or as part of the application will be displayed.

Page 50

16 Human Rights

16.1 The European Convention on Human Rights ("ECHR") is brought into English Law, via the Human Rights Act 1998 ("HRA"), as from October 2000.

16.2 The HRA introduces an obligation on the Council to act consistently with the ECHR.

16.3 There are 2 Convention Rights likely to be most relevant to Planning Decisions:

* Article 1 of the 1st Protocol – The Right to the Enjoyment of Property.

* Article 8 - Right for Respect for Home, Privacy and Family Life.

16.4 It is important to note that these types of right are not unlimited - although in accordance with the EU concept of "proportionality", any interference with these rights must be sanctioned by Law (e.g. by the Town & Country Planning Acts) and must go no further than necessary.

16.5 Essentially, private interests must be weighed against the wider public interest and against competing private interests. Such a balancing exercise is already implicit in the decision making processes of the Committee. However, members must specifically bear Human Rights issues in mind when reaching decisions on all planning applications, enforcement action, etc.

17 Environmental and Sustainability Considerations

17.1 The planning system should operate in the public interest to foster sustainable development, providing homes, investment and jobs in a way that adds to, rather than detracts from, the quality of the environment. The Council's planning policies seek to achieve this purpose, and applications for planning consent are considered in relation to these policies and any other relevant material considerations.

18 Financial, Legal and HR Implications

18.1 There are no direct financial, legal and personnel implications arising from this report. However, in the event of an appeal against a refusal of planning consent, further resources will be put towards defending the Council's decision.

19 Risk Management

19.1 In some circumstances, decisions may result in an application for costs by an appellant. Officers will alert Members where this may be likely and provide appropriate advice.

Page 51 20 Consultation and Communication

20.1 Planning applications as reported in Appendix 1 have been subject to the statutory requirements for consultation. Any comments receive from consultees and neighbouring properties are reported on each individual application.

Page 52 Basingstoke and Deane Borough Council

Development Control Committee

Index of Planning Applications

MINORS AND OTHERS

1 17/00103/FUL Land At 456656 155228 55 Approve Road Ibworth Hampshire Ward: Kingsclere

2 18/02435/FUL Church Field Land At OS 76 Approve Ref 468719 150901 St Marys Church Road Ward: Basing

3 18/03079/FUL Land At OS Ref 442629 96 Refuse 155210 (The Green Hut) Upper Woodcott Whitchurch Hampshire Ward: Burghclere, Highclere And St Mary Bourne

4 18/03159/HSE 7 Sandford Road Tadley 112 Refuse RG26 4DA Ward: Baughurst And Tadley North

5 18/03200/HSE 29 Milkingpen Lane Old 123 Refuse Basing RG24 7DE Ward: Basing

6 18/03201/LBC 29 Milkingpen Lane Old 137 Refuse Basing RG24 7DE Ward: Basing

7 18/03288/HSE 41 Newtown Tadley RG26 153 Approve 4BP Ward: Tadley Central

Page 53 8 18/03718/HSE 6 Churchlands Bramley 162 Approve Tadley Hampshire Ward: Bramley And Sherfield

TREES

BDB/660A Land at Carlton and Campana 179 Approve Ward: Burghclere, House, Harts Lane, Burghclere Highclere and St Mary Bourne Making of a new Tree Case Officer: Preservation Order BDB/660A Frank Wright

Page 54

Cttee: 6 March Item No. 1 2019

Application no: 17/00103/FUL For Details and Plans Click Here

Site Address Land At 456656 155228 Ibworth Road Ibworth Hampshire Proposal Change of use from agricultural land to a green burial site with car parking area and creation of new access

Registered: 28 September 2017 Expiry Date: 20 February 2018 Type of Full Planning Case Officer: Trevor Campbell-Smith Application: Application 01256 845661 Applicant: Mr Timothy May Agent: Vickesh Rathod Ward: Kingsclere Ward Member(s): Cllr Donald Sherlock Cllr Ken Rhatigan

Parish: HANNINGTON CP OS Grid Reference: 456617 155231

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

Reasons for Approval

1. The proposal would conserve the biodiversity value and nature conservation interests of the site and as such the proposal would comply with the National Planning Policy Framework (July 2018) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

2. The proposed development preserves the landscape character and scenic quality of the area and as such is considered to accord with the National Planning Policy Framework (July 2018) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

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

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

5. The proposal would respect the environment for protected trees and as such would comply with the Council's Landscape, Biodiversity and Trees Supplementary Planning Document (2018) and Policy EM1 of the

Page 55 Basingstoke and Deane Local Plan 2011-2029.

6. The proposal would not lead to pollution of groundwater and as such would comply with Policy EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

General Comments

This application is before committee as it is a departure from the Local Plan and also due to the number of objections received and the Officer's recommendation for approval in line with the council's scheme of delegation.

Planning Policy

The site is located outside of a defined Settlement Policy Boundary in designated open countryside within the North Wessex Downs Area of Outstanding Natural Beauty (AONB). The site is also adjacent to the Hopgarden Copse Site of Importance to Nature Conservation (SINCs). Trees protected by Tree Preservation Order BDB/0340 are located to the south eastern and north eastern boundaries of the site

National Planning Policy Framework (NPPF) (July 2018)

Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 12 (Achieving well-design places) Section 15 (Conserving and enhancing the natural environment) Section 16 (Conserving and enhancing the historic environment)

Basingstoke and Deane Local Plan 2011-2029

Policy SD1 (Presumption in Favour of Sustainable Development) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM10 (Delivering High Quality Development) Policy EM12 (Pollution) Policy CN7 (Essential Services) Policy CN9 (Transport)

Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance

Planning Obligations for Infrastructure SPD (March 2018) Landscape, Trees and Biodiversity SPD (2018) Parking Standards SPD (2018) Landscape Biodiversity and Trees SPD (2018)

Other material documents

The Community Infrastructure Levy Regulations 2010 (as amended)

Page 56 North Wessex Downs AONB Management Plan 2014-19 National Parks and Access to the Countryside Act 1949 Countryside and Rights of Way Act 2000 BDBC Landscape Assessment 2001 Wildlife and Countryside Act 1981 Natural Environment and Rural Communities Act 2006

Description of Site

The site is located off the A339 within a valley slope with ground levels falling to the north and east. The wider site forms part of the Kingsclere Estate, which comprises some 2,650 acres of mainly arable land with interspersed woodlands. The Hopgarden Copse lies to the west of the site the site also has woodland immediately to its east. A bridleway passes adjacent to the site at its south western boundary.

Proposal

This application seeks permission for the change of use of an irregularly shaped parcel of land from agricultural use to use as a green burial site with the creation of an associated car park and access together with landscaping. The proposed burial ground would be landscaped with native species and each burial plot would be planted with a tree. In addition, the burial site would be planted with interspersed native species and its north west and southwest boundaries would be treated with stock proof fencing.

The access to the site would be from Hook Lane, a rural highway, at an existing field access on the outside of a ‘dog leg’ turn in the road to the southeast. The access would thereafter follow an existing track at the meeting to the boundary of a copse woodland and an agricultural field. The proposed car park would accommodate 24 parking spaces (including 2 disabled spaces) and would be surfaced with compacted road planings, as would the access track. The car park would be bounded with native hedging and in additional native tree species would be plated to its north western boundary. The access track would be bounded to the field side by a native hedge and would incorporate passing places for vehicles.

In support of this application the applicant has submitted:

 Transport Statement.  Road modelling.  Arboricultural Impact Assessment.  Soft Landscaping Specification.  Planning Design and Access Statement.  Groundwater Risk Assessment.

The supporting information states that there would be no more than one funeral per day.

Page 57 Consultations

Hannington Parish Council: “Hannington Parish Council wish to lodge an Objection to the above planning application.

It is the view of the Parish Council that the creation of the green burial site would cause significant and substantial traffic problems on Hook Lane, that runs from the A339 to Ibworth, and potentially on the A339 itself.

To expand more on the Parish Council's concerns regarding traffic/access; the majority, if not all, of the traffic to the green burial site will be along Hook Lane. This is a single track road with five passing places. Hook Lane is the primary access for Ibworth, and is used by White Lane residents as their main route onto the A339. Hook Lane is also used by commercial vehicles, and by farm vehicles. Even now, it is not uncommon to meet a vehicle coming from the opposite direction in Hook Lane.

As Hook Lane is a single track road with only five single-car passing places, a funeral party with large numbers of vehicles (a car park for 24 cars is being proposed) going to, or coming from, the site is highly likely to cause a blockage in Hook Lane. The traffic blockage could well tail back onto the A339. This is a hazardous junction ordinarily, and with additional queuing traffic up the bank towards Pitt Hall Farm, would become very dangerous.”

Baughurst PC: “Thank you for the opportunity to comment on the above application.

My Council have no objection to the application, but do have particular concerns surrounding the proposed access, which exits almost opposite Lloyds Lane, at a particularly treacherous stretch of the A339 in terms of visibility and accidents. When exiting Lloyds Lane onto the A339, sightlines to the right, facing traffic, are difficult, as the road lies uphill and traffic cannot be seen until reaching the brow of the hill.

My Council feel that this should be taken into consideration when deciding the issue.”

Wooton St Lawrence PC: “We are writing to give our backing and support to the residents of Ibworth who are objecting to the siting of a green burial site near the village of Ibworth. At a recent meeting between local parish councillors and officers from HCC to discuss the A339 the common conclusion amongst all the participants was that the A339 is an increasingly dangerous road.

The stretch between the 3 lane section to the South of Kingsclere and the end of the 50 mile speed limit below Woodgarston Farm being the most dangerous stretch of all. The road is twisting, hilly and narrow with no stopping places into which to pull off the road if necessary.

The idea of a funeral cortege of 25 vehicles coming from Newbury, over the hill from Folly farm and then halting almost immediately on the steep slope to turn right across the oncoming traffic into Hook lane, is surely not to be contemplated. The

Page 58 idea of a cortege of 25 vehicles leaving Hook lane and turning right across the oncoming traffic onto the A339 towards Basingstoke is equally not to be contemplated.

In conclusion we do not feel that there should be any possibility of a green burial site on Hook lane because of the safety issues involved in long lines of traffic exiting and entering the A339 at that point. There have been several bad accidents on that stretch of road recently as you will know and surely we do not want to allow schemes that may well lead to more of the same.”

Landscape Officer: No objection.

Biodiversity Officer: No objection subject to amendments.

Environmental Health: No objection, subject to conditions. Suggest consultation with Environment Agency.

Tree Officer: No objection in principle but requests additional information or revised layout.

HCC Highways: Following receipt of additional information no objection, subject to conditions.

Environment Agency: Following receipt of additional information no objection subject to informative.

HCC Rights of Way: No objection subject to informatives.

Public Observations

Eleven letters of objection and two petitions (each with six signatories)

 The proposal will have a detrimental impact upon highway safety at the junction of Hook Lane with the A339 both for vehicles turning into Hook lane from the A339 and for vehicles joining the A339 from Hook Lane.  The proposals will adversely affect the flow of traffic on the A339.  The proposal will impact negatively upon users of the Bridleway.  Adverse cumulative impact if both this development and the ponds at Folly Farm are approved  The proposed car park will encourage fly tipping.  Hook Lane is narrow with only 4 passing points and is used by large agricultural machinery, as such the proposal will increase traffic on hook lane to the detriment of highway safety.  Large Lorries already using rural lanes causing highway safety issues.  The proposed new access close to neighbouring property increases the potential for burglary.  The proposal may lead to contamination of the lake or ground water.  Badger activity is known within the area and may lead to issues.  Noise associated with burials will disturb users of the bridleway and

Page 59 neighbours  The applicant has ownership of several points of access to the A339 which would be more suitable.  There is an existing facility in Whitchurch, why is another needed within 10 miles, the application is not supported by a justification of need.  There are views of the site from the objector's property.  The objector has not received notification regarding the application.  The site is unsuitable for green burials.  Adverse impact on the AONB and represents major development which should be refused.  The proposed car park will impact negatively upon the AONB.  The site, in a deciduous woodland means that burial in winter will be visible.  No toilet facilities are provide and any such facilities in the future would impact detrimentally on the sites amenity.  Objector’s separate Highway Consultants report not available online.  HCC Highways advice has not considered the proposals correctly or considered the objector’s own highways consultant’s findings.

Support

 Funerals will take place in normal work hours and the average funeral has 12 vehicles for attendees.  Number of funerals are not high.  The site sits sympathetically within the AONB.  Most sites lock their gates at dusk and the site is not open outside daylight hours.  There are no marked graves and non-funeral visitors to such facilities tend to be low compared to those at conventional cemeteries.  There have been no reports of fly tipping at existing green burial sites.

Relevant Planning History

16/02431/AGPD Erection of open sided agricultural barn Raise No 27/07/16 objection Assessment

Principle of development

Planning law requires applications for planning permission to be determined in accordance with the development plan, unless material considerations indicate otherwise (section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004). The development plan of relevance to this application is the Basingstoke and Deane Local Plan 2011-2029. At a national level, the National Planning Policy Framework (NPPF) (2018) is a material consideration in any determination.

Page 60  National Policy

One of the three pillars of achieving sustainable development is the environment. The NPPF strongly supports the balance of economic and social objectives with protecting and enhancing our nature, built and historic environment including helping to improve biodiversity.

The NPPF at paragraph 172 gives great weight to conserving and enhancing landscape and scenic beauty in National Parks, the Broads and AONB which have the highest status of protection in relation to these issues. The scale and extent of development within these designated areas should be limited and planning permission should be refused for major development (which is a matter for the decision maker) other than in exceptional circumstances and where it can be demonstrated that the development is in the public interest. Consideration of the following three areas should be given during any decision in this regard: a) The need for the development, and the impact upon the economy; b) The cost of and scope for, delivering the development outside of the designated area or meeting the need in some other way; and c) Any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which this could be moderated.

It should be noted in the context of the NPPF the development is not considered a major development.

The development will not directly relate to the economy, as it is not for retail or residential purposes, however the management and maintenance of the site and facilitation of burials at the site is to give rise to one part time employment post. It is not considered that the development could be completed in an alternative location outside of the designated area, when considering this application relates specifically to the character and wooded nature of the site and its surroundings.

In respect of the proposal, the NPPF is clear in paragraph 172 that developments should be sympathetic to local character and history, including the surrounding built environment and landscape setting.

 Local Policy

The Local Plan has a number of objectives over the plan period 2011-2029 including being environmentally responsible and distinctive. Criterion n) of the Vision and Objectives of the Local Plan states that the Council will:

"Protect and enhance the borough's biodiversity and locally distinctive character of our priority habitats and landscapes, such as the North Wessex Downs AONB, through protection, partnership working, conservation and active management."

In respect of relevant policies in the Local Plan Policy EM1 requires development to demonstrate that the proposals are sympathetic to the character and visual quality of the area concerned and must respect, enhance and not be detrimental to the

Page 61 character or visual amenity of the landscape likely to be affected when paying attention to the following (of relevance to this application):

 The particular qualities identified within the Council's landscape character assessment;  Visual amenity and scenic quality;  The local character; and  Trees, ancient woodland and hedgerows and their function as ecological networks.

Development is also required to respect the sense of place, sense of tranquillity and remoteness and the quiet enjoyment of the landscape from Public Rights of Way (PROW). Where appropriate, developments will be required to include a comprehensive landscaping scheme to ensure that the development will be successfully integrated within the landscape and surroundings. In particular Policy EM1 states that designation of the North Wessex Downs AONB (the AONB) reflect the national importance of that landscape and its setting and any development proposals within the AONB must be determined in accordance with the NPPF and national guidance and guidance set out within the AONB Management Plan.

Also of relevance to this proposal is Policy EM4 of the Local Plan. This policy restricts any development proposals from having a significant harm to biodiversity, unless they have a significant public benefit. However, where the development is for biodiversity enhancements, it secures opportunities for improvements including a net gain in biodiversity through the creation, restoration or enhancement and management of habitats and features, including measures that help to link key habitats.

Policy EM10 of the Local Plan requires that all development respects the local environment and amenities of neighbouring properties in accordance with positively contributing to local distinctiveness and maintaining the amenity of neighbouring properties (including outlook, loss of light and overlooking).

Policy EM12 of the Local Plan requires that proposals do not result in pollution which is detrimental to quality of life, or poses unacceptable risks to health or the natural environment.

Policy CN7 of the Local Plan is also considered to have relevance in the assessment of this application and is concerned with applications for development which provide or improve essential facilities and services, and sustain and enhance the vitality and viability of communities. The policy goes on to state that:

"In addition to allowing, in principle, such proposals within settlements, these facilities and services may, as an exception, be permitted adjacent to settlements where they will meet an identified local need."

It is noted that cemeteries are included within the list of essential services identified as being relevant to this policy within the supporting text at paragraph 5.66 of the Local Plan.

Page 62 Also considered to be of relevance to this application, particularly in view of the concerns of the surrounding community, is Policy CN9 of the Local Plan which is concerned with the transport implications of development. Policy CN9 states that:

"Development should seek to minimise the need to travel, promote opportunities for sustainable transport modes, improve accessibility to service and support the transition to a low carbon future. Development proposals will be permitted that: a) Integrate into existing movement networks; b) Provide safe, suitable and convenient access for all potential users; c) Provide an on-site movement layout compatible for all potential users with appropriate parking and servicing provision; and d) Do not result in inappropriate traffic generation or compromise highway safety. Development proposals that generate significant amounts of movement must be supported by a Transport Statement or Transport Assessment and will normally be required to provide a Travel Plan."

The applicant’s Planning, Design and Access Statement states that existing burial sites in Basingstoke and Deane are reaching capacity. The statement further asserts that the proposed Green Burial Site delivers not only additional capacity but also a form of burial that cannot be met by existing provision. The applicant goes on to state that Green Burials are increasing in popularity due to their environmental credentials while also providing an opportunity for visitors to access and appreciate the countryside in a unique yet compatible way.

It is acknowledged that this proposal would present an opportunity for a form of burial which is not available elsewhere within the borough and that this is a form of interment which is becoming more frequently requested.

Given the absence of similar facilities elsewhere within the borough and increasing demand for the service it provides it is considered that the applicant can be considered to demonstrated a demand.

In this instance it is recognised that the application is neither within, nor adjacent to a Settlement Policy Boundary with the nearest being 4.39km distant at Basingstoke. It is also recognised that the proposed facility is a green woodland burial site and it must be acknowledged that such a facility is most likely to be adequately accommodated within a rural setting. It is therefore considered that given the specific nature of the proposed development, and subject to compliance with all other material policies the principle of the siting of a green woodland burial site in this rural location is considered to be acceptable, notwithstanding the requirements of Policy CN7 of the Local Plan with regard to the location of development.

The proposed development relates to the creation of a facility of a type considered to be an essential service under Local Plan Policy CN7. However, it is noted that Policy CN7 permits the principle of development for such facilities where they are located within, or in exceptional circumstances, adjacent to Settlement Policy Boundaries.

Page 63 Other Material Documents

With regard to the North Wessex Downs AONB Management Plan 2014-19 the key objectives relating to this site include:

Landscape:

 To maintain and enhance the distinctive landscape character of the North Wessex Downs.

Biodiversity:  Ensure that the characteristic habitats and species of the North Wessex Downs are conserved and enhanced;  Support the delivery of Biodiversity 2020 outcomes;  Support and encourage work to conserve and enhance the biodiversity of the North Wessex down through support for landscape-scale projects for habitat management, restoration and creation.

In respect of development that would be opposed within the AONB, the list as set out in the Management Plan on page 87-88 does not include works to locate a green woodland burial site. In this respect, the principle acceptability of the proposal is established, subject to other material considerations as set out below and in considering the opportunities to meet the objectives for landscape, biodiversity and the historic environment as set out above.

The Basingstoke Landscape, Trees and Biodiversity SPD adopted in July 2018 states that within the North Wessex Downs AONB scarp slopes are covered by open pastures with scrub and occasional woodland blocks. This type of landscape is prevalent at the application site. The SPD sets out that hedgerow restoration and woodland management are required within the AONB to provide a stronger landscape framework. As such, it expresses that proposed developments should be carefully placed in relation to existing woodland, trees and hedgerow. In this respect the SPD states that development close to woodland should be positioned a minimum of 20m from the edge of the woodland / tree belt to provide a buffer zone to create a naturally graded edge and maintenance access.

The impact of the proposal in terms of its impact upon landscape, trees, biodiversity, pollution, design and transport will be undertaken in the later sections of this report.

Impact on the character of the area/ design

The application is for the change of use of land from its current agricultural use to allow its use as a green woodland burial site with associated car parking and landscaping. The site is located within the North Wessex Downs AONB near Ibworth, with this landscape designation having great material weight. The site occupies what is currently agricultural land to the south-west of a row of previously agricultural, now commercial, buildings forming part of Folly Farm and north east of the rural hamlet of Ibworth.

Page 64 The land generally rises to the south-west from the A339 Kingsclere Road. A right of way runs south east to north west along the south western boundary of the application site and then continues westwards. As well as displaying the special chalk downland qualities of the AONB, the surrounding landscape lies within the Hannington Down Landscape Character Area and is characterised by an undulating topography with large-scale arable fields predominating, interspersed with typically small woodland blocks.

The application site occupies 0.5ha of which the majority would be the green burial site itself. This element would be bounded with stock proof fencing along its south western and north western boundaries and would be landscaped with a mix of native hedgerow plants, tree and under planting. The proposed burial plots would be arranged on a 3m x 4m grid pattern and each plot would be planted with a native tree. As such over time the site would become more densely planted with trees with varying degrees of maturity.

To the north eastern end of the site a car park is proposed accommodating 24 spaces which would be enclosed to the north west, north east and south east by a native field boundary hedge, stock proof fencing and additional native tree planting at the north western side. The proposed access track would pass from the car park along the north west of the existing copse of TPO'd trees before turning sharply to align with the existing field access onto Hook Lane. The access track would be finished with road planings and would be enclosed to its north western side by a native hedge.

Section 11A(2) of the National Parks and Access to the Countryside Act 1949 and Section 84 of the Countryside and Rights of Way Act 2000 require that relevant authorities in exercising or performing any functions in relation to AONBs should have regard to their purposes. The duty is relevant in considering development proposals that are both situated within and outside AONBs and which may impact on the setting of, and implementation of, the statutory purposes of these protected areas.

It is considered that some thought has been given to the layout and the location of the burial site adjacent existing woodland that will ensure it integrates well into the landscape. Similarly, the access road follows existing field patterns and combined with proposed hedge planting would not have a significant impact upon the environment.

The car park is located south of a small spinney and follows its form, being well screened by mitigating planting. Whilst this element represents an incongruous rectangular element in the landscape its location and the proposed screen planting should mitigate the rectilinear form and the probable infrequent use should mean that there are very limited views to parked vehicles which, located on this prominent brow, would detract from the immediate landscape character.

One concern expressed by the Landscape Officer with regard to the proposals is the density of tree planting. Whilst some native trees such as birch could be easily accommodated in a 3m x 4m grid, larger native trees, such as oak, may be planted too densely in this grid. Selective thinning would obviously not be an option, so the

Page 65 Landscape Officer considers that consideration should be given about the placement of tree species within the site. This is a matter for the applicant’s ongoing management of the site and is not a matter for planning controls.

Effect upon Visual Amenity

There will be close proximity views onto the burial site from the PROW bridleway which is located immediately adjacent to the south western boundary of the site. However, the design, location and landscaping would mitigate views of the car park with appropriate screen planting and by locating the car park between two areas of woodland.

At times of funerals there will may be views of parked vehicles from the bridleway and the nearest road, Hook Lane. However, these will be temporary in duration and will be glimpsed or long distance views. As such, it is anticipated that the impact will not be large or significant or be of detriment to the setting or character of the rural landscape of the AONB. It is also noted that the site would only be open during daylight hours and that no external illumination is proposed. A condition restricting such lighting is recommended to ensure this in the future.

With regard to the existing TPO'd trees adjacent to the access track, car park and the burial site it is noted that the Tree Officer had requested that either a Tree Protection Plan and arboricultural impact assessment be submitted, or that a minimum 5m wide buffer be put in place between the proposed track, any graves and the protected trees. It is considered that a 5m buffer between the track and the trees would significantly and unacceptably widen the track and its impact in landscape terms. It is noted that the applicant has submitted an Arboricultural Impact Assessment and Tree Protection Plan. Any additional comments from the Tree Officer will be reported in the update paper

Impact on neighbouring amenities

The nearest residential dwelling is Balstone Farm House which is located to the south west of the application site at a distance in excess of 300m from the south western boundary of the site. Given this degree of isolation from surrounding residential dwellings it is considered that the proposal would not have a detrimental impact on the amenities of neighbours in terms of loss of privacy, loss of light or overbearing impacts. Letters of objection to this proposal have raised concern with regard to noise and disturbance to neighbours arising from burial proceedings. It is noted that the applicant intends that only one interment would take place at the site per day. A condition restricting the use of the site to one burial per day is considered to be both reasonable and necessary and is therefore recommended.

Given the lack of power infrastructure at the site (which precludes the use of powerful amplification equipment), the frequency of the use of the site and its separation from neighbouring dwellings it is considered that the proposal would not have a significantly detrimental impact on the amenities of neighbours.

As such, the proposal is considered to be acceptable in this regard and would accord with Policy EM10 of the Local Plan.

Page 66

Public Rights of Way

There are two PROW running adjacent to the application sites south western boundary, from which views into the site will be available. The PROW Officer has no objection to this proposal however advises that, should this application be granted permission, construction traffic will need to cross the public right of way for access. As such, the PROW Officer suggests that informatives be added to advise the applicant that that the PROW route should be kept open throughout the construction period. In addition, the PROW Officer recommends that an appropriate traffic management system be secured and implemented through condition to ensure the safety and convenience of users of the rights of way.

Policy EM1 of the Local Plan requires that developments do not impact upon the quiet enjoyment of the landscape from PROW.

It is considered that the informatives recommended by the PROW Officer are both reasonable and necessary and as such have been included. It is therefore considered that the application is in accordance with Local Plan Policies EM1and the Landscape, Biodiversity and Trees SPD in this regard.

Biodiversity

The Biodiversity Officer has advised that the application is acceptable in principle, however, it is advised that opportunities to join up all woodlands within the area to bring about maximum biodiversity benefit should be sought. As such, a condition seeking details of a scheme for the mixed native species hedgerow planting to be extended to join up Hopgarden Copse, to the west of the site, and the woodland to the east of the proposed development along the southern boundary of the application site is considered to be both reasonable and necessary.

The Biodiversity Officer notes that the schedule of plants submitted states 1000 Narcissus pseudonarcissus bulbs will be planted. Hopgarden Copse to the west of the site is a designated ancient woodland site. It is not known if this woodland supports wild daffodils but given several ancient woodland sites exist within the wider area any daffodil planting would need to be of wild daffodils of local provenance. An informative in this regard is recommended.

It is not certain if the burials will exist over the whole site but an informative advising the applicant that it will need to remain possible to access all the habitats to be created with the necessary machinery in order to maintain/mange them in the long term will be added.

Further to the above it is considered that the proposed development is acceptable in Biodiversity terms and that, as such the proposal is in accordance with Policy EM4 of the Local Plan

Page 67 Highways

It is noted that a significant proportion of the local concern with regard to the proposal is related to the attendant impacts upon highway safety and convenience. As such, the application has been supported by a Transport Statement and further supported by swept path diagrams for a 6.3m hearse and visibility splay diagrams for the A339 and Hook Lane Junction. During the course of the assessment and consideration of the application, objectors to the proposal have also commissioned and submitted a Highway Report by Bellamy Roberts. The application has been considered in consultation with the HCC Highways team who have had access to the applicants Transport Statement and additional information, the objector’s Bellamy Roberts Highway Report and the full range of letters of objection received.

The information supporting the application states that only one funeral would take place at the site per day. The applicant has also extrapolated the likely pattern of usage and demand for the site based on similar facilities located elsewhere in the UK. The Transport statement submitted by the applicant asserts that the proposed use would lead to between 12 and 25 movements on days when services took place with a smaller number of persons attending on non-funeral days. It is also estimated that interments would take place at a rate of approximately 1 every 2 weeks. The objector’s consultant (Bellamy Roberts) Highway report estimates that an average number of cars is 25 cars per service (50 movements), although it is acknowledged that these number are based upon experience gained in respect of crematoria.

Having taken into account the information provided from the applicant and by those objecting to the proposal, the HCC Highways Officer has advised that no objection is raised. HCC Highways recommend with regard to the proposed development subject to the imposition of a condition requiring the submission and approval of a Construction Method Statement to ensure highway safety and the convenience of other highway users is maintained during the construction period. It is noted that the Highway Officer has based the response to the application on the levels of activity at the site and as such, it is considered to be both reasonable and necessary to recommend a condition that the number of funerals undertaken at the site should not exceed one per day.

The proposed development would provide 24 car parking spaces, including two disabled spaces although it is noted that the spaces specified measure 4.8m in depth. This is below the minimum dimensions recommended within the Parking SPD of 2.7m in width and 5.2m in depth with 6m between rows of parking spaces to enable access and egress. It is considered that there is adequate space on the site for the provision of spaces in accordance with the adopted standards. Therefore a condition requiring the submission of a plan showing parking provision of 24 spaces in accordance with the adopted standards to be provided and approved prior to the commencement of the use as a green burial facility is considered necessary and reasonable.

As such, while the concerns of objectors are recognised, it is noted that the Highway Officer has raised no objection to the proposal on the basis of trip generation, parking capacity or highway safety. The professional advice of the Highway Officer carries significant weight in the assessment of this application and in view of their

Page 68 recommendation it is considered that the application is acceptable in this regard and is in accordance with Policy CN9 of the Local Plan subject to the conditions outlined above.

Community Infrastructure Requirements

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. From these forms, it would appear that the development: is not CIL liable as it relates to a change of use of the land and does not relate to the creation of one or more residential dwellings and would not result in an increase in floor space.

Pollution

The application, as originally submitted was met with an objection by the Environment Agency as there was concern that the application did not provide adequate information to demonstrate that the risks to groundwater resources, from which supplies of potable water are obtained, can be safely managed. The applicant provided additional information in the form of a Detailed Quantitative Groundwater Risk Assessment provided by Hydrogeo Ltd. The Environment Agency confirmed that the assessment was satisfactory and withdrew their objection to this application. As such it is considered that the proposed development is acceptable in terms of its potential to lead to pollution events and as such is considered to be in accordance with Policy EM12 of the Local Plan.

Informatives suggested by the Environment Agency with regard to burial locations and actions to be undertaken if weathered chalk is exposed in the excavation of graves are recommended to be added.

Other matters

Concerns raised with regard to the potential for fly tipping and the use of the access track to abet burglary of neighbouring sites are noted, however it should be noted that the applicant has stated that the access gate to the site would be locked when the facility is closed and as such it is considered that the proposal would not in and of itself lead to a greater potential for such antisocial behaviours. As such, it is considered that a reason for the refusal of the application on such grounds could not be substantiated.

Concern has been raised that the proposal will be visible from surrounding dwellings. Planning legislation does not enshrine a right to a view and in this instance the proposal is considered to be acceptable in terms of its impacts upon the wider landscape and the amenity and setting of the AONB. As such, it is considered that the fact that the site may be visible to nearby residents would not lead to a detrimental impact upon the residential amenity of those neighbours.

Page 69 Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

1072028-16-09b, Site Plan. 01, Landscape Proposals. 1072028-17-02a, Site Plan. 509.0010.002, Site access visibility splays. 509.0010.004, Visibility splays at A339/Hook Lane. 509.0010.001 Rev B, Access design and tracking.

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 The use of the site for burials shall not exceed one burial per day. REASON: In the interests of the amenity of the area and in the interests of highway safety in accordance with Policies EM1 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

4 No external lighting shall be installed or erected at the site at any time. REASON: In the interest of the amenities of the area and the setting of the North Wessex Downs Area of Outstanding Natural Beauty and in accordance Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011-2029.

5 No development in respect of the surfacing and laying out of the car park and access track shall commence on site until details of the materials to be used for hard surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the use of the site as a green burial facility is commenced. REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6 The use hereby approved shall not commence until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of screen walls/fences/hedges to be erected together with the details design and location of any bins, benches or other furniture to be located at the site. The approved screen walls/fences and furniture shall be erected before the use approved is commenced and shall subsequently be maintained. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with

Page 70 others of similar size and species, details of which shall be agreed in writing by the Local Planning Authority before replacement occurs. REASON: In the interests of the amenities of the area and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

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

8 Notwithstanding the submitted details, prior to the commencement of works in relation to the landscaping of the site there shall be submitted to and approved a plan showing how native planting corridors to join up all woodlands within the area shall be implemented to bring about maximum biodiversity benefit. Prior to the commencement of the use hereby approved development shall be carried out in accordance with the approved plans and shall thereafter me maintained. REASON: In the interests of bringing about a biodiversity benefit in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029.

Page 71 9 No memorials or headstones shall be erected at the site. REASON: In the interests of the amenities of the area and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

10 Notwithstanding the provisions of Town and Country Planning (Control of Advertisements) Regulations (or any Order revoking and re-enacting that Order with or without modification) no advertisement shall be erected on the application site without the prior written permission of the Local Planning Authority on an application made for that purpose. REASON: in the interests of the amenity of the area and to safeguard the amenities AONB in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

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

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

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

In this instance:

Page 72 the applicant was updated of any issues after the initial site visit;

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

3. The applicant should ensure that any burials are in line with our guidance. In particular:  at least 250 metres from any well, borehole or spring supplying water for human consumption or used in food production – for example at farm dairies  at least 30 metres from any spring or watercourse not used for human consumption or not used in food production  at least 10 metres from any field drain, including dry ditches

Groundwater within the Chalk aquifer is likely to be some 50m bgl and as such the presence of springs is highly unlikely. However, whilst no specific risk was identified, we would advise that if any weather chalk is exposed in graves, this should be covered by a layer of the overlying clay, prior to burials taking place. This will help further reduce any residual risk of pollutants migrating to groundwater.

4. The schedule of plants submitted states 1000 Narcissus pseudonarcissus bulbs will be planted. Hopgarden Copse to the west of the site is a designated ancient woodland site. Any daffodil planting would need to be of wild daffodils of local provenance.

5. It will need to be possible to access all the habitats to be created with the necessary machinery to maintain/mange them in the long term.

6. There must be no surface alterations to the right of way, nor any works carried out which affect its surface, without first seeking the 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 1980, and we would therefore encourage the applicant to contact us as soon as possible to discuss any works of this nature.

7. Nothing connected with the development or its future use should have an adverse effect on the right of way, which must remain available for public use at all times.

8. No builders or contractors vehicles, machinery, equipment, materials, scaffolding or anything associated with the works should be left on or near the footpath so as to obstruct, hinder or provide a hazard to walkers.

Page 73 Site plan

Page 74 Landscape Proposal

Page 75 Cttee: 6 March Item No. 2 2019

Application no: 18/02435/FUL For Details and Plans Click Here

Site Address Church Field Land At OS Ref 468719 150901 St Marys Church Road Mapledurwell Proposal Change of use of land from agricultural to a dog exercise area, with associated parking and erection of a 1.8m high fence

Registered: 22 August 2018 Expiry Date: 8 March 2019 Type of Full Planning Case Officer: Rebecca Murray Application: Application 01256 845578 Applicant: Mr & Mrs Alan and Agent: Mr Lee Scott Charlotte Hutton Ward: Basing Ward Member(s): Cllr Onnalee Cubitt Cllr Sven Godesen Cllr Paul Gaskell

Parish: MAPLEDURWELL OS Grid Reference: 468720 150901 AND CP

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

Reasons for Approval

1. The proposed change of use would provide rural diversification in line with the general aims of Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029.

2. The proposal would not cause harm to the amenities of adjoining land uses more than could be reasonably expected from the site’s current use. The proposal therefore accords with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3. The proposed design of the site would not dominate or compete with the local character of the area and would not have a detrimental impact upon the character and appearance of the surrounding area or the adjacent Mapledurwell Conservation Area in accordance with the National Planning Policy Framework (2018) Sections 12 and 15 and Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

4. The proposed development would not result in substantial harm to the special interest of the Grade II* Listed Church of St Mary or its setting, and the less than substantial harm as a result of the development would be outweighed by the public benefits in accordance with Section 16 of the National Planning

Page 76 Policy Framework (2018) Section 16 and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

General comments

The application is brought to the Development Control Committee due to the number of objections received and the Officer’s recommendation for approval.

Planning Policy

The site lies outside of the Settlement Policy Boundary within designated countryside. The Mapledurwell Conservation Area is located to the north of the site, as well as the Grade II* Listed Church of St Mary.

National Planning Policy Framework (NPPF) (February 2019)

Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 8 (Promoting healthy and safe communities) Section 9 (Promoting sustainable transport) Section 11 (Making effective use of land) Section 12 (Achieving well-designed places) Section 15 (Conserving and enhancing the natural environment) Section 16 (Conserving and enhancing the historic environment)

Basingstoke and Deane Local Plan 2011-2029

Policy SD1 (Presumption in Favour of Sustainable Development) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM6 (Water Quality) Policy EM7 (Managing Flood Risk) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution) Policy EP4 (Rural Economy)

Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance

Planning Obligations for Infrastructure SPD (March 2018) Parking Standards SPD (2018) Landscape, Biodiversity and Trees SPD (2018) Farm Diversification and Traditional Farmsteads SPD (2007) The Historic Environment: Listed Buildings SPG (2003)

Page 77 Other material documents

Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Historic England (2015) Managing Significance in Decision Taking in the Historic Environment The Community Infrastructure Levy Regulations 2010 (as amended) Mapledurwell Conservation Area Appraisal (2004)

Description of Site

The application site is located within open countryside to the south of the rural village of Mapledurwell. The site is immediately adjacent to the Mapledurwell Conservation Area and a Grade II* Listed Church and covers approximately 1.24ha. The site is currently used as an agricultural field bordered by native hedgerow on three sides and a wire fence on the boundary facing the listed church to the north of the site. The site is visible from St Mary Church Road, the lane which extends to the north and eastern corner of the field as well as from the Public Right of Way (PROW) which extends along the full extent of the northern edge of the field. The site is generally rectangular and gently slopes from west to east.

Proposal

The proposed development seeks the change of use of the land from its existing agricultural use to a dog exercise area, with associated parking and the erection of a 1.8m high 17 mesh wire fence around the site. The fence would be set back 0.6m from the original fence line. No equipment is proposed, and the site would be used for dog walking only. The parking area would be located in the northeast corner of the site.

In support of the application, the submitted Design and Access Statement states that the field would be booked in hourly time slots.

Consultations

Mapledurwell and Up Nately Parish Council: “Many people come to Mapledurwell to walk, jog, cycle and ride to enjoy our countryside and especially the Conservation Area. It is only 3 miles from the centre of Basingstoke.

We have a duty to protect its assets for now and for future generations.

The impact on the Conservation Area would be significant. A 1.8m high fence directly in front of a view from the grade 11* listed church and along a public footpath bordering the Conservation Area cannot blend easily with the landscape. The view from the church yard across Church Field and beyond is the most beautiful, and its setting the most tranquil, in the parish.

Although farmers are encouraged to diversify to boost income, this project is controversial. We have had many complaints about this and none supporting it.

Page 78 People enjoy exercising their dogs in the countryside, and there are lots of free open spaces available in this area: Basing Common, Crabtree Plantation, The Lime Pits and many footpaths and bridleways.

The law states that dogs must be kept under control at all times, whether on or off the lead. Professional dog walkers do not earn much to be able to afford it. They also advertise that they take the dogs on varied walks for the dogs’ enjoyment.

Dog trainers would generate a lot of traffic down the very narrow access lane which has had vehicles tipping into the ditch alongside (three this year) and has no passing places for most of its length. They would also be noisy. People have reported that other similar sites do cause annoyance by dogs barking.

People with dogs that cannot be let off the lead in the village are saying that they would not use it as they enjoy walking through the countryside with their dogs even though they cannot let them free. The most likely users would be people from outside the village.

The village as a whole has narrow winding lanes with few passing places and any further increase in traffic right into the far end of it would only make it worse.

The poo bags and bins to be provided would not be enough, and the field cannot be supervised effectively enough to ensure users pick up and bin all poos. It would be difficult to keep track of where the dog defecates unless the owner is close by. An accumulation of faeces over time would degrade the land and the smell could permeate the church area.

It would interfere with others visiting the church and church yard.

A church and graveyard are places of peace, quiet worship and contemplation. Barking dogs and shouting or whistling owners are not compatible with this.

At the end of this application it states, “A change of use is considered to be of key importance to the long term economic viability of the agricultural enterprise”. It is difficult to see how this could possibly be the case unless the change of use would involve more than that being declared in the application.

Change of use from agricultural land would open up Church Field to future development by creep and a valuable asset for the conservation area would be gone forever.

The Parish Council cannot support this application.”

Conservation Officer: Objection – adverse impact on the conservation area and harm to the Grade II* Listed Church.

Landscape Officer: Objection – adverse impact on visual amenity due to parked cars, hard surfacing and fencing.

Page 79 Tree Officer: No objection.

Historic England: No response received.

Public Observations

Fourteen letters of objection to the application:

 Access would be via a single track road with no passing places or safe areas for pedestrians  St Mary’s Church Road is a single access lane with junctions with Down Lane and Frog Lane where visibility at these junctions is limited  Increased noise pollution and environmental pollution (dog faeces)  The area is within a conservation area with a number of footpaths and accesses for dog walkers  Location directly adjacent to the Listed 11th Century Church  Visual impact of a 1.8m high fence and associated kennels  Impact on local species and wildlife, particularly bats  Why would people pay to unlock a gate, park a car and stand while their dogs run free?  The use would draw more people to the area causing additional noise, traffic and disruption  The noise will be at odds with the rural environment  Flooding causes issues for accessing the site  No need for this type of facility to become a permanent and commercialised fixture  The application is in order to obtain planning for a residential property  Environmental pollution from plastic bags and general walker litter  There are much better and more suitable plots owned by the applicant in the area for this use  No mention of how the dogs will be supervised / site maintained  Never been conflict between existing walkers and the church users regarding parking  Visually intrusive fencing

Relevant Planning History

None.

Assessment

Principle of development

Planning law requires applications for planning permission to be determined in accordance with the development plan, unless material considerations indicate otherwise (section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004). The development plan of relevance to this application is the Basingstoke and Deane Local Plan 2011-2029. At a national level, the NPPF is a material consideration in any determination.

Page 80

In addition, in assessing the principle acceptability of the application, it is necessary to consider whether the proposal is compliant with statutory legislation in respect of Section 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990. This is to ensure that the proposal complies with this Act in respect of the preservation of the adjacent Grade II* Listed Church and its setting and to the preservation of the character and appearance of the Mapledurwell Conservation Area which are material considerations due to their proximity to the determination of this application.

 National Policy

The NPPF outlines a presumption in favour of sustainable economic, social and environmental development (paragraph 11). These roles are mutually dependent and should be jointly sought to achieve sustainable development. Paragraph 124 of the NPPF sets out that good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities.

Of greatest relevance to this application is paragraph 83 (criterion a) – c)) of the NPPF which states that planning policies and decisions should enable:

a) the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-design new buildings; b) the development and diversification of agricultural and other land-based rural businesses; and c) sustainable rural tourism and leisure developments which respect the character of the countryside.

Paragraph 84 supports this paragraph and states that decisions should recognise that sites to meet local business and community needs in rural areas may have to be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport. In these instances, it is important to ensure that the development is sensitive to its surroundings, does not have an unacceptable impact on local roads and exploits any opportunities to make a location more sustainable.

In relation to the presence of the Grade II* Listed Church which lies adjacent to the site (to the north), paragraph 192 of the NPPF states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (this is assessed below). Paragraph 189 states that in determining applications, LPAs should require an applicant to describe the significance of any heritage assets affected including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. In this instance, the listed building is of high importance, being Grade II* listed. However, given the scale of the development it is considered that the historic environment section of the submitted Design and Access Statement is sufficient in assessing the perceived impact. The Conservation Officer did not raise concerns in this regard.

Page 81 As a minimum the historic environment record should be consulted with any application impacting or effecting a heritage asset. It is clear from the submission that this was not the case. Although this is considered to be contrary to the NPPF, the Conservation Officer has not raised an objection in this regard and given the scale of the development it is not considered that the proposal is unacceptable in this regard.

 Local Policy

Policy SD1 sets out that the council will take a positive approach to determining proposals that reflect the presumption in favour of sustainable development within the NPPF, working proactively with applicants to secure development that improves the economic, social and environmental conditions in the area. The Policy also establishes that applications that are in accordance with the policies in the Local Plan, will be approved without delay unless material considerations indicate otherwise.

Of most relevance to this application is Policy EP4 regarding Basingstoke’s rural economy. The policy states that to support the rural economy, development proposals for economic uses in the countryside will be permitted where: (d) they enable the continuing sustainability or expansion of a business or enterprise, including development where it supports a farm diversification scheme and the main agricultural enterprise. The proposed development therefore accords with the general aims of this part of Policy EP4 and must be considered against parts (f) – (h) of the policy. As such, developments will be permitted where they are well designed, are of a use and scale that is appropriate to the site and location when considering: f) landscape, heritage and environmental impacts; g) the accessibility of the site; and h) the impacts on the local highway network (including the type of traffic generated, the appropriateness for the rural roads and impact on their character).

These matters are considered within the following sections of the report having due regard to other relevant policies of the Local Plan.

In relation to the Grade II* Listed Church of St Mary, Policy EM11 states that development must conserve or enhance the quality of the borough’s heritage assets in a manner appropriate to their significance. The listed church is located immediately adjacent to the site (to the north), with a footpath between the two site boundaries.

The Farm Diversification SPD (2007) aims to accommodate for changing trends in the agricultural industry as farmers explore alternative ways to support their faming incomes to improve their long-term viability. The proposal must have due regard to its scale, location, character of the locality, compatibility with agricultural operations on the farm, neighbouring amenities, traffic, access and highway safety and enjoyment of the PROW.

In this instance, the Local Plan policies do not explicitly advise against such development. When balancing this assessment with the overarching principles of

Page 82 Policy EP4 and this particular use of the land for the purposes of farm diversification, taking into account the aims of the NPPF 2019 as a material consideration, it is considered that in this instance (and in respect of the Listed Church), the development is acceptable in principle. As stated above, this is subject to other relevant material considerations, which are addressed in the following sections.

Impact on Heritage Assets

Local Authorities are required by Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of Listed Buildings and Conservation Areas when considering development proposals that affect the setting or views into it.

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on Local Planning Authorities to have special regard to the desirability of preserving a listed building, or its setting, or any features of special architectural or historic interest it possesses.

The Grade II* Listed Church is separated from the site by a wire fence, footpath and traditional wall. The conservation area appraisal specifically mentions the church stating ‘apart from its intrinsic architectural and historic value, it is a landmark visible from all directions and makes an important contribution to the character of the conservation area’. Due to the proximity of the application site to the Grade II* Listed Church, it is acknowledged that any form of development at this site will impact upon the setting and special interests of the listed building. However, the proposed works are considered to be of low intensity and of low impact. No significant changes are proposed to the landscape and the proposed fencing and parking can be controlled by way of condition to ensure that sensitive materials are chosen to not be visually harmful to the setting of the listed building.

It is therefore considered that the harm as a result of the proposal is less than substantial, which is agreed by the Conservation Officer. Given the type of development and height of the fencing (with due regard to the possibilities under permitted development rights) the development is not considered to substantially impact upon the special interest of the listed building to warrant a reason for refusal.

As the development site is in excess of 1000m², and would have a less than substantial impact upon the character and appearance of the Conservation Area, the Local Planning Authority are legally obliged to consult Historic England, under Regulation 5A(3) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (as amended). Historic England were consulted and no comments have been received regarding this application.

Although the site is not situated within a conservation area, it is located to the southern end of the Mapledurwell Conservation Area. As such, although not directly related, the conservation area must be considered when determining the application.

The Conservation Officer has noted that there is an important vista from the conservation area looking south on the north east corner of the site. The

Page 83 conservation area appraisal sets out that Mapledurwell has an ‘overriding rural and agricultural character’. The appraisal then goes on to state ‘The openness of the surrounding land, together with the many open fields within the Conservation Area boundary, enables long and wide views to the east towards a wooded ridge. South of the church, levelling land provides views across the farmed landscape.

The Conservation Officer objects to the proposal on the grounds that they consider the change of use and operational development would have a negative impact on the character and appearance of the conservation area. This is because they consider the use would result in a change in the management of the field, with the grass maintained at a lower level and the introduction of dog bins. The proposed fence is also considered to be particularly harmful and an incongruous form of boundary treatment giving the field a more urbanised character.

Although these comments are acknowledged, it is not considered that a change in the management of the field or the length of the grass at this site would impact upon the openness of the land or the agricultural or rural character of the site. Such a change to the management of the field or crops, for example, are not controllable under planning legislation. Although the site would have a new boundary treatment (which would be set within the existing hedge), this is possible to achieve under permitted development rights (Schedule 2, Part 2 Minor Operations, Class A) and any further subdivision can be controlled by way of condition and therefore it would be unreasonable to refuse the application on this basis.

In addition, the application does not propose dog bins or similar paraphernalia and any additional details can be controlled by way of condition, to ensure they are first agreed by the LPA and will ensure the Conservation Officer has opportunity to comment. Finally, it is not considered that new fencing and gates of this type and scale can be considered urbanisation of the site, when similar sites have been subdivided for agricultural or equestrian purposes in rural areas of the Borough. On this basis, it is not considered that there will be an overriding significant harm caused by the proposal on the character and appearance of the conservation area. As agreed by the Conservation Officer, the harm of the proposed development on the character and appearance of the conservation area would be less than substantial.

Within this location, and with consideration to fencing that could be erected under permitted development rights by the landowner (as set out above), the proposal would be of a size and design that would not dominate or generate substantial harm to the special interests or setting of the heritage asset. In respect of the Mapledurwell Conservation Area the fencing proposed would be screened on three sides by existing hedging and would not be any higher than fencing that could be erected under permitted development rights. It is therefore considered that while the Conservation Officer’s comments are acknowledged, the vistas from the conservation area would not be harmed any more than could be expected from the existing land use in its existing form or what could be implemented or erected under the existing agricultural land use. The proposal is therefore in accordance with the requirements of Sections 66 of the Town and Country (Listed Buildings and Conservation Areas) Act 1990 and Policy EM11 of the Local Plan, in addition to Section 12 of the NPPF.

Page 84 It is also considered that the proposal would comply with Section 16 of the NPPF (Conserving and enhancing the historic environment), Policy EM11 (Historic Environment), and related Supplementary Planning Documents and Guidance. Further, it is considered that its design accords with the aims of Section 12 of the NPPF (Achieving well-designed places), with Policy EM10 (Delivering High Quality Development) of the Local Plan, and with the Design and Sustainability SPD.

Conditions are recommended to be imposed to control materials and finishes of the parking surfacing, fencing and gates, landscaping, any additional furniture and future subdivision will be restricted in the interests of visual and character amenity in accordance with Policy EM11 (as discussed in the preceding section).

Impact on the character of the area/ design

Policy EM1 states that development will be permitted only where it can be demonstrated that the proposals are sympathetic to the character and visual quality of the area concerned and must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected. Of additional relevance is Policy EM10 which states that proposals will be required to respect the local environment, contribute to the streetscene and be visually attractive. Policy EM10 also seeks high quality development across the borough, based upon a robust design-led process and a clear understanding of the local identity and context of development to create successful, inviting places where people want to live, work and enjoy themselves.

The application site is situated within open countryside, to the south of the rural village of Mapledurwell. The site is also immediately adjacent to the southern end of the Mapledurwell Conservation Area and immediately south to the Grade II* Listed Church. As mentioned above, there is a vista from the conservation area looking south on the northeast corner of the site.

The site has a quiet, rural and sensitive character, and there are open views across the site from the lane which extends to the north eastern corner of the field, as well as from the PROW which extends along the full extent of the northern edge of the field. A further PROW runs in a north-south direction to the east of the site.

The change of use of the land would not introduce any additional buildings or equipment that could not reasonably be introduced for agricultural purposes. The proposal is for the change of use of the land and the erection of a fence and gates. The fence would be 1.8m in height and is necessary to ensure that the dogs using the field are contained within the site, and do not escape to disturb any animals in neighbouring fields. The fencing would subdivide the land into two areas, one main area for dog walking use and a separate smaller area immediately at the existing entrance to the site for the parking of vehicles.

This subdivision of the otherwise visually open landscape may be considered somewhat uncharacteristic, but not dissimilar to fields used for equestrian uses with small sections separated off to accommodate a yard/stables and parking area. The Landscape Officer has raised concerns in this regard. Although the subdivision of agricultural land would, to a certain extent, diminish the openness of the landscape,

Page 85 it is not unusual to find subdivided agricultural or equestrian plots within the countryside. The proposed subdivision would therefore not be uncharacteristic within the landscape and given the size of the site, it would not significantly lessen the landscape’s overall sense of openness. The fence would also be erected adjacent to an existing hedge of a similar height and as such would be screened on three sides.

As noted above, the proposed fence is also able to be erected under permitted development rights under the current agricultural use by the land owner. Notwithstanding this matter, it is considered reasonable to restrict further subdivision of this site in order to preserve the landscape and visual amenity of the site in respect of its openness.

Specific details of the gates have not been provided within the submission and can be controlled by way of condition. The applicant has stated that it is their intention to erect two gates approximately the same height as the fence (12ft wide galvanised box frame). This will form a double gate system, with one gate for vehicular access for the dog walkers (who will then access the walking area via a side gate) and then a second gate which will be used for maintenance of the grassland by the applicant. In respect of the area designated for parking as marked on the plans, there is no proposal to cover the area in hardstanding. Instead, it intended for the parking area to remain natural in appearance to be sympathetic with the sites rural location. It is proposed that mesh will be used for the surfacing in the car parking area to ensure that it remains like a field and is still grass. Specific details of the surfacing will be requested by way of condition.

Although this type of fencing is not generally found within the local area, there are no permitted development rights which would restrict the material of choice for the fencing of this agricultural land. Permitted development rights with regards to fencing or other means of enclosure merely controls the height. In order to mitigate against the visual impacts of the fencing and car parking area, it is considered necessary and appropriate to ensure that suitable landscaping is provided surrounding the parking area to reduce the visual impact of the enclosed area and parked vehicles. This will be dealt with by way of condition.

As such, it is considered that the proposal would not result in an unacceptable change in the character of the field which would adversely impact upon the landscape character and visual amenity of the area.

On balance, the proposal is considered to be in accordance with Policies EM1 and EM10 of the Local Plan. Notwithstanding this conclusion, full details of the gates and surfacing proposed, a landscaping scheme and details of any additional furniture (such as bins) will be controlled by way of condition.

Impact on neighbouring amenities

There are two neighbouring properties on St Mary’s Church Road which are located over 50m to the north of the site. Elm Cottage and Meddings Farmhouse are also within close proximity, to the north east of the site, approximately 100m from the boundary of the site. Given that externally there will be little change to the site, other

Page 86 than the erection of a 1.8m fence, it is considered that the noise and disturbance generated from the proposal is most likely to impact upon neighbours.

A noise assessment has not been submitted with the application, however, given the level of use proposed, the proposed use for dog walking and given the separation distances between the neighbouring properties and the site, it is not considered that the proposed use would have any significant impacts upon the amenities of neighbouring dwellings. It should also be noted that dog walkers can already use the footpath network in the area, and such uses are a common rural past time with the associated noise generation. Furthermore, similar applications have been previously approved by the Council and noise and disturbance were not raised as issues during their determination. As such, the proposal is not considered to have an adverse impact on existing neighbouring amenity, in accordance with Policy EM10 and EM12 of the Local Plan.

With regards to the possible impacts of dog waste, consideration has been given to the storage and disposal of this waste. It is considered essential to ensure that the storage and disposal of this waste is controlled given the potential pollution impacts that could result from inappropriate waste management. A condition has been attached to ensure that any waste disposal units / container details are submitted to and agreed with the Council. These conditions are considered reasonable and necessary in order to ensure that the development is acceptable in terms of neighbouring amenity in accordance with Policies EM10 and EM12 of the Local Plan.

Trees

Policy EM1 of the Local Plan requires development proposals to respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected, paying particular regard to b) the visual amenity and scenic quality, and e) trees, ancient woodland and hedgerows. The Landscape, Biodiversity and Trees SPD (2018) reinforces this guidance and encourages that design should consider the inherent constraints of the site.

Initially, concerns were raised by the Tree Officer requested additional information in the form of a Tree Survey, impact assessment and method statement due to concerns regarding the access/parking arrangement and works associated with the proposal that could encroach onto the rooting area of nearby trees and hedges. The main concerns stemmed from the trees and hedges which stand in the conservation area, which are protected by this designated status in respect of their health, stability and amenity value.

In order to demonstrate the potential impact the applicant provided a tree survey to inform an impact assessment detailing whether the trees could be successfully retained. The submitted Arboricultural Impact Assessment has been considered by the Tree Officer and is considered acceptable. In addition, the proposal will set the fencing 0.6m in from the existing fence line, in order to minimise the impact on the existing hedgerow at the site.

It is considered that if this guidance is closely followed, this gives confidence in a non-harmful development outcome for the nearby trees and hedgerows. Therefore,

Page 87 subject to the conditions listed at the end of this report, it is considered that the application is in accordance with Policy EM1 of the Local Plan.

Highways and Parking

The site lies within a rural location and is accessed via an unclassified road. It is the intention that there will be approximately 20 vehicle movements each day which will be controlled through an online booking site. The proposal will provide two parking spaces within the parking area which will be of mesh material.

A number of frequent trips are already made by local walkers adjacent to the site for walking along the PROWs surrounding the site. This was observed during the site visit.

Access to the site will remain largely unchanged, save the addition of fencing to create an area for parking up to two vehicles and manoeuvring.

Given the provision for two parking spaces and the expectation that the booking system will allow 2 persons per session (hour sessions) and a total of 20 persons per day, it is considered reasonable to attach a condition limiting the activities at the site to this number of people.

The extent and nature of the traffic are considered to be acceptable and would not have significant impacts on the free flow and safety of the surrounding highway network in accordance with Policies CN9 and EM10 of the Local Plan and in respect of parking provision and dimensions in accordance with the Parking SPD (2018).

Community Infrastructure Requirements

The application has been scoped and in this instance, no contributions are sought for this development.

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. The Charging Schedule states that a change of use would normally have no charge unless additional floor space is created. In this instance no additional floorspace is proposed as part of the proposal for the change of use of the land, the development would therefore be exempt from any CIL payments.

Conclusion

Policy EP4 of the Local Plan supports development relating to farm diversification scheme to enable farms to continue to be sustainable or allow them to expand their agricultural enterprise, subject to the development being appropriate in respect of landscape, heritage and environmental impacts, their accessibility and their impacts on the local highways. These matters have been considered within this report and it is considered that, on balance, the proposal would not be detrimental to the landscape, heritage or environment of the site and its surroundings.

Page 88 The site is accessible and will utilise an existing access to the site and that the number of movements associated with the change of use and the intensity of the proposal will not impact upon the local highway network any more than the current use of the road by dog walkers and their vehicles. As such, it is considered that the benefits of supporting the proposal for farm diversification outweigh the less than substantial harm the proposal has on the heritage assets in close proximity to the site.

It is therefore considered that the proposed change of use of the site and associated parking is in accordance with the NPPF (2019) and the Local Plan policies EP4, EM1, EM10, EM11, EM12 and CN9 and should be approved.

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan Drawing No. 1610_01 (received 15 August 2018) Proposed Site Plan Drawing No. 1610_004_A (received 15 August 2018) Indicative Fence Detail Drawing No. 1610_005_A (received 15 August 2018)

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 The materials to be used in the construction of the fencing hereby approved shall be as detailed within the submitted supported statement and as shown on drawing no. 1610_005_A (received 15 August 2018) REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 Prior to the commencement of development details of both surfacing and soft landscape proposals shall be submitted to and approved in writing by the Local Planning Authority. These details shall include, means of enclosure, soft landscaping details and car parking surface details. The soft landscape details shall include a planting plan, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, (including replacement trees where appropriate), noting species, planting sizes and proposed numbers/densities where appropriate, as well as any works to enhance wildlife habitats where appropriate. All hard and soft landscape works shall be carried out in accordance with the approved details and a timetable agreed with the Local Planning Authority. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved.

Page 89 REASON: Details are required prior to commencement because insufficient detail has been submitted with the application and in order to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved plans and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

5 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re- enacting that Order with or without modification) no additional gate, fence, wall or other means of enclosure permitted by Class A of Part 2, of Schedule 2 of the Order shall take place on the application site. REASON: Any additional gate, fence, wall and other means of enclosure by Class A may not be acceptable to the Local Planning Authority, having regard to the site's location and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6 Notwithstanding the submitted drawings, within one month of the commencement of development, full details of the refuse bins and collection facilities and the associated access routes shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be constructed and fully implemented prior to the occupation of the buildings hereby approved and shall thereafter be retained for that specific purpose. REASON: In the absence of details being submitted to accompany the planning application, details are required in accordance with Policies EM1, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

7 Prior to the commencement of development the method of construction of the means of access and details of any proposed gates shall be submitted to and approved in writing by the Local Planning Authority. The approved access details shall be constructed and fully implemented before the use hereby approved is commenced and shall be thereafter maintained in accordance with the approved details. REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to ensure that a satisfactory means of access to the highway is constructed in the interest of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

8 Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural Impact Assessment produced by SJ Stephens Associates, project ref: 1258 (dated 10 December 2018). REASON: To ensure that reasonable measures are taken to safeguard trees and hedges in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (2019) and policy EM1 and EM11 of the adopted Basingstoke and Deane Local Plan 2011- 2029.

Page 90 9 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place between 0730-0900 or between 1700-1800 Monday to Friday or before the hours of 0800 nor after 1300 Saturdays, nor on Sundays or recognised public holidays, unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of highway safety and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

10 During operation a maximum of 2 persons per hourly session (a maximum of 20 persons per day) shall be onsite at any one time and will be permitted to utilise the site for walking their dogs. REASON: In the interests of amenities for the local area and neighbouring occupiers in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

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

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

 seeking further information following receipt of the application;  seeking amendments to the proposed development following receipt of the application;

Page 91  considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 54-57).

In this instance:

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

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

Page 92 Location plan

Page 93 Site Plan

Page 94 Indicative Fence Detail

Page 95 Cttee: 6 March Item No. 3 2019

Application no: 18/03079/FUL For Details and Plans Click Here

Site Address Land At OS Ref 442629 155210 (The Green Hut) Upper Woodcott Whitchurch Hampshire Proposal Conversion of the existing building into a Class C3 dwelling

Registered: 18 October 2018 Expiry Date: 8 March 2019 Type of Full Planning Case Officer: Rebecca Murray Application: Application 01256 845578 Applicant: Mr P Opperman Agent: Mr Michael Papps Ward: Burghclere, Ward Member(s): Cllr John Izett Highclere And St Cllr Graham Falconer Mary Bourne Parish: LITCHFIELD AND OS Grid Reference: 442630 155210 WOODCOTT CP

Recommendation: the application be REFUSED for the following reasons:

Reasons for Refusal

1 The proposed development, as a result of the domestification of the site and increased usage would be detrimental to the character and visual amenity of the landscape and wider North Wessex Downs Area of Outstanding Natural Beauty, resulting in adverse impacts to the sense of place, sense of tranquillity and remoteness of the site, and the quiet enjoyment of the landscape from the public right of way. As such the proposals would be contrary to the National Planning Policy Framework (2018), Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and the North Wessex Downs Area of Outstanding Beauty Management Plan.

2 The proposed development would not lead to an enhancement to the immediate setting of the site and as such is contrary to the National Planning Policy Framework (2018), Policy SS6(c)(vi) of the Basingstoke and Deane Local Plan 2011-2029 and the North Wessex Downs Area of Outstanding Beauty Management Plan.

3 Insufficient evidence has been submitted to satisfactorily demonstrate that the existing building is truly a redundant or disused building and as such is considered contrary to the National Planning Policy Framework (2018) and Policy SS6(c) of the Basingstoke and Deane Local Plan 2011-2029.

General comments

The application is brought to the Development Control Committee at the request of Councillor Falconer for the following reason:

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“The existing Green Hut is an eyesore and it appears to be in a dilapidated state. It has a kitchen, bathroom and reception rooms so although it is a "hunting lodge" it has the facilities of a dwelling. The conversion into a dwelling as per redundant farm buildings has merit. The road from the top of the hill which has a church and large farm runs past this property to the hamlet of Binley but this property cannot be seen from the road. Further, the BDBC LP which includes the St Mary Bourne NP, which is very close to this property, favours small dwellings on redundant farm sites and therefore this could be seen to be within the BDBC LP.

The Parish Meeting has raised no objection.”

Planning Policy

The site is located outside a Settlement Policy Boundary within designated countryside and within the North Wessex Downs Area of Outstanding Beauty (AONB).

National Planning Policy Framework (NPPF) (February 2019)

Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 12 (Achieving well-designed places) Section 15 (Conserving and enhancing the natural environment)

Basingstoke and Deane Local Plan 2011-2029

Policy SD1 (Presumption in Favour of Sustainable Development) Policy SS1 (Scale and Distribution of New Housing) Policy SS6 (New Housing in the Countryside) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM6 (Water Quality) Policy EM7 (Managing Flood Risk) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM12 (Pollution) Policy CN9 (Transport)

Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance

Planning Obligations for Infrastructure SPD (March 2018) Parking SPD (2018) Design and Sustainability SPD (2018) Landscape, Biodiversity and Trees SPD (2018)

Other material documents

The Community Infrastructure Levy Regulations 2010 (as amended)

Page 97 BDBC Landscape Character Assessment North Wessex Downs AONB Management Plan 2014-19 National Parks and Access to the Countryside Act 1949 Countryside and Rights of Way Act 2000

Description of Site

The site is located in the south eastern corner of an agricultural field at Upper Woodcott in open countryside to the north of Whitchurch and within the North Wessex Downs AONB. The site is accessed via a long track which leads to Beech Hanger Copse; a Site of Interest for Nature Conservation (SINC) made up of deciduous trees. The site itself is partially within the SINC and also designated ancient woodland positioned to the northeast and a tree belt to the south west of the site. There is a Public Right of Way (PROW) footpath which runs from the southwest in a north easterly direction along the access lane to the site.

The site currently comprises an open green field with overgrown vegetation to the rear and south of the existing building (the Green Hut) at the site. The building is clad in profiled steel sheeting and is a timber frame structure on a brick plinth, and sits relatively centrally within the site. To the north and west are agricultural fields. There is no boundary demarcation around the building.

The narrow access lane (which connects Binley and Woodcott) is lined with trees and forms part of a Public Right of Way (PROW). It is noted that these trees lining the narrow access do not form part of the SINC or wider designation of ancient woodland.

The building cannot be seen from the road and there are no existing residential neighbouring dwellings; the closest residential dwelling to the site being Upper Woodcott Farm which is 0.7km to the southeast of the site. The building has been used as a hunting lodge, and supporting documents from the applicant state this use ceased two years ago. However, during the officer’s site visit the officer observed that the building had been in recent use.

Proposal

The application seeks the conversion of the existing building (the Green Hut) into a Class C3 residential dwelling. No external alterations are proposed as a result of the conversion.

The proposals indicate two parking spaces positioned on an existing concrete base. Access to the site will remain to be from the existing track which leads off from the main highway.

In support of the application (and since the original submission) the applicant has submitted a Landscape and Visual Impact Assessment (LVIA) and further information regarding the history of the site. Since the LVIA submission, a landscaping plan has been submitted which details the landscaping and boundary treatments which have been undertaken by the applicant during the determination of

Page 98 the application. An email from the agent confirms that the landscaping will be completed by 22/02/2019.

Consultations

Litchfield and Woodcott Parish Council: “In reference to planning application 18/03079/FUL – The Green Hut - Conversion of the existing building into a Class C3 dwelling. We confirm that the Parish Meeting have no objection to the application and support it.”

Landscape: Object – adverse impact on local landscape character, visual amenity, sense of tranquillity, remoteness and quiet enjoyment of the landscape from the public right of way.

Biodiversity: No objection.

Environmental Health: No objection, subject to conditions.

North Wessex Downs AONB Planning Officer: Object.

Waste Collection Officer: Comment – wheeled containers would have to be left at the highway for collection and returned back to the property following collection.

Public Observations

None received.

Relevant Planning History

None.

Assessment

Evidence has been submitted with the application setting out the understood history of the site. It appears from the evidence that there were two structures previously at the site, which date back to 1895. Through to 1983, another building was positioned at the site, which is shown on historical mapping records provided by the applicant. From GIS records it appears that historically the Green Hut has been positioned at the site in this location for some time.

Historically, the site is stated to have been a residential dwelling for the gamekeeper and his family from 1985 to 1958 (approximately). The historic 2nd building is said to have been an ‘L’ shaped barn behind the existing Green Hut. The building is no longer evident at the site, however, its foundations and plinth are still present under the vegetation to the rear of the building.

The farm was leased from 1958 and from 1960 it is understood that the Green Hut commenced use as a hunting lodge. The applicant purchased both the freehold and leasehold in 2006 and the submitted Planning Statement states the applicant “has continued to use the hut as a hunting lodge”.

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Principle of development

Planning law requires applications for planning permission to be determined in accordance with the development plan, unless material considerations indicate otherwise (section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004). The development plan of relevance to this application is the Basingstoke and Deane Local Plan 2011-2029, which places the site outside of a Settlement Policy Boundary, within designated countryside and within the North Wessex Downs AONB. At a national level, the NPPF is a material consideration in any determination.

 National Policy

The NPPF outlines a presumption in favour of sustainable economic, social and environmental development. These roles are mutually dependent and should be jointly sought to achieve sustainable development. Paragraph 124 of the NPPF sets out that good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities.

In respect of housing in rural areas, paragraph 77 sets out that planning decisions should be responsive to local circumstances and support housing developments that reflect local needs. To do this, the NPPF expects local planning authorities to support opportunities to bring forward rural exception sites that will provide affordable housing to meet identified local needs and consider whether allowing some market housing on these sites would help to facilitate this. To promote the underpinning presumption of sustainable development that resonates throughout the NPPF, paragraph 78 goes on to state that housing should be located where it will enhance or maintain the vitality of rural communities.

Of particular relevance to application is paragraph 79 which states that decisions should avoid development of isolated homes in the countryside unless it applies to one or more of the following: a) there is an essential need for rural workers; b) the development represents the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; c) the development would re-use redundant or disused buildings and enhance its immediate setting; d) the development would involve subdivision of an existing residential dwelling; or e) the design is of exceptional quality.

Criteria c) is of particular relevance to the application proposals.

In respect of the AONB, the NPPF confirms that great weight should be given to conserving their landscape and scenic beauty and that they have the highest status of protection in relation to landscape and scenic beauty (paragraph 172). The paragraph continues and states that the scale and extent of development within these areas should be limited and should consider the need for the development, the

Page 100 ability to meet the need in some other way and the detrimental effect on the environment, landscape and recreational opportunities and the extent to which that could be moderated.

 Local Policy

Policy SD1 sets out that the council will take a positive approach to determining proposals that reflects the presumption in favour of sustainable development within the NPPF, working proactively with applicants to secure development that improves the economic, social and environmental conditions in the area. The Policy also establishes that applications that are in accordance with the policies in the Local Plan, will be approved without delay unless material considerations indicate otherwise.

Policy SS1 of the Basingstoke and Deane Local Plan 2011-2029 (the Local Plan) sets out a spatial strategy for the Local Authority to meet its full housing need over the plan period. The strategy is principally based upon the development of allocated greenfield sites and the development of land in the towns and villages (defined Settlement Policy Boundaries). Development in the countryside is generally restricted.

In respect of this application, Policy SS6 of the Local Plan is of relevance due to the sites location within designated countryside. Policy SS6 outlines the exceptional circumstances where it is appropriate to allow new housing development in the countryside. Policy SS6 states that development in the countryside will only be permitted if the site is:

(a) on previously developed land; (b) is part of a rural exception scheme; (c) is for the re-use of an existing building; (d) involves the replacement of an existing dwelling; (e) is small scale to meet a locally agreed need; (f) is required to support an existing rural business; or (g) is allocated by a Neighbourhood Plan.

In respect of determining this application, as the proposal relates to the re-use of an existing building criterion c) of Policy SS6 of the Local Plan is of most relevance. In order for the application to be considered under this criterion the officer must be satisfied that the building is redundant or disused, in accordance with the requirements of the NPPF and SS6 (c). If this matter is not demonstrated then another criterion of relevance is SS6(a).

In order to comply with Policy SS6 c) the following criterion must be met:

iv) the proposal does not require substantial rebuilding, extension or alteration; v) the proposal does not result in the requirement for another building to fulfil the function of the building being converted; and vi) the proposal leads to enhancement to the immediate setting.

Page 101 In respect of criterion iv) the submitted plans demonstrate the conversion of the existing building at the site with no extensions or minor alterations to allow for the building to be converted for residential use. A structural assessment and survey report was also submitted by the applicant. This report concludes that on implementing the change of use the recommended repairs set out within the report should be carried out as part of the refurbishment works. The report does not conclude or find evidence which would require full replacement of the building and as such, it is considered that the building is able to be converted without substantial rebuilding, extension or alteration.

Regarding criterion v) the proposal does not require an additional building to fulfil the function of the conversion’s proposed use as a residential dwelling.

In respect of whether or not the proposal will result in enhancement to the immediate setting (criteria vi), this is considered in more detail elsewhere in this report. It is noted the site is located within the AONB and is surrounded to the west and east by ancient woodland and a SINC which must be assessed accordingly and considered in respect of the future domestication of the site and potential for the site use to be intensified. This is dealt with further in this report.

Notwithstanding this assessment, it is necessary for the proposal to be considered as re-use of a ‘redundant’ or ‘disused’ permanent building to be assessed under criterion c) of Policy SS6.

It is clear from the submitted documents that the existing building is used frequently as a hunting lodge. During the site visit the officer noted that the building had been in recent use for a gathering and evidence that the site was in continued use. The submitted Planning Statement states on the one hand that the applicant “has continued to use the hut as a hunting lodge”, and this seems to be supported from evidence noted during the site visit. However, later in the applicant’s Planning Statement it states “the applicant has no further need for this building to be a ’hunting lodge’” and as such there is no longer a requirement to fulfil the function for which the building was previously being used. A further statement was submitted by the applicant which states that the use of the hut as a hunting lodge ceased two years ago. However, this conflicts with the evidence noted during the site visit.

It is therefore not considered that the building can be considered to be redundant or disused and sufficient evidence would be required to justify that this was indeed the case.

In light of this conclusion, if the application were to be considered against criterion a) of Policy SS6 of the Local Plan, it is considered that although the proposal would be considered to be of a scale appropriate to the sites context, the application would not be in accordance with this criterion as it would result in a physically isolated form of development and would negatively impact upon a landscape which is considered to be of high environmental value.

In response to this conclusion, the applicant submitted a Landscape and Visual Impact Assessment (LVIA) on 03.01.2019. However, despite the submission of the LVIA the Landscape Officer and AONB Officer continue to object to the proposal on

Page 102 the same grounds as previously indicated. A landscape plan was later submitted on 18.02.2019 which sets out the landscaping undertaken by the applicant during the determination of the application. The Landscape Officer considers that although the landscaping is more native and in keeping with the surrounding landscape, the permanent change of use of the hut remains unacceptable in landscape terms. This is dealt with in further detail later in this report. As such the principle reasons for refusing the application remain.

It should also be noted that the site is not within the St Mary Bourne Parish Neighbourhood Plan and therefore the NP policies cannot be applied to this proposal.

 Other Material Documents

With regard to the North Wessex Downs AONB Management Plan 2014-19 the key objective relating to this site in respect of the landscape is to maintain and enhance the distinctive landscape character of the North Wessex Downs.

In respect of development, on page 89 of the management plan, it states that development for redevelopment and re-use should conserve and enhance the natural beauty of the North Wessex Downs, avoid and reduce light pollution and support and promote good practice in the design and management of roads in the AONB. A key issue outlined on page 87 of the management plan is the change of use of land to domestic garden use and the loss of rural character through suburbanising influences from new development (including: new fencing, lighting, parking areas and the creation of new garden areas).

As such, the management plan is not supportive of this change of use and creation of a defined residential curtilage in this location.

The Landscape, Trees and Biodiversity SPD adopted in July 2018 states that within the North Wessex Downs AONB scarp slopes are covered by open pastures with scrub and occasional woodland blocks. This type of landscape is prevalent at the application site. The SPD sets out that narrow country lanes should be protected from urbanisation. hedgerow restoration and woodland management are required within the AONB to provide a stronger landscape framework. As such, it expresses that proposed developments should be carefully placed in relation to existing woodland, trees and hedgerow. In this respect the SPD states that development close to woodland should be positioned a minimum of 20m from the edge of the woodland / tree belt to provide a buffer zone to create a naturally graded edge and maintenance access.

Impact on the character of the area/ design

The site lies within the North Wessex Downs AONB and the surrounding landscape is located in the Landscape Character Assessment Report within Character Area 9 ( and Binley Down) with key characteristics including: rolling chalkland and unifying pattern of woodland blocks which (combined with open farmland, frequent hedgerows, trees and occasional parkland) form a landscape with a distinctive sense of place.

Page 103

It is also noted within the BDBC Landscape Character Assessment Report that the AONB is generally unspoilt, with a quiet rural character and sense of remoteness and low settlement density with isolated villages, hamlets and scattered farmsteads and narrow roads. The nearest dwelling to the site is Upper Woodcott Farm, which is approximately 0.65km to the south east of the site. It is necessary to preserve the local character as set out within the council’s landscape character assessment in accordance with Policy EM1 of the Local Plan.

The proposal seeks to change the use of the dwelling to residential and carry out improvements to the existing building. An existing concrete base is proposed to be used for two car parking spaces and there are some limited drainage works proposed to the south of the building.

It is considered that the internal and external works as detailed are minor and would not in themselves result in significant landscape impacts. However there are landscape concerns with the change to permanent residential use both in landscape character and visual amenity terms. These concerns include the adverse effects on the tranquil rural character of the surrounding landscape, the domestication of the area and the visual amenity enjoyed by users of the PROW network. Concerns are also raised in relation to the formalisation of the access and parking arrangements to meet highway requirements / standards affecting the tree lined access which is a landscape feature and character of the PROW. It is also important within Policy EM1 of the Local Plan to pay particular regard to trees, ancient woodland and landscape features.

Recent use as a hunting lodge has involved occasional use in keeping with an agricultural, rural character. The occasional use would have had a negligible impact on the surrounding landscape and character. However, the change to a permanent residential use is a significant change to a domestic character and would be considered out of keeping with the existing character, remote, unspoilt and quiet nature of the surrounding area immediately around the site. The proposed use would lead to an intensified domestication of the building and its immediate setting, which would result from additions such as fencing, ornamental garden style planting, lighting and domestic paraphernalia (e.g. washing lines, children’s’ toys). The impact as a result of the permanent change of use is also not considered to be overcome by the landscaping scheme undertaken by the applicant in order to overcome the Landscape Officer’s concerns.

It should also be noted that the AONB Officer has objected to the proposals on the basis that the conversion of this building into a domestic residential dwelling would result in the introduction of suburbanising influences to what is presently open and undisturbed countryside. The permanent use of the site for residential use would result in the creation of a residential curtilage and the creep of domestic paraphernalia which would erode the tranquil rural character of this locality and the experience of the AONB landscape to users of the neighbouring PROW. The potential for increased lighting would also change the relationship of the building to the immediate setting. The AONB Officer therefore advises that the application would be contrary to the North Wessex Downs Management Plan.

Page 104 It is therefore considered that the application will result in harmful impacts on the local landscape character and visual amenity of the area, particularly the AONB.

In respect of the principle acceptability of the development, Policy SS6 c) requires proposals for the re-use of redundant buildings to enhance the immediate setting. The applicant has stated that “the proposed renovation of the existing building, and appropriate landscaping, will enhance the immediate setting and prolong the use of the building”.

As noted above the site had no demarcation during the site visit and sits within the countryside as a rural building. Any associated residential use could introduce domesticated planting/landscaping and boundary treatment, which would be at odds with the wider landscape. As stated within the Landscape and Visual Impact Assessment the proposed defining of a garden boundary with a picket fence and hedging would reinforce the change of use to residential and introduce a domestic character. This would particularly impact upon users of the public right of way network. Although this could be controlled by way of condition, it is considered that a picket fence and formalised planting will create a visual intrusion, which is not consistent with the open fields and countryside immediately surrounding the site. In response, the applicant submitted a landscaping plan on 18.02.2019 and shows native hedging rather than a defined fence.

Whilst it is accepted that the landscaping plan submitted is an improvement on the original plans for a picket fence and more domestic style landscaping, given the designated status of the land within the North Wessex Downs AONB, which reflects the importance of the landscape and its setting, the proposal would be contrary to both national policy and the criteria set out within the North Wessex Downs AONB Management Plan due to the impacts of the permanent change of use of the hut to residential. The conversion of a building with minimal external changes cannot be considered as ‘enhancement to the immediate setting’ as required by the policy. Conversion of the building is a ‘given’ fact and cannot be considered an enhancement when the associated use would lead to a domestication of the building and the immediate area, in a location noted for its remoteness and sense of tranquillity. As such, the proposal remains contrary to Policy SS6c) in this regard.

Enhance means to make better or more attractive, improve the appearance of. In its literal sense, this means the development must have regard to the isolated rural location of this site and its low key nature. Given the above assessment the proposal would introduce a domestic form of development into an otherwise extremely rural remote location with little other built form around including associated domestic paraphernalia which will result from the nature of the use for residential purposes.

In addition, Policy EM1 of the Local Plan requires development proposals to respect the sense of place, sense of tranquillity or remoteness, and the quiet enjoyment of the landscape from PROWs. It has also been noted by the AONB Officer that the permanent use of site would result in the coming and going of vehicles along a field track, which would inevitably be eroded unless aggregate/chippings were placed along the route; both would alter the character of the track, which reinforces the unsustainable location away from services and facilities.

Page 105 It is noted that the submitted Planning Statement refers to the building reverting back to its original use. Whilst this is not disputed from the photographic evidence submitted, the original residential use was during an age where the impact of a domestic use would not have had the associated domestic clutter and intensification resulting from modern day living, such as cars, deliveries and lighting.

In this respect it is considered that the application fails to meet both Policy SS6 c) and Policy EM1 of the Local Plan and would have a detrimental impact upon the landscape character and visual amenity of the site, and wider AONB. This is because the development would result in the suburbanisation of open and undisturbed countryside, the creation of a residential curtilage and the creep of domestic paraphernalia which would erode the tranquil rural character of this locality and the experience of the AONB landscape and users of the PROW.

Parking, refuse and recycling

No detailed drawings have been submitted regarding parking arrangements or refuse and recycling facilities, although an existing concrete hardstanding which has become grassed over is annotated on the plans as being for two parking spaces. It is considered that if all other matters had been considered to be acceptable this matter could have been dealt with by way of condition. It is noted that the site is within an isolated location, and as such, consideration would need to be given to refuse and recycling access and regarding how sustainable the location is in respect of pollution (Policy EM12) and access (Policy CN9). The Waste Officer has stated that bins would need to be taken to the highway for collection and then returned to the site. This would be a distance of 129m which is contrary to the Design and Sustainability SPD (2018).

As stated above, there are concerns that the increased use of the access as a result of the proposed use would mean that the existing track would require upgrading and this in itself would change the character of the track in relation to the wider area.

Flood Risk

The site lies within Flood Zone 1 which is deemed to be at the lowest risk of flooding and therefore this application does not require a flood risk assessment, in accordance with Policy EM7.

Water Quality

The site also lies within the 'locally' defined Basingstoke Groundwater Protection Zones 3 as defined on the Adopted Local Plan Policies Map. Policy EM6 of the Local Plan sets out the Council's approach to considering water quality. In order to protect and improve water quality, potentially contaminating development proposals within Source Protection Zones will need to demonstrate that groundwater and surface water is adequately protected to prevent a deterioration of water quality and pollution of the water source.

Due to the nature of the development, further information was not required to assess the principle use of the building for residential purposes. However, the applicant’s

Page 106 attention is drawn to this matter if any future works are proposed at the site which may impact upon the water quality of the site. As such, it is advised that further clarification is sought from the Environment Agency before a planning application is submitted.

Biodiversity

The proposed change of use in this regard is not considered to presently result in any impacts on key species or habitats or designated sites. However, it is noted that if future works were undertaken on the building or land and all other matters had been considered acceptable that mitigation for the presence of pipistrelle bat roosts would be required along with an impact assessment for the adjacent woodland SINCs and known dormouse populations. As such, a condition requiring details of mitigation and a habitat enhancement plan, in accordance with Policy EM4 of the Local Plan would have been requested if the application had been acceptable in all other respects.

Contamination

During the site visit it was noted that visually, there is nothing that indicates a presence of contamination on site, and the Environmental Health Officer has noted and accepts that the proposed conversion will not result in the creation of a new building, however when assessing potential risks from contamination it is necessary to consider all the land within the red boundary line, not just land where the proposed dwelling will be located.

With that in mind, given the historic agricultural use of the site, a use which is likely to be associated with contamination, if all other matters had been considered acceptable a contamination assessment would have been required to be undertaken by way of condition to satisfy the officer that the potential risks from contamination for future site users had been appropriately assessed in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.

Sustainable Water Use

Policy EM9 sets out that development for new homes will need to meet a water efficiency standard of 110 litres or less per person per day, unless clear demonstration is given that this would not be feasible. As limited information has been submitted to satisfy this policy, had all other matters been acceptable, this matter would have been recommended to be dealt with by way of condition.

Community Infrastructure Requirements

In this instance the development is proposed for a replacement dwelling, which cannot seek tariff based S106 obligations.

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. From these forms, it would appear that

Page 107 the development would not be CiL liable since there would be no increase in floorspace.

Other Matters

The application site is situated outside of the St Mary Bourne Neighbourhood Plan boundary and as such, the policies within this plan are not relevant to the determination of this application.

Informative(s):-

1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

 seeking further information following receipt of the application;  seeking amendments to the proposed development following receipt of the application;  considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 54-57).

In this instance:

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

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

Page 108 Location plan

Site plan

Page 109

Landscape plan

Page 110 Proposed and Existing elevations

Page 111 Cttee: 6 March Item No. 4 2019

Application no: 18/03159/HSE For Details and Plans Click Here

Site Address 7 Sandford Road Tadley RG26 4DA Proposal Erection of two storey side and rear extension, single storey rear extension and front porch

Registered: 31 October 2018 Expiry Date: 8 March 2019 Type of Householder Case Officer: Jemma Cox Application: Permission 01256 845304 Applicant: Mr & Mrs Cullum Agent: Mr Steven Cottrell Ward: Baughurst And Ward Member(s): Cllr Michael Bound Tadley North Cllr Robert Tate

Parish: TADLEY CP OS Grid Reference: 459204 161974

Recommendation: the application be REFUSED for the following reasons:

Reasons for Refusal

1. The site is located within Sandford Road which is characterised by distinctive visual gaps at first floor level between the linked detached dwellings providing relief from the built form. Due to the size, scale and height of the proposal and proximity to the boundary, the proposed development would result in a loss of space and visual gap which would be detrimental to the visual amenity and spatial characteristics of the streetscene. As such the proposal would be contrary to Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document 2018.

2. The proposed two storey rear extension due to its bulk and length in close proximity with the shared boundary with no. 9 Sandford Road, would result in an overbearing form of development thereby adversely affecting the residential amenities of the neighbouring property. As such the proposals are contrary to Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, and Section 11 of the Basingstoke and Deane Design and Sustainability SPD (July 2018).

General comments

The application is brought to the Development Control Committee at the request of Councillor Bound for the following reason:

"On looking at the application plans I feel that the judgement as to whether it would be out of place in the street scene, would appear too bulky or overbearing is very subjective, enough so to ask for DC to debate and make the decision. I also have considered the fact that there aren't any objections and when I attended the Town

Page 112 Council Planning meeting, where the application was discussed, they certainly had no objection".

Planning Policy

The site is located within the Tadley Settlement Policy Boundary and is also located within the locally defined Basingstoke Upstream Critical Drainage Area (UCDA) as defined on the Adopted Local Plan Policies Map.

National Planning Policy Framework (NPPF) (July 2018)

Section 12 (Achieving well-designed places) Section 14 (Meeting the challenge of climate change, flooding and coastal change)

Basingstoke and Deane Local Plan 2011-2029

Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM7 (Managing Flood Risk) Policy EM10 (Delivering High Quality Development) Policy EM12 (Pollution)

Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance

Design and Sustainability Supplementary Planning Document 2018: Section 11 - Extensions Parking Supplementary Planning Document 2018 Planning Obligations for Infrastructure SPD (March 2018)

Other material planning documents

The Community Infrastructure Levy Regulations 2010 (as amended) Tadley Village Design Statement (2004)

Description of Site

The application site comprises a two storey semi-detached property. Flat roof garages to the southeast serve to link the application site with the neighbouring property at single storey level. The street scene is relatively uniform, whilst there is evidence of single storey front porch extensions, the street scene is characterised by pairs of semi-detached dwellings of similar appearance with flat roof garages at single storey level. As such there is a uniform rhythm and pattern of development within Sandford Road.

An area of hardstanding to the front of the property provides off street vehicular parking for approximately two cars.

Page 113 Proposal

The application seeks planning permission for the erection of a two storey side and rear extension, single storey rear extension and a front porch.

The two storey extension would result in the removal of the existing single storey garage and would have a ridge height of 7.8m (some 0.3m lower than the host property). The proposed two storey extension would extend 3.5m from the rear elevation of the existing property. At first floor level, the proposed extension would be set back from the front elevation by 0.5m and the proposed porch area (including a front projection of the proposed garage) would extend the property forward by 1.5m from the existing front elevation.

The single storey rear extension measures 3.5m in width, 3.5m in depth and would have a maximum height of 3.5m.

Materials are proposed to match those of the host dwelling.

Consultations

Tadley Town Council: No objection

Public Observations

None received.

Relevant Planning History

BDB/34216 Erection of porch and garage Granted 10/03/93

Assessment

Principle of Development

Policy CN9 sets out that development should provide appropriate on-site parking and should not result in inappropriate traffic generation or compromise highway safety.

Policy EM1 states that development will be permitted only where it can be demonstrated that the proposals are sympathetic to the character and visual quality of the area concerned and must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected.

Policy EM7 establishes that development will only be acceptable within area of flood risk from any source of flooding if it is clearly demonstrated that it is appropriate at that location.

Policy EM10 states that proposals will be required to respect the local environment, contribute to the streetscene, be visually attractive and provide adequate vehicular parking and cycle storage. Policy EM10 also requires developments to provide high

Page 114 levels of amenity for proposed occupants and neighbouring occupiers regarding privacy, amenity space and natural light.

Policy EM12 establishes that development will only be permitted where it does not result in pollution which is detrimental to quality of life or poses unacceptable risk to health or the natural environment.

It is considered that the principle of the proposed development meets the criteria set out within Policies CN9, EM1, EM7, EM10 and EM12 of the Local Plan and is therefore acceptable subject to other material planning considerations being considered. These will be set out within the below assessment.

Impact on the character of the area/design

The immediate area comprises of two storey semi-detached properties, linked by intervening garages. The properties are relatively modest in scale with unenclosed front gardens. The street scene boasts a uniform pattern of development by virtue of first floor gaps between pairs of semi-detached properties. From the street scene, the properties are relatively uniform in appearance, albeit some have been extended at ground floor level creating larger pitched roof porches. The character of the street is defined by the uniformity in the visual gaps between properties, creating visual and physical separation with a consistent rhythm and pattern of development. A two storey side extension is noted at 11 Sandford Road, however this is a corner plot, and not adjacent to a road frontage.

Design guidance within the Design and Sustainability Supplementary Planning Document (2018) expresses that extensions should be subservient and proportionate to the host dwelling. When viewed from the street scene, the proposed two storey extension would maintain a marginally lower ridge line than the host dwelling, and at first floor level, would be set back from the front elevation of the property. In this respect, the extension is considered to have a subservient relationship. However, it is acknowledged that the cumulative effect of the proposals would result in a notably larger dwelling. Notwithstanding this, the proposed bulk and massing is not considered to result in overdevelopment of the site by virtue of the plot size.

However, the proposal would result in the loss of visual gap at first floor level. It is acknowledged that the proposed two storey extension would be built off the boundary, unlike the existing single storey garage structure, and would therefore maintain a small physical gap to the side boundary (approximately 0.1m). However, the presence of two storey development that would extend the width of the application site would be at odds with the surrounding pattern of development, resulting in detrimental harm to the character and visual quality of Sandford Road.

The Agent has drawn attention to other examples of first floor development which have been granted planning permission within the wider area, namely located on Franklin Avenue, Bishopswood Road and Huntsmoor Road. A review of planning permissions within the wider area highlight that in some instances, first floor development which erode the visual gaps between buildings can be acceptable. However, it is important to note that each application should be determined on its

Page 115 own merits. From an assessment of other examples, instances where similar development has been considered acceptable include properties that are not link- detached, where there are already similar examples within the street scene (thereby the proposals are re-introducing regularity) or where the staggered building lines provide relief from a terracing effect.

The Design and Sustainability Supplementary Planning Document (2018) states that "spaces between buildings often make an important contribution to the character of an area". In this case, the pattern of development within Sandford Road materially differs from those in surrounding streets, whereby the visual gaps between pairs of semi-detached properties has been wholly preserved. Whilst other examples within surrounding streets are noted, the context in which the proposal would be read is that of Sandford Road. As the proposal would result in the loss of visual gap and spacing about the site, the proposal would result in a discordant feature which would detrimentally effect the quality and character of the street scene.

It is considered that the proposal would be detrimental to the visual amenity and spatial characteristics of the streetscene. Therefore, the proposal would be contrary to Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document 2018 and is recommended for refusal in this regard.

Impact on neighbouring amenities

The application site shares a common boundary with nos. 5 and 9 Sandford Road. By virtue of the sites garden depth, properties to the rear are sited over 40m from the application property. Dwellings opposite the site are located at a distance of over 25m, separated by the intervening highway.

 5 Sandford Road

The proposed single storey rear extension would extend 3.5m from the rear elevation of the host dwelling. The extension would not extend beyond the rear wall of a single storey rear projection at 5 Sandford Road, which has been constructed along the shared boundary. Given the mitigating impacts of the existing structure at the adjacent property, the single storey rear extension is not considered to give rise to any adverse overbearing impacts, loss of light or undue overlooking. The proposed two storey extension is also proposed to extend 3.5m from the rear elevation, however it would be separated from 5 Sandford Road by the proposed single storey extension. Given the overall separation distances of this aspect of the development, it is considered that it would not result in adverse levels of overshadowing or overbearing impacts.

Windows within the rear elevation would afford views towards the rear garden of the adjacent property, similar to the existing situation. In addition, the side facing elevation of the two storey extension (north-west) does not include the provision of any fenestration, as such the two storey extension would not result in any adverse levels of overlooking. If all others have been considered acceptable, it would have been considered reasonable to remove permitted development rights in relation to

Page 116 the insertion of any additional openings in this side elevation by way of condition, in the interests of residential amenity.

By virtue of its modest scale and separation to the shared boundary, the proposed porch area is not considered to significantly detract from the amenities of the adjoining neighbour.

 9 Sandford Road

The proposal would result in increased bulk of built form along the common boundary shared with 9 Sandford Road. The proposed two storey extension would be sited within 0.1m of the common boundary and would extend up to 3.5m from the rear of the existing property, but 4.8m in length along the entirety of the shared boundary). The extension would give rise to an expanse of two storey brick wall within close proximity to the boundary, it is acknowledged that a single storey garage at the adjacent property would separate the proposal from the nearest window serving a habitable room. The proposed extension would not intersect the line drawn at 45 degrees from the nearest ground floor or first floor window, as such the extension would not give rise to unacceptable levels of overshadowing.

The proposed two storey element of the proposals would be in close proximity to the shared boundary with no. 9 Sandford Road, and at 7.8m in height (4.8m to the height of the eaves) and running 4.8m along the length of the boundary, it is considered that it would result in an overbearing and unneighbourly form of development. Such an overbearing bulk adjacent to the boundary would adversely affect the amenities of the neighbouring property.

Side windows were observed on the side elevation of the neighbouring dwelling, however one of these is obscured glazed, serving a bathroom and the other serves stairwell area. As these windows do not serve habitable rooms, it is considered that the development would not result in unacceptable levels of overlooking in this respect.

The proposal would result in the insertion of a first floor, side facing window. However, given that it is proposed to serve a bathroom, it is considered reasonable that this window should be fitted with obscure glass and non-opening below 1.7m of floor level. If the application was considered acceptable in other respects, this could have been secured by way of condition. In the interests of neighbouring amenity, it would also have been considered reasonable and necessary to remove permitted developments for the insertion of further openings within this side elevation.

Whilst the proposals would not result in overlooking or loss of light to neighbouring properties, due to the bulk and extent of the two storey extension on the shared boundary with no. 9 this element is considered unacceptable and would result in an overbearing and unneighbourly form of development adversely affecting the amenities of no. 9 Sandford Road. The development is therefore contrary to Policies EM10 of the Local Plan and the Design and Sustainability Supplementary Planning Document 2018.

Page 117 Highway Impacts

The proposal would increase the dwelling from 3 bedrooms to 5 bedrooms.

The application site is located within the 'outer urban' area, therefore a property of this size should provide for 3 parking spaces, in accordance with the Parking Supplementary Planning Document 2018.

Currently, the site provides parking for approximately 2 vehicles to the front of the site. The proposed block plan illustrates that 3 spaces are to be provided, through an extension to the driveway. It is acknowledged that the proposed garage does not conform to the required dimensions to be classified a parking space. Each of the proposed parking spaces measure the required 2.7m in width and 5.2m in length and a further 0.9m is provided for pedestrian access into the site.

The development would therefore accord with the Residential Parking Standards and would not result in the increased likelihood of on street parking. The proposal would not cause an adverse impact on highway safety and as such the proposal complies Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Should the application have been considered acceptable in all other respects, the provision and retention of 3 parking spaces could have been secured by way of condition.

Impact on the Water Environment

The site lies within the 'locally' defined Basingstoke Upstream Critical Drainage Area (UCDA) as defined on the Adopted Local Plan Policies Map. The site is also within Flood Zone 1 (in having a low probability of fluvial flooding).

Policy EM7 'Managing flood risk' of the Basingstoke and Deane Local Plan sets out the Council's approach to considering flood risk. The application is for a two storey side and rear extension, single storey rear extension and a front porch, which would result in the increase in built form and an additional bedroom. It is not considered that the scale of the extension or the overall demand placed upon the drainage system would trigger the need for a Flood Risk Assessment and given its small scale is unlikely to overload the capacity of the existing drainage system.

Community Infrastructure Levy

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. From these forms, it would appear that the development would be exempt from any CIL payments given that the development would have a gross internal area of less than 100m2.

Page 118 Informative(s):-

1 In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

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

In this instance:

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

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

Page 119 Location plan

Page 120 Block Plan

Page 121 Proposed Elevations

Front

Rear

Side Elevations

Page 122 Cttee: 6 March Item No. 5 2019

Application no: 18/03200/HSE For Details and Plans Click Here

Site Address 29 Milkingpen Lane RG24 7DE Proposal Erection of single storey rear extension

Registered: 5 November 2018 Expiry Date: 11 March 2019 Type of Householder Case Officer: Daniel Ayre Application: Permission 01256 845512 Applicant: Mr & Mrs N. Ward Agent: Miss Marie Price Ward: Basing Ward Member(s): Cllr Onnalee Cubitt Cllr Sven Godesen Cllr Paul Gaskell

Parish: OLD BASING AND OS Grid Reference: 466796 153010 LYCHPIT CP

Recommendation: the application be REFUSED for the following reason:

Reason for Refusal

1 The proposed rear extension due to its unacceptable size, form and design would cause harm to the significance of the listed building, which is not outweighed by any public benefit. This harm would fall within the 'less than substantial' category, and would be contrary to Section 16 of the National Planning Policy Framework (2018) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

General comments

This application is brought to the Development Control Committee, at the request of Councillor Godesen, for the following reasons:

"The Parish Council feel that enough has been done to address their original reasons for objection and now wish to withdraw their objection. I appreciate that it is a substantial addition to listed building but it will be barely visible from Milkingpen Lane. These smallish listed buildings need to be preserved and brought into the C21st. On balance, I feel that the committee may feel that the benefits outweigh the disadvantages."

Planning Policy

29 Milkingpen Lane is a detached Grade II Listed building located in the Old Basing Conservation Area. As such, proposals affecting the listed building and the surrounding area are subject to the following legislation, national and local policies and guidance:

Page 123

National Planning Policy Framework (NPPF) (July 2018)

Section 1 (Achieving sustainable development) Section 12 (Achieving well designed places) Section 16 (Conserving and enhancing the historic environment)

Basingstoke and Deane Local Plan 2011-2029

Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment)

Old Basing and Lychpit Neighbourhood Plan

Policy OB&L 6 (Protection of Historic Environment)

Supplementary Planning Documents and Guidance (SPDs and SPGs)

The Historic Environment: Listed Buildings SPG (2003) Design and Sustainability SPD (2018) Old Basing Conservation Area Appraisal (2003) Planning Obligations for Infrastructure SPD (2018) Old Basing Village Design Statement (2006) Draft Heritage SPD (2018)

Other material documents:

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Historic England (2015) Historic Environment Good Practice Advice in Planning 2: Managing Significance in Decision Taking in the Historic Environment Historic England (2017) Historic Environment Good Practice Advice in Planning 3: The Setting of Heritage Assets (2nd Edition) Community Infrastructure Levy Regulations 2010 (as amended)

Description of Site

29 Milkingpen Lane is a detached two storey, three bay timber framed cottage, with a tiled roof and painted brick infill panels. The cottage faces west, and fronts onto Milkingpen Lane. The cottage is thought to date from the first half of the 16th century, but has been altered throughout its history, with a single storey side extension added to the North gable in the 19th century. Some of the timber framing (to the Southern end of the building has been removed) and replaced with brickwork and tile hanging to the Southern gable.

Proposal

Planning permission is sought for the demolition of a single storey rear porch, and in its place the construction of a new single storey flat roofed extension measuring 11.4m wide, 7.0m deep at its deepest point and 3.0m high.

Page 124

Amended plans were submitted on the 7th December 2018 in response to concerns expressed by the case officer. Those plans altered the footprint of the extension, changed the orientation of the rear elevation of the extension, removed the south western corner of the extension and clarified the elevational design.

An application for listed building consent has also been submitted for these works as well as internal alterations which is considered elsewhere on this agenda.

Consultations

Parish Council: “Old Basing and Lychpit Parish Council would like to object for this application for the following reasons; 1) It is out of keeping with the area. 2) It has a flat roof which is contrary to the Village Design Statement. 3) It will dwarf the attractive period building.”

Comments on Amended Plans: No objection

Public Observations:

One letter of objection:

 Harm to the character and appearance of the Old Basing Conservation Area,  Harm to the visual amenity of the village, and  Conflict with the Old Basing Village Design Statement.

Relevant Planning History

16/00071/LBC Alterations to ground floor reception room GTD 01/03/16

17/01646/RET Replacement of front door. Removal and WDN 17/11/17 relaying of original brick floor and repair of internal wall timber footings and panel walls to reception room and hallway. Minor repairs to ceiling (Retrospective)

17/01647/LBC Replacement of front door. Removal and GTD 16/11/17 relaying of original brick floor and repair of internal wall timber footings and panel walls to reception room and hallway. Minor repairs to ceiling (Retrospective)

18/03201/LBC Demolition of rear porch, erection of single Concurrent storey rear extension. Internal works to form application for listed new bedroom/bathroom on ground floor and building consent works to first floor bathroom.

Page 125 BDB/75088 Erection of an outbuilding for use as garage GTD 10/11/11 and home study. Installation of 1 metre high vehicular access gates, 2 metres high boundary fence and relocation of existing shed

BDB/63105 Erection of a single storey rear extension and GTD 09/06/06 single bay detached garage

BDB/63104 Erection of a single storey rear extension and GTD 13/11/06 single bay detached garage

Assessment

Principle of development

The acceptability of proposals will depend upon compliance with statutory legislation, national and local planning policies and guidance, in particular:

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in exercise of its functions under the Planning Acts, the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Section 72 of the Planning (Listed Buildings and Conservation Areas Act) 1990 states that with respect to any buildings or other land within a conservation area, in the exercise of relevant functions under the Planning Acts, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

Local Plan Policy EM10 requires development proposals to:

 'positively contribute to local distinctiveness',  'provide a high quality of amenity for occupants… and neighbouring properties',  'have due regard to the density, scale, layout, appearance, architectural detailing, materials and history of the surrounding area and the relationship to neighbouring buildings' and to be  'visually attractive as a result of good architecture'

Local Plan Policy EM11 requires development proposals to:

 'demonstrate a thorough understanding of the significance of the heritage asset, how this has informed the proposed development and how the proposal would impact upon the assets significance',  'respect the historic form, setting, fabric and any other aspects which contribute to the significance of the host building',  'conserve or enhance the quality, distinctiveness and character of heritage assets by ensuring the use of appropriate materials, design and detailing.'

Page 126 Policy OB&L 6 of the Neighbourhood Plan states that 'Any designated historic heritage assets in the Parish and their settings, both above and below ground, will be conserved or enhanced for their historic and architectural significance and their importance to local distinctiveness, character and sense of place. In particular, these include, but are not limited to:

 Basing House  Olivers Battery'

Impact on the significance of the listed building

Under the NPPF, harm to heritage assets is divided between ‘substantial’ and ‘less than substantial’. Substantial harm to a heritage asset is a high test which is rarely met. The courts have established (as per Barnwell 2014) that less than substantial harm to a heritage asset cannot be equated to a less than substantial objection, and great weight must be given to such harm in making planning decisions. The NPPF is clear that any harm to a heritage asset should require clear and convincing justification (paragraph 194). Where such harm is identified, this harm should be weighed against the public benefits of the proposal, which include securing its optimum viable use (paragraph 196). In this case, it is not considered that the proposal would result in any public benefits.

The significance of this listed building derives from its surviving historic fabric; particularly its 16th century timber frame and jettied northern gable (now internal); its general age, as a building in which many of the elements pre-date the 18th century; and its relatively modest form and appearance, characterised by the proportions and rhythm of the timber framing with 'punched holes' as window and door apertures.

The building is not mentioned specifically in the Old Basing Conservation Area Appraisal, but an important viewpoint from the road immediately outside the house has been identified, looking south.

It is noted that the significance of a heritage asset does not derive from views of that asset, or public access to the asset. This has been established within national Historic England Advice, specifically Good Practice Advice Note 3: The Setting of Heritage Assets, states: “the contribution of setting to significance does not depend on public rights or ability to access it, significance is not dependent on numbers of people visiting it [a heritage asset]”. It follows, that where an extension to a listed building is not visible from a public viewpoint, this does not mitigate the harm which it can cause to the significance of that listed building.

The Design and Sustainability SPD includes the following sections which are of relevance to this application:

 '11.14 The design and style of the proposed extension should generally respect the design and style of the original house.'  '11.15 The basic shape of the extension should be subservient, and in proportion to the original building.'  '11.17 The bulk, massing, size and scale (width, depth and height) of an extension are critical in determining whether the development will remain in

Page 127 proportion to the building. Extensions which are overly large in terms of bulk, size and/or scale and are disproportionate in relation to the original house are unlikely to constitute acceptable design.'  '11.18 The shape, pitch and style of the roof will be a significant factor in achieving an appropriate design. The roof form does not necessarily have to exactly match the existing property, but should be well related to it.'  '11.19 Certain building features can be repeated on extensions in order to help integrate the new building with the existing, particularly in the case of historic buildings. Care should be taken when copying key design features, as poor quality copies are likely to detract from the original building and also undermine the design of the extension.'  '11.21 An extension must have particular regard to any regular arrangements of vertical features along a façade, for example chimneys, bay windows and half dormer windows.'

At the time of writing, the draft Heritage Supplementary Planning Document has completed public consultation and is due to be adopted by the Council in Mach. It therefore has weight in the consideration of this application. Of particular relevance to this application, are the following principles:

 Principle LB01 aims to ensure that proposals preserve the significance of listed buildings. It requires works to listed buildings not to have an 'adverse impact on the significance of the listed building and/or the ability to appreciate that significance'.  Principle LB02 relates to the design of alterations to listed buildings. It requires proposals to extend or alter a listed building to 'respond sensitively to the design of the listed building, for example in terms of the pattern of openings within it, its rhythm, massing, dimensions, scale and proportions, its horizontal or vertical emphasis' and also states that 'a design which competes with the host building, and/or which incorporates incongruous features is unlikely to be acceptable'.  Principle LB03 of that SPD aims to ensure that the extensions to listed buildings do not interrupt the hierarchy of built form of the building, individually and cumulatively. The principle states that extensions to listed buildings should generally be smaller than the areas of special interest, both in terms of height and footprint.  Principle LB04 requires that materials, finishes and construction details used in works to listed buildings should respect those of the listed building, the local vernacular, and the way in which the building performs.

The Old Basing and Lychpit Village Design Statement, includes certain recommendations for the design of extensions, in particular:

'Any new development or extension to an existing property, residential or commercial, should blend in with the immediate surroundings in that particular part of the settlement. This should be in terms of design and form, scale and materials, and should harmonise with the original features and details of the existing properties and adjacent buildings'; 'all roofs, including conservatories, should be pitched not flat'; 'the choice of materials in residential and commercial properties is vital to maintain coherence'; and 'Existing plot ratios which provide parts of the village with its

Page 128 essential landscape character (mature trees, shrubs and hedges) should be maintained'.

The demolition of the existing external rear porch would preserve the special interest of the building. This feature dates to 2006, and does not make a positive contribution to the special interest of the listed building.

Notwithstanding the above, the rear extension proposed is considered to be harmful to the significance of the listed building. This harm which is less than substantial arises from three aspects of the design:

1. the unduly large size of the extension in relation to the existing building; 2. the form and design of the extension would not be well related to the proportions of the existing building, and 3. the bulk and scale of the extension are not broken down into smaller elements as is the case with the existing building.

When assessing the impact of proposals on a heritage asset, it is important to take a holistic approach, bearing in mind that a building is not usually experienced in isolation, rather as part of an area which includes other buildings and structures, all of which will have an ability to impact upon the way in which a building is perceived. In this case, it is also important to consider the modern garage and garden room structure which exists in the back garden. Whilst the form of this structure is different to that of the proposed extension, its elevational treatment (in terms of cladding and window/door sizes) is not unlike that of the extension presently proposed.

29 Milkingpen Lane is presently at the top of the hierarchy of built form within its plot, and immediate setting. It is apparent that it is the most important structure in its plot, due to its size, as the largest building in the plot with the biggest footprint. Within the wider area, it is also apparent as an important structure, sitting parallel with the road, and squarely opposite Manor Lane: it has a commanding, albeit understated, relationship with its surroundings.

The historic elements of the listed building have a footprint (gross external area) of approximately 83m². The proposed extension would have a footprint of approximately 65m², meaning that the extension would increase the footprint of the listed building by 78%. The modern garage and garden room to the rear of the plot has a footprint of 43m², which read in conjunction with the proposed extension would lead to a combined footprint of 201m², with the new elements representing 70% of the quantum of development on site. This is considered to be harmful, with the cumulative impact of the existing outbuildings and the proposed extension would dominating the site, and significantly reducing the ability to appreciate the primacy of the listed building. The proposals are therefore contrary to the guidance provided within Principle LB03 of the Draft Heritage SPD and paragraphs 11.15 and 11.17 of the Design and Sustainability SPD.

It is appreciated that the rear extension would not cause harm to historic fabric. It is also appreciated that the contemporary design approach would clearly contrast with that of the listed building, so the distinction between the two is clearly apparent.

Page 129 However, unfortunately the design of the extension does not relate well to that of the listed building.

The expanse of flat (sedum) roof would bear no relationship to the steeply pitched roof of the house, nor to that of the outbuilding. The large windows/doors would be significantly larger than any of the openings within the listed building, and relate only to the windows/doors to the garden room. It is acknowledged that the use of timber boarding for the walls of the extension would draw from the palette of materials within the local vernacular, and relate to the dark timber of the timber frame of the listed building. However, it is considered this would fail to complement the quality of detail in the rear elevation of the listed building, with its clear and regular subdivision provided by the timber frame contrasting with the painted brickwork panels.

It is appreciated that the raised elements of the boarding are intended to reflect the proportions and rhythm of the framing, but it is considered that they would not provide a clear contrast with the rest of the elevation and consequently fail to break up the scale and mass of the proposed extension. The overall effect would be of a flat elevation with a very strong horizontal emphasis which would be at odds with the horizontal and vertical subdivision of the listed building. It is therefore considered that the proposed extension would be contrary to the guidance provided within Principle LB02 of the Draft Heritage SPD and paragraphs 11.14, 11.18, 11.19 and 11.21 of the Design and Suitability SPD.

The design of the proposals, with a flat roof is also not in accordance with the stated aims of the Old Basing and Lychpit Village Design Statement, which opposes flat roofs, and also Policy OB&L 6 of the Neighbourhood Plan.

Given the poor relationship of the scale and design of the extension in relation to the listed building, as set out above, it is considered that the proposals would impair an ability to appreciate the significance of the listed building, contrary to the guidance provided by Principle LB01 of the Draft Heritage SPD.

Further, for the reasons outlined above, the proposals are considered to cause harm to the significance of the listed building, and as such would be contrary to Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and fail to accord with the principles relating to good design, contained within the Design and Sustainability SPD and the Draft Heritage SPD.

Impact on the character and appearance of the Old Basing Conservation Area

The majority of the extension would not be visible from the roadside, but would be obscured behind the listed building. Part of the southern end of the extension would be visible from the roadside, above the existing garden fence, but due to the small amount of the extension visible from the road, this is not considered to cause harm to the character and appearance of the conservation area.

Impact on neighbouring amenities

The comments from third parties are noted, and it is recognised that they do not object on the grounds of harm to the residential amenity of neighbouring properties.

Page 130 It is not considered that the proposals would overlook or overshadow any neighbouring properties, or have an adverse impact on them, in terms of light, noise or odour pollution.

Community Infrastructure Requirements

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. From these forms, it would appear that the development would be exempt from any CIL payments given that the development would have a gross internal area of less than 100m².

Conclusion

Therefore, having regard to the requirements of Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, it is considered that the proposals would be contrary to the policies and guidance contained within the National Planning Policy Framework (July 2018), the Local Plan Policies EM10 and EM11, Neighbourhood Plan Policy OB&L 6, the Council's Supplementary Planning Documents and the relevant Historic England Advice. It is therefore recommended that planning permission be refused.

Informatives:

1. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

 proactively offering a pre-application service (in accordance with paragraphs 39 – 46);  seeking further information following receipt of the application;

In this instance:

 the applicant was updated of any issues after the initial site visit;  the applicant was provided with pre-application advice;

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

Page 131 Location plan

Site block plan

Page 132 Existing Elevations

East

West

South

Page 133 Existing ground floor plan

Page 134 Proposed elevations

East

West

South

Page 135 Proposed ground floor plan

Page 136 Cttee: 6 March Item No. 6 2019

Application no: 18/03201/LBC For Details and Plans Click Here

Site Address 29 Milkingpen Lane Old Basing RG24 7DE Proposal Demolition of rear porch, erection of single storey rear extension. Internal works to form new bedroom/bathroom on ground floor and works to first floor bathroom.

Registered: 30 October 2018 Expiry Date: 11 March 2019 Type of Listed Building Case Officer: Daniel Ayre Application: Consent 01256 845512 Applicant: Mr & Mrs N. Ward Agent: Miss Marie Price Ward: Basing Ward Member(s): Cllr Onnalee Cubitt Cllr Sven Godesen Cllr Paul Gaskell

Parish: OLD BASING AND OS Grid Reference: 466796 153010 LYCHPIT CP

Recommendation: the application be REFUSED for the following reason:

Reason for Refusal

2 The proposed rear extension due to its unacceptable size, form and design would cause harm to the significance of the listed building, which is not outweighed by any public benefit. This harm would fall within the ‘less than substantial’ category, and would be contrary to Section 16 of the National Planning Policy Framework (2018) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

General comments

This application is brought to the Development Control Committee, at the request of Councillor Godesen, for the following reasons:

"The Parish Council feel that enough has been done to address their original reasons for objection and now wish to withdraw their objection. I appreciate that it is a substantial addition to listed building but it will be barely visible from Milkingpen Lane. These smallish listed buildings need to be preserved and brought into the C21st. On balance, I feel that the committee may feel that the benefits outweigh the disadvantages."

Planning Policy

29 Milkingpen Lane is a detached Grade II Listed building located in the Old Basing Conservation Area. As such, proposals affecting the listed building and the

Page 137 surrounding area are subject to the following legislation, national and local policies and guidance:

Statutory Legislation

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990

National Planning Policy Framework (NPPF) (July 2018)

Section 1 (Achieving sustainable development) Section 12 (Achieving well designed places) Section 16 (Conserving and enhancing the historic environment)

Basingstoke and Deane Local Plan 2011-2029

Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment)

Old Basing and Lychpit Neighbourhood Plan

Policy OB&L 6 (Protection of Historic Environment)

Supplementary Planning Documents and Guidance (SPDs and SPGs)

The Historic Environment: Listed Buildings SPG (2003) Design and Sustainability SPD (2018) Old Basing Village Design Statement (2006) Draft Heritage SPD (2018)

Other material documents:

Historic England (2015) Historic Environment Good Practice Advice in Planning 2: Managing Significance in Decision Taking in the Historic Environment Historic England (2017) Historic Environment Good Practice Advice in Planning 3: The Setting of Heritage Assets (2nd Edition)

Description of Site

29 Milkingpen Lane is a two storey, three bay timber framed cottage, with a tiled roof and painted brick infill panels. The cottage faces west, and fronts onto Milkingpen Lane. The cottage is thought to date from the first half of the 16th century, but has been altered throughout its history, with a single storey side extension added to the north gable in the 19th century. Some of the timber framing (to the southern end of the building has been removed) and replaced with brickwork and tile hanging to the southern gable.

Page 138 Proposal

Listed building consent is sought for the demolition of a single storey rear porch, and in its place the construction of a new single storey flat roofed extension measuring 11.4m wide, 9m deep at its deepest point and 3m high.

The proposals also include: - Removing the existing kitchen, subdividing the room and in its place creating a new bedroom and bathroom. - Removing the existing en-suite bathroom to the master bedroom, and creating a new, smaller en-suite bathroom - Removing an existing rear facing window on the ground floor, and converting it to a doorway

Amended plans were submitted on the 7th December 2018 in response to concerns expressed by the case officer. Those plans altered the footprint of the extension, changed the orientation of the rear elevation of the extension, removed the south western corner of the extension and clarified the elevational design.

An application for planning permission has also been submitted for the works of extension and demolition and is for consideration elsewhere in this agenda.

Consultations

Parish Council: “Old Basing and Lychpit Parish Council would like to object for this application for the following reasons: 1) It is out of keeping with the area. 2) It has a flat roof which is contrary to the Village Design Statement. 3) It will dwarf the attractive period building.”

Comments on Amended Plans - No objection.

Public Observations:

One letter of objection:

 Harm to the significance of the listed building, by virtue of the scale, mass, design and materials of construction.

Relevant Planning History

16/00071/LBC Alterations to ground floor reception room GTD 01/03/16

17/01646/RET Replacement of front door. Removal and WDN 17/11/17 relaying of original brick floor and repair of internal wall timber footings and panel walls to reception room and hallway. Minor repairs to ceiling (Retrospective)

Page 139 17/01647/LBC Replacement of front door. Removal and GTD 16/11/17 relaying of original brick floor and repair of internal wall timber footings and panel walls to reception room and hallway. Minor repairs to ceiling (Retrospective)

18/03200/HSE Erection of single storey rear extension Concurrent application for planning permission

BDB/75088 Erection of an outbuilding for use as garage GTD 10/11/11 and home study. Installation of 1 metre high vehicular access gates, 2 metres high boundary fence and relocation of existing shed

BDB/63105 Erection of a single storey rear extension and GTD 09/06/06 single bay detached garage

BDB/63104 Erection of a single storey rear extension and GTD 13/11/06 single bay detached garage

Assessment

Principle of development

The acceptability of proposals will depend upon compliance with statutory legislation, national and local planning policies and guidance, in particular:

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in exercise of its functions under the Planning Acts, the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Section 72 of the Planning (Listed Buildings and Conservation Areas Act) 1990 states that with respect to any buildings or other land within a conservation area, in the exercise of relevant functions under the Planning Acts, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

Local Plan Policy EM10 requires development proposals to:  'positively contribute to local distinctiveness',  'provide a high quality of amenity for occupants… and neighbouring properties',  'have due regard to the density, scale, layout, appearance, architectural detailing, materials and history of the surrounding area and the relationship to neighbouring buildings' and to be  'visually attractive as a result of good architecture'

Local Plan Policy EM11 requires development proposals to:  'demonstrate a thorough understanding of the significance of the heritage

Page 140 asset, how this has informed the proposed development and how the proposal would impact upon the assets significance',  'respect the historic form, setting, fabric and any other aspects which contribute to the significance of the host building',  'conserve or enhance the quality, distinctiveness and character of heritage assets by ensuring the use of appropriate materials, design and detailing.'

Policy OB&L 6 of the Neighbourhood Plan states that 'Any designated historic heritage assets in the Parish and their settings, both above and below ground, will be conserved or enhanced for their historic and architectural significance and their importance to local distinctiveness, character and sense of place. In particular, these include, but are not limited to:  Basing House  Olivers Battery'

Impact on the significance of the listed building

Under the NPPF, harm to heritage assets is divided between ‘substantial’ and ‘less than substantial’. Substantial harm to a heritage asset is a high test which is rarely met. The courts have established (as per Barnwell 2014) that less than substantial harm to a heritage asset cannot be equated to a less than substantial objection, and great weight must be given to such harm in making planning decisions. The NPPF is clear that any harm to a heritage asset should require clear and convincing justification (paragraph 194). Where such harm is identified, this harm should be weighed against the public benefits of the proposal, which include securing its optimum viable use (paragraph 196). In this case, it is not considered that the proposal would result in any public benefits.

The significance of this listed building derives from its surviving historic fabric; particularly its 16th century timber frame and jettied northern gable (now internal); its general age, as a building in which many of the elements pre-date the 18th century; and its relatively modest form and appearance, characterised by the proportions and rhythm of the timber framing with 'punched holes' as window and door apertures.

The building is not mentioned specifically in the Old Basing Conservation Area Appraisal, but an important viewpoint from the road immediately outside the house has been identified, looking south.

It is noted that the significance of a heritage asset does not derive from views of that asset, or public access to the asset. This has been established within national Historic England Advice, specifically Good Practice Advice Note 3: The Setting of Heritage Assets, states: “the contribution of setting to significance does not depend on public rights or ability to access it, significance is not dependent on numbers of people visiting it [a heritage asset]”. It follows, that where an extension to a listed building is not visible from a public viewpoint, this does not mitigate the harm which it can cause to the significance of that listed building.

The Design and Sustainability SPD includes the following sections which are of relevance to this application:

Page 141  '11.14 The design and style of the proposed extension should generally respect the design and style of the original house.'  '11.15 The basic shape of the extension should be subservient, and in proportion to the original building.'  '11.17 The bulk, massing, size and scale (width, depth and height) of an extension are critical in determining whether the development will remain in proportion to the building. Extensions which are overly large in terms of bulk, size and/or scale and are disproportionate in relation to the original house are unlikely to constitute acceptable design.'  '11.18 The shape, pitch and style of the roof will be a significant factor in achieving an appropriate design. The roof form does not necessarily have to exactly match the existing property, but should be well related to it.'  '11.19 Certain building features can be repeated on extensions in order to help integrate the new building with the existing, particularly in the case of historic buildings. Care should be taken when copying key design features, as poor quality copies are likely to detract from the original building and also undermine the design of the extension.'  '11.21 An extension must have particular regard to any regular arrangements of vertical features along a façade, for example chimneys, bay windows and half dormer windows.'

At the time of writing, the draft Heritage Supplementary Planning Document has completed public consultation and is due to be adopted by the Council in Mach. It therefore has weight in the consideration of this application. Of particular relevance to this application, are the following principles:

 Principle LB01 aims to ensure that proposals preserve the significance of listed buildings. It requires works to listed buildings not to have an 'adverse impact on the significance of the listed building and/or the ability to appreciate that significance'.  Principle LB02 relates to the design of alterations to listed buildings. It requires proposals to extend or alter a listed building to 'respond sensitively to the design of the listed building, for example in terms of the pattern of openings within it, its rhythm, massing, dimensions, scale and proportions, its horizontal or vertical emphasis' and also states that 'a design which competes with the host building, and/or which incorporates incongruous features is unlikely to be acceptable'.  Principle LB03 of that SPD aims to ensure that the extensions to listed buildings do not interrupt the hierarchy of built form of the building, individually and cumulatively. The principle states that extensions to listed buildings should generally be smaller than the areas of special interest, both in terms of height and footprint.  Principle LB04 requires that materials, finishes and construction details used in works to listed buildings should respect those of the listed building, the local vernacular, and the way in which the building performs.

The Old Basing and Lychpit Village Design Statement, includes certain recommendations for the design of extensions, in particular:

Page 142 'Any new development or extension to an existing property, residential or commercial, should blend in with the immediate surroundings in that particular part of the settlement. This should be in terms of design and form, scale and materials, and should harmonise with the original features and details of the existing properties and adjacent buildings'; 'all roofs, including conservatories, should be pitched not flat'; 'the choice of materials in residential and commercial properties is vital to maintain coherence'; and 'Existing plot ratios which provide parts of the village with its essential landscape character (mature trees, shrubs and hedges) should be maintained'.

It is considered that the proposed internal works of alteration to the listed building are acceptable. The removal of the first floor en-suite to the master bedroom and its replacement with a new, smaller en-suite would entail the removal of a modern partition wall and modern bathroom fittings. No historic fabric would be affected by the proposals. Furthermore, the pipework to serve the existing en-suite and adjacent family bathroom already exists, so the new services could be routed in such as way so that they would not require new holes to be made through existing fabric. The conversion of the existing kitchen to a bathroom and bedroom is also considered acceptable, as the creation of new partition walls would not entail the removal of valuable historic fabric and would not harm the proportions of rooms affected. Were the application considered to be acceptable in all other respects, it would be recommended that a condition should be attached to the listed building consent to show the routes of all new services visible external to the building.

The demolition of the existing external rear porch would preserve the special interest of the building. This feature dates to 2006, and does not make a positive contribution to the special interest of the listed building.

Notwithstanding the above, the rear extension proposed is considered to be harmful to the significance of the listed building. This harm which is less than substantial arises from three aspects of the design:

4. the unduly large size of the extension in relation to the existing building; 5. the form and design of the extension would not be well related to the proportions of the existing building, and 6. the bulk and scale of the extension are not broken down into smaller elements as is the case with the existing building.

When assessing the impact of proposals on a heritage asset, it is important to take a holistic approach, bearing in mind that a building is not usually experienced in isolation, rather as part of an area which includes other buildings and structures, all of which will have an ability to impact upon the way in which a building is perceived. In this case, it is also important to consider the modern garage and garden room structure which exists in the back garden. Whilst the form of this structure is different to that of the proposed extension, its elevational treatment (in terms of cladding and window/door sizes) is not unlike that of the extension presently proposed.

29 Milkingpen Lane is presently at the top of the hierarchy of built form within its plot, and immediate setting. It is apparent that it is the most important structure in its plot, due to its size, as the largest building in the plot with the biggest footprint. Within the

Page 143 wider area, it is also apparent as an important structure, sitting parallel with the road, and squarely opposite Manor Lane: it has a commanding, albeit understated, relationship with its surroundings.

The historic elements of the listed building have a footprint (gross external area) of approximately 83m². The proposed extension would have a footprint of approximately 65m², meaning that the extension would increase the footprint of the listed building by 78%. The modern garage and garden room to the rear of the plot has a footprint of 43m², which read in conjunction with the proposed extension would lead to a combined footprint of 201m². These the new elements would represent 70% of the quantum of development on site. This is considered to be harmful, with the cumulative impact of the existing outbuildings and the proposed extension dominating the site, and significantly reducing the ability to appreciate the primacy of the listed building. The proposals are therefore contrary to the guidance provided within Principle LB03 of the Draft Heritage SPD and paragraphs 11.15 and 11.17 of the Design and Sustainability SPD.

It is appreciated that the rear extension would not cause harm to historic fabric. It is also appreciated that the contemporary design approach would clearly contrast with that of the listed building, so the distinction between the two is clearly apparent. However, unfortunately the design of the extension does not relate well to that of the listed building.

The expanse of flat (sedum) roof would bear no relationship to the steeply pitched roof of the house, nor to that of the outbuilding. The large windows/doors would be significantly larger than any of the openings within the listed building, and relate only to the windows/doors to the garden room. It is acknowledged that the use of timber boarding for the walls of the extension would draw from the palette of materials within the local vernacular, and relate to the dark timber of the timber frame of the listed building. However, it is considered this would fail to complement the quality of detail in the rear elevation of the listed building, with its clear and regular subdivision provided by the timber frame contrasting with the painted brickwork panels.

It is appreciated that the raised elements of the boarding are intended to reflect the proportions and rhythm of the framing, but it is considered that they would not provide a clear contrast with the rest of the elevation and consequently fail to break up the scale and mass of the proposed extension. The overall effect would be of a flat elevation with a very strong horizontal emphasis which would be at odds with the horizontal and vertical subdivision of the listed building. It is therefore considered that the proposed extension would be contrary to the guidance provided within Principle LB02 of the Draft Heritage SPD and paragraphs 11.14, 11.18, 11.19 and 11.21 of the Design and Suitability SPD.

The design of the proposals, with a flat roof is also not in accordance with the stated aims of the Old Basing and Lychpit Village Design Statement, which opposes flat roofs, and also Policy OB&L 6 of the Neighbourhood Plan.

Given the poor relationship of the scale and design of the extension in relation to the listed building, as set out above, it is considered that the proposals would impair an

Page 144 ability to appreciate the significance of the listed building, contrary to the guidance provided by Principle LB01 of the Draft Heritage SPD.

Further, for the reasons outlined above, the proposals are considered to cause harm to the significance of the listed building, and as such would be contrary to Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and fail to accord with the principles relating to good design, contained within the Design and Sustainability SPD and the Draft Heritage SPD.

Conclusion

Therefore, having regard to the requirements of Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, it is considered that the proposals would be contrary to the policies and guidance contained within the National Planning Policy Framework (July 2018), the Local Plan Policies EM10 and EM11, Neighbourhood Plan Policy OB&L 6, the Council's Supplementary Planning Documents and the relevant Historic England Advice. It is therefore recommended that listed building consent be refused.

Informative(s):-

1 In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

 proactively offering a pre-application service (in accordance with paragraphs 39 – 46);  seeking further information following receipt of the application;

In this instance:

 the applicant was updated of any issues after the initial site visit;  the applicant was provided with pre-application advice;

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

Page 145 Location plan

Site block plan

Page 146 Existing Elevations

East

West

South

Page 147 Existing ground floor plan

Page 148 Existing first floor plan

Page 149

Proposed elevations East

West

South

Page 150 Proposed ground floor plan

Page 151 Proposed first floor plan

Page 152 Cttee: 6 March Item No. 7 2019

Application no: 18/03288/HSE For Details and Plans Click Here

Site Address 41 Newtown Tadley RG26 4BP Proposal Erection of single storey front/side extension

Registered: 9 November 2018 Expiry Date: 8 March 2019 Type of Householder Case Officer: Ruth Triebsch Application: Permission 01256 845311 Applicant: Miss M Stacey Agent: Mr Steven Cottrell Ward: Tadley Central Ward Member(s): Cllr Jonathan Richards

Parish: TADLEY CP OS Grid Reference: 459356 162184

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

Reasons for Approval

1. The development is of an appropriate design and relates in a sympathetic manner to the street scene and character of the surrounding area and as such complies with the National Planning Policy Framework (2018) Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document 2018.

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

General Comments

The application is brought to the Development Control Committee at the request of Councillor J Richards for the following reason:

‘The proposed extension is located well in front of the building line and as such would be over-bearing and detrimental to the street scene.’

Planning Policy

The site is located within the Tadley Settlement Policy Boundary.

National Planning Policy Framework (NPPF) (July 2018)

Section 12 (Achieving well-designed places)

Page 153

Basingstoke and Deane Local Plan 2011-2029

Policy CN9 (Transport) Policy EM10 (Delivering High Quality Development)

Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance

Design and Sustainability Supplementary Planning Document - July 2018 Residential Parking Standards Supplementary Planning Document - July 2018 Planning Obligations for Infrastructure Supplementary Planning Document – March 2018

Description of Site

The property is a detached two storey dwelling of brick and tile construction located on a residential road. There is an open plan frontage containing a gravel driveway for parking.

Proposal

The proposal is for the erection of a single storey front and side extension which would extend alongside the side of the property. The extension would measure 6.89m in length with 3.052m extending beyond the front wall of the original dwellinghouse and would measure 4.82m in width narrowing to 3.5m as it goes alongside the house. The dual pitched roof would be a maximum of 4m in height to the ridge with an eaves height of 2.4m.

The proposed materials are to match the existing dwellinghouse. A white roller door would be inserted into the front (east) elevation of the extension and a single door would be inserted into the rear elevation. The extension would be for a store (front section) and utility room.

Amendments

Amended Plans were submitted on the 6th December 2018 reducing the size of the extension by 1m from the front elevation.

Further amended plans were submitted on the 10th January 2019 reducing the size of the extension by a further 1.95m from the front elevation and moving the roller door to the front (east) elevation.

Consultations

Cllr Richards - 'The proposed extension is located well in front of the building line and as such would be over-bearing and detrimental to the street scene. It should be noted that Newtown is a pleasant residential street in Tadley with all properties being set well back from the road itself. The proposed extension would destroy this appearance as it would extend almost to the road.

Page 154 I also note that a planning application for this property, 41, Newtown, Tadley (planning application 18/01186/HSE) was submitted earlier this year for a garage, to be located similarly as the currently proposed store. That earlier planning application was refused. With these points in mind, I trust that the current application (18/03288/HSE) be similarly refused.'

No comments received to amended plans.

Tadley Parish Council – Initial Comments - ‘Object. The extension is out of keeping with the existing street scene and comes forward of the building line. If this is approved, it will set a precedent for the future. The application mirrors a previous application for a garage that was withdrawn.’

In response to amended plans - 'Object. The extension is out of keeping with the existing street scene and comes forward of the building line. If this is approved, it will set a precedent for the future. The application mirrors a previous application for a garage that was withdrawn.'

In response to second set of amended plans - 'Object. The extension is out of keeping with the existing street scene and comes forward of the building line. If this is approved, it will set a precedent for the future. The application mirrors a previous application for a garage that was withdrawn.'

Public Observations

One letter of objection to the first set of amended plans:

• Adverse effect of the street scene • Overdevelopment of the site • Questioning development need as property is newly built

Relevant Planning History

15/04468/FUL Demolition of existing bungalow and Granted 12/05/16 outbuildings. Erection of 2 no. detached dwellings, with associated parking, turning, landscaping, private amenity space, and the creation of a new vehicular access point

18/01186/HSE Erection of a single storey garage/store Withdrawn 19/06/18

Assessment

Principle of Development

Policy EM10 states that proposals will be required to respect the local environment, contribute to the streetscene, be visually attractive and provide adequate vehicular parking and cycle storage. Policy EM10 also requires developments to provide high

Page 155 levels of amenity for proposed occupants and neighbouring occupiers regarding privacy, amenity space and natural light.

It is considered that the principle of the proposed development meets the criteria set out within Policy EM10 of the Local Plan and is therefore acceptable subject to other material planning considerations being considered. These will be set out within the below assessment.

The previous withdrawn garage/store was a detached structure at 90° to the road.

Impact on the character of the area/design

The area is characterised by detached residential dwellings that vary in appearance and size. The proposed front extension would be visible from the street scene however, given that the property is set back from the highway the proposed extension would be 9.3m from the highway at its closest point. The amended extension would only extend 3.052m in front of existing dwelling, and would be in line with the neighbours front projection. It is therefore considered that the extension would not appear incongruous within the street scene.

Concerns have been raised by the neighbour to the south at number 39 that the proposal would result in overdevelopment of the site. The proposed development would be a modest extension to the existing property and as such, it is considered to be a subservient addition that would not dominate with the character of the host dwelling nor overdevelop the plot with adequate space remaining. The proposed materials would match the existing dwelling and is considered acceptable in terms of design.

Concerns have been raised by the Ward Councillor, Parish Council and a neighbour regarding the extension being too close to the highway in relation to neighbouring properties. This has been considered and the amended plans provide for a distance of 9.3m between the highway and the extension at the closest point. This is comparable to other properties on the road and it is therefore considered that the proposal does not cause enough harm to the building line that could warrant refusal of the application in terms of impact to the street scene. Most notably, the extension would not project any further forward than no. 39 in the street scene. This addresses the concerns raised to the previous application for a detached garage situated forward of the host dwelling under 18/01186/HSE. The proposal accords with Policy EM10 of the Local Plan.

Impact on neighbouring amenities

The front extension is set 0.7m away from boundary to the neighbouring property of 39 Newtown. However given the minimal depth and location of the development and the fact that the roof pitches away from the shared boundary, it is considered there would be minimal harmful impacts in terms of loss of lights or overshadowing. Furthermore, due to the single storey nature of the development, it is considered that the extension would not lead to any overbearing impacts upon the neighbouring property or any resultant overlooking. It is therefore considered that the proposal would not result in any detrimental or adverse impacts upon the neighbouring

Page 156 amenities and is considered acceptable in this respect. The proposal accords with Policy EM10 of the Local Plan with regard to impacts on amenity.

Parking

There would be no increase in bedrooms and the extension is not on land currently used for parking and there would be no impact on parking requirements. The proposal therefore accords with Policies CN9 and EM10 of the Local Plan.

Other Issues

Concerns have been raised by the neighbour at number 39 to the south of the development site as to the need for further development to the property considering that the property has only recently been constructed. Each application is considered on an individual basis and therefore although the properties are a fairly recent addition to the street, this would not be a valid reason to consider refusing the application.

Planning Obligations

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. From these forms, it would appear that the development would be exempt from any CIL payments given that the development would have a gross internal area of less than 100m2.

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan and Proposed Floor Plan - Drawing No. AB_01 Revision C Proposed Elevations and Roof Plan - Drawing No. AB_02 Revision C

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture those on the approved plans and application forms. REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Page 157 Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

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

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

 seeking amendments to the proposed development following receipt of the application;  considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 54-57).

In this instance:

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

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

Page 158 Location plan

Page 159 Block Plan

Page 160 Proposed Elevations

Page 161 Cttee: 6 March Item No. 8 2019

Application no: 18/03718/HSE For Details and Plans Click Here

Site Address 6 Churchlands Bramley Tadley Hampshire Proposal Erection of a one and half storey rear extension with associated internal and external alterations

Registered: 8 January 2019 Expiry Date: 15 March 2019 Type of Householder Case Officer: Bethan Wallington Application: Permission 01256 845361 Applicant: Mr B Field Agent: Mr Andrew Klemz Ward: Bramley And Ward Member(s): Cllr Venetia Rowland Sherfield Cllr Nicholas Robinson

Parish: BRAMLEY CP OS Grid Reference: 464782 159037

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

Reasons for Approval

1. By virtue of the plot size and design and siting of the proposed development to the rear of the existing property, the proposal would have no adverse harm on the character of area, particularly on The Street where the development would be visible, and is acceptable in design terms. The proposal therefore complies with the National Planning Policy Framework (July 2018) and Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

2. The proposed development would provide adequate parking provision in accordance with highway requirements, and as such would accord with the National Planning Policy Framework (2018), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document.

3. The proposal would not result in any detrimental or harmful impacts to the amenities of adjoining neighbours. The proposal would therefore accord with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4. The proposal would preserve the character of the Bramley Conservation Area and as such the proposal would comply with the National Planning Policy Framework (July 2018) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

Page 162 5. The proposal would not result in adverse harm to the nearby protected trees. The proposal would therefore accord with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

General Comments

The application is brought to the Development Control Committee at the request of Councillor Venetia Rowland for the following reasons:

“I would like to raise an objection on the application which has been submitted for 18/03718/HSE and the erection of a one and half storey rear extension with associated internal and external alterations at 6 Churchlands Bramley RG26 5DU.

I am concerned with the windows that have been put in the roof as skylights or roof lights. These seem to be to be positioned in such a way to overlook the neighbouring property and directly in to the living area at the back of the neighbouring property - I believe this is not inline with Policy EM10 2b

The design of this large extension doesn't seem to fit in my opinion with EM10 1c and EM10 2c and e of the local plan and potentially BSA2/D1 of the Bramley Neighbourhood Plan as it doesn't positively contribute to the appearance of the street scene in this small close of very similarly designed houses given this is a conservation area.

Given this is a small close of only 6 houses and its position within a conservation area and the mature trees within the landscape at the front of the property but also the trees to the rear of the property in a neighbours garden I feel that Policy BSA4/D1 of the Bramley Local Plan could also be cited.

The position of the extension to the rear neighbouring property and the proximity of the overhanging trees would potentially necessitate the hard pruning of the trees to allow any garden space in the applicants rear garden. I have a concern that these trees whilst not on the property could be pruned harshly which could then render them to be compromised severely. Therefore Bramley Neighbourhood Plan Policy RE3 could be cited as concerns have been raised on a previously refused application about the status of trees within and neighbouring this plot and whether they have TPOs in place but importantly they contribute to the distinctiveness of the Churchlands total area. I therefore feel that with this proposed development EM1 could be applied.

I have concerns with the recent granted permission for the removal of 5 of the 9 trees (T/00313/18/TPO and T/00349/18/TCA). I also would like the Tree Officer to clarify the position on elements of the Tree Survey in Section 6 "It is not clear as to which trees the TPO protects" and aligned with this I would like to see a more detailed plan if this was to be approved as to the replacement tree planting in Section 7.

Whilst this is a separate application - I am concerned that coupled with the t recently refused 18/03184/HSE application significantly over develops the site and doesn't fit within local or neighbourhood policies.

Page 163

If this application was proposed for approval I would therefore like to call this into DC committee.'

Further objections were then received which are as follows:

‘I am concerned about the impact on the trees at the rear of the property and the potential overlooking in to the neighbours property which currently enjoys a degree of privacy.

I note that the Tree officer originally recommended refusal but now has requested a number of conditions be applied if minded for recommendation for approval. I have concerns that these conditions could be overlooked and not implemented or damage is sustained by the trees which could significantly impact their viability.

I therefore object to this application.”

Planning Policy

The site is located in the Bramley Settlement Policy Boundary and Bramley Conservation Area and is to the south of Middle Farmhouse which is a Grade II listed building.

National Planning Policy Framework (NPPF) (July 2018)

Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 9 (Promoting sustainable transport) Section 12 (Achieving well-designed places) Section 14 (Meeting the challenge of climate change, flooding and coastal change) Section 15 (Conserving and enhancing the natural environment) Section 16 (Conserving and enhancing the historic environment)

Basingstoke and Deane Local Plan 2011-2029

Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM7 (Managing Flood Risk) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment)

Bramley Neighbourhood Plan 2011-2029

Policy D1 (Protecting, complementing and enhancing the historic character and rural setting of Bramley) Policy D2 (Design of new development) BSA4 (To protect and enhance the historic character and rural setting of the village and its natural environment and to minimize the environmental impact of new development)

Page 164 RE1 (Reducing flood risk) RE3 (Protection and enhancement of the natural environment)

Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance

Planning Obligations for Infrastructure SPD (March 2018) Design and Sustainability Supplementary Planning Document 2018 Parking Supplementary Planning Document 2018

Other material planning documents

Section 66 of the Planning (Listed Buildings and Conservation Areas Act) 1990 Section 72 of the Planning (Listed Buildings and Conservation Areas Act) 1990 The Community Infrastructure Levy (Amendment) Regulations 2015 Bramley Conservation Area Character Appraisal Bramley Design Statement

Description of Site

The application site comprises of a two storey detached property located within a residential cul-de-sac. The site features an attached double garage to the western side of the property with an area of hardstanding forming additional off-street vehicular parking for a minimum of four cars. There are existing trees to the front and eastern side of the dwelling which are protected by a Tree Preservation Order.

Proposal

The proposal is to extend to the rear of the property on the north eastern side. The extension would extend 6.7m in width, 7.5m in depth and 7m in height. The roof form would consist of heightened eaves to the east elevation and a catslide with 3 rooflights on the west side. The materials would match those on the existing dwelling. The extension would provide for a sitting room area with partial mezzanine floor around the two sides of the extension.

Consultations

Cllr Rowland: In addition to the above call-in comments:

‘I am concerned about the impact on the trees at the rear of the property and the potential overlooking in to the neighbours property which currently enjoys a degree of privacy.

I note that the Tree officer originally recommended refusal but now has requested a number of conditions be applied if minded for recommendation for approval. I have concerns that these conditions could be overlooked and not implemented or damage is sustained by the trees which could significantly impact their viability.

I therefore object to this application.”

Page 165

Bramley Parish Council: 'I can confirm that Bramley Parish Council has now met to consider the above application. Whilst the Council has no objection in principle to the application, the following points were made:

 Care should be taken to ensure that the skylights do not overlook the neighbouring property  The property is within a conservation area. Therefore, blinds should be fitted to the skylights to prevent light pollution  The strip of windows at the top of the front elevation is not in keeping with the conservation area.'

Conservation: No objection subject to condition

Trees: Objection to the harm on the willow tree - requested that details need to be submitted as part of the application oppose to conditioning to identify harm.

Final Comments: No objections subject to conditions following receipt of additional arboricultural information

Public Observations

Two objections (from the same property):

 Direct overlooking from the proposed rooflights into neighbours garden and living area windows  Concern regarding the number of tree removal applications at this site which is located in a conservation area  The close proximity of this proposal to mature trees along the northern boundary could lead to over-management of and/or damage to existing trees  Section 6 of the Tree Survey states it is not clear as to which trees the TPO protects - clarity is required on this  Has a soil survey been conducted to validate the proposed use of screw piling as Section 8.3 of the Tree Survey relates to shrinkable soils and the ground below our properties is predominantly clay  Unclear what new tree planting is proposed  Whilst the application will be considered in isolation, it is made as part of a wider plan to develop the site and the concern being the proposed development is not in keeping with the scale and context of the existing or neighbour properties and cumulatively would be an overdevelopment of the site

Relevant Planning History

18/03184/HSE Erection of a part first floor and part one Refused, 11/01/19 and a half storey side extension Appeal Pending

Page 166

Assessment

Planning History

An application for the erection of a part first floor and part one and a half storey side extension was refused at planning committee on the 11th January 2019. This is currently subject to an appeal and is pending a decision from the Planning Inspectorate.

Principle of development

Policy CN9 sets out that development should provide appropriate on-site parking and should not result in inappropriate traffic generation or compromise highway safety.

Policy EM1 states that development will be permitted only where it can be demonstrated that the proposals are sympathetic to the character and visual quality of the area concerned and must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected.

Policy EM4 establishes that proposals will only be permitted where significant harm to biodiversity can be avoided or adequately mitigated unless there is a demonstrated overriding public need.

Policy EM7 establishes that development will only be acceptable within area of flood risk from any source of flooding if it is clearly demonstrated that it is appropriate at that location.

Policy EM10 states that proposals will be required to respect the local environment, contribute to the streetscene, be visually attractive and provide adequate vehicular parking and cycle storage. The policy also requires developments to provide high levels of amenity for proposed occupants and neighbouring occupiers regarding privacy, amenity space and natural light.

Policy EM11 establishes that proposals must conserve or enhance the quality of the borough's heritage assets, which includes Conservation Areas. EM11 states that proposals will be permitted where they demonstrate an understanding of the character and setting of Conservation Areas and respect historic interest and local character and ensure the use of appropriate materials, design and detailing.

Bramley Neighbourhood Plan Policies D1 and D2 state that new development should enhance local distinctiveness, to achieve sustainable development, and to ensure that new buildings are integrated with their setting both functionally and aesthetically.

It is considered that the principle of the proposed development meets the criteria set out within the above policies of the Local Plan and Neighbourhood Plan and is therefore acceptable subject to other material planning considerations being considered, as considered further below.

Page 167 Impact on the character of the area/ design

The immediate area comprises of a residential road with six large modern detached dwellings arranged in a cul-de-sac style. The dwellings are sizeable and set within substantial plots generally set back some distance from the highway, with garages to the side (either attached or detached).

The development is to the rear of the property and as such there would be no impact to the character and appearance of the street scene of Churchlands. The development would be visible from The Street where the east side of the extension would be visible. With this being said, the development is in keeping with the residential nature of the property and would have no harmful impacts on the character of the area given there are large detached properties evident in the immediate vicinity.

It is recognised that the footprint of the one and a half storey rear extension is large, however the plot is sizable and can comfortably fit an extension of this size without resulting in overdevelopment of the site. The extension would be set down from the main ridgeline and as such would be a subservient addition to the dwelling.

The materials for the development would match that on the host dwelling which is considered appropriate. As such, the development is considered acceptable in regards to design and character of the area and in accordance with Policy EM10 of the Local Plan and the Bramley Neighbourhood Plan.

Impact on designated heritage asset

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on Local Planning Authorities to have special regard to the desirability of preserving a listed building, or its setting, or any features of special architectural or historic interest it possesses. The site is 50 metres south west of Middle Farmhouse, a Grade II listed building. Whilst much of the vegetation had been reduced around the boundaries, given the residential nature of the extension to the rear and distance, it is considered the development would result in less that substantial harm to the setting of the listed building.

The application site is situated within the Bramley Conservation Area. Local Authorities are required by Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas when considering development proposals that affect the setting or views into it. This is reflected locally within Policy EM11 which has regard to the importance of natural features and spaces that contribute to the character and appearance of the Conservation Area.

Councillor Rowland has raised concerns stating that the development does not positively contributing to the street of similarly designed houses within the Bramley Conservation Area. The development is to the rear of the property, however it is recognised that it would be visible from the side from The Street given that the site

Page 168 formerly had mature vegetation which has been reduced. It should be noted that the boundary fencing is presently prominent when viewed from The Street.

The Conservation Officer was consulted on the application and noted that the close of 6 houses which makes up Churchlands does not make a positive contribution to the character and appearance of the conservation area, but views of these houses are limited by the remaining large trees which are dispersed around the development.

In the light of the above, the Conservation Officer concluded that it is not considered that the proposed development would cause further harm to the character and appearance of this part of the Bramley Conservation Area. The Conservation Officer recommended that a condition is attached to any planning permission granted, to ensure that the extension is constructed using materials and finishes to match the existing building in all respects.

As such, it is considered that within this location, the proposals would be of a size and design in keeping with the residential nature of the property and would preserve the character and appearance of the wider conservation area in accordance with the requirements of Sections 72 of the Town and Country (Listed Buildings and Conservation Areas) Act 1990, Policy EM11 of the Local Plan and the NPPF.

Impact on neighbouring amenities

By virtue of distance, design and siting, the development would not cause any adverse harm to the amenities of the neighbours to the north, east and south of the site.

The proposed development is located approximately 18m away from the shared boundary with 5 Churchlands. This is considered to be an acceptable distance as to not cause any harmful impacts with regards to loss of light or overshadowing to the private amenity areas or habitable rooms of 5 Churchlands. It is acknowledged that the development would be visible from the garden area of this property and their single storey extension (which forms part of their kitchen/dining/living area) however the distance is such that there would be no overbearing impacts to the occupants of No. 5.

The neighbour has raised concerns that the rooflights in the roofslope of the extension on the west side would overlook into their rear garden and living areas. The rooflights has been evidenced in a sectional drawing (drawing no. 1816 . 23 B) to sit 1.7m above the finished floor level of the mezzanine area which is considered an adequate distance above the floor level to not cause any harm in regards to overlooking or loss of privacy. The rooflights would also be on the opposite side to the mezzanine therefore there would be no ability to stand directly in front of the rooflights, but instead a person would be set back some 4m away from the lowest part of the openings. Furthermore, the rooflights are some 18m from the shared boundary with No. 5 and some 30m from their ground floor living area. For these reasons, it is not considered reasonable to refuse the development on grounds alone of overlooking or loss of privacy.

Page 169 Overall, it is considered that the proposal would not result in any detrimental or adverse impacts upon the neighbouring amenities is sufficient to warrant refusal and is considered acceptable in this respect.

Parking

The extension would not provide an additional bedroom to the property, remaining as a four bedroom property, located within an outer urban area, therefore four parking spaces should be provided on site as per the Parking SPD. The proposal would include a triple garage which is underproviding on depth and width however there is adequate space for the turning and parking for at least four other vehicles on the drive. As such, the development would accord with Policies EM10 and CN9 of the Local Plan.

Impact on Trees

A tree survey has been prepared in accordance with British Standard 5837: 2012 to support the development proposal. This has identified the crown and root constraints associated with the existing trees and has been used to inform the layout and design of the proposed development.

Concerns were raised from Councillor Rowland and the neighbours in regards to trees. There is a willow tree (T13) in close proximity to the extension and some other trees to the rear and side, some of which are subject to a Tree Preservation Order and all of which are protected due to their location within a Conservation Area. However, information submitted to support this application demonstrates that these trees can be successfully retained. A number of recommendations have been made in the tree report, including a suspended slab construction and temporary fencing around trees to ensure they are not damaged during or after development work. Details of this are included in the tree survey and a condition will be imposed to ensure the works are built in accordance with these recommendations.

Some trees are also to be removed, however the landowner has already notified the council about the removal of these trees, as required under section 211 of the Town and Country Planning Act and there are no objections from the Tree Officer in this regard.

With regards to a soil survey, this has not been carried out. However, given the categorisation of the subject tree has been reduced to a category C tree, the Tree Officer considered that it is acceptable and reasonable for foundation details to be submitted under condition.

In addition to the above, the Tree Officer has suggested additional tree planting and a tree works specification, which will address concerns raised from the neighbours. Given the sensitivity of the site, it is considered these conditions are reasonable and necessary to recommend approval. As such, with these conditions in place, the development would be in accordance with Policy EM1 of the Local Plan.

For the reasons given above it is also considered that the development would accord with Policies BSA4, D1 and RE3 of the Bramley Neighbourhood Plan.

Page 170

Biodiversity

It is recognised that the structure of the property looks in good condition, which was evident from a site visit. The Biodiversity Officer noted that due to the good condition of the roof, no loose fitting tiles or that no holes in the soffits appeared present, a bat survey is not considered necessary. The Biodiversity Officer did request an informative that if bats are found then works should cease immediately which is considered appropriate in this instance.

Impact on Water Environment

The site lies within the 'locally' defined Basingstoke Upstream Critical Drainage Area (UCDA) as defined on the Local Plan Policies Map. The site is also within Flood Zone 1 (in having a low probability of fluvial flooding).

Policy EM7 of the Local Plan sets out the Council's approach to considering flood risk. The application is for an extension to the rear of the property which would result in the increase in built form. It is not considered that the scale of the extension or the overall demand placed upon the drainage system would trigger the need for a FRA and given its small scale is unlikely to overload the capacity of the existing drainage system.

Community Infrastructure Requirements

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. From these forms, it would appear that the development would be exempt from any CIL payments given that the development would have a gross internal area of less than 100m2.

Other matters

Councillor Rowland and the neighbour at No. 5 have raised concerns that the application is part of a wider redevelopment project for the dwelling. Given the previous application was refused, this does not form a material planning consideration and the application is considered on its own merits. It is however worth noting that the site is capable of being extended whilst also remaining in keeping and consistent with the properties in the immediate area.

The neighbour raised concerns on which trees are protected and the neighbour has been advised that these can be viewed on our website.

Conditions

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

Location and Block Plans - 1816.19A Proposed Ground Floor Plan - 1816. 20 B

Page 171 Proposed First Floor Plan - 1816. 21 B Proposed Roof Plan - 1816. 22 B Proposed Elevations - 1816. 23 B Proposed Elevations - 1816. 24 B Site Plan - 1816. 26 B Proposed Ground Plan and Root Protection Zones - 1816. 30 A Proposed GRD Floor - 1816 50C

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

2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building. REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029. In order to preserve the character and appearance of this part of the Bramley Conservation Area in accordance with Policy EM11 of Basingstoke and Deane Local Plan 2011-2029 and Policies D1 and D2 of the Bramley Neighbourhood Plan 2011-2019.

4 Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural report prepared by Sapling Arboriculture Ltd referenced J1126.06. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (July 2018) and Policy EM1 of the adopted Basingstoke and Deane Borough Local Plan 2011- 2029 and Policy RE3 of the Bramley Neighbourhood Plan 2011-2019.

5 No development above slab level shall continue on site until a Tree Planting Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include the position, species and size of all new trees proposed for the development. Details of young tree maintenance including watering, weeding, stake removal, formative pruning and failed tree replacement shall also be required as part of the plan. No development shall take place other than in complete accordance with the Tree Planting Plan. REASON: To ensure that reasonable measures are taken to establish trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (July 2018) and Policy EM1 of the adopted Basingstoke and Deane Borough Local Plan 2011- 2029 and Policy RE3 of the Bramley Neighbourhood Plan 2011-2019.

Page 172 6 No development above slab level shall continue on site until a Tree Works Specification has been submitted to and approved in writing by the Local Planning Authority. The specification shall be prepared in accordance British Standard BS3998:2010 Tree Work-Recommendations. No development shall take place other than in complete accordance with the Tree Works Specification. REASON: To ensure that reasonable measures are taken to establish trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (July 2018) and Policy EM1 of the adopted Basingstoke and Deane Borough Local Plan 2011- 2029 and Policy RE3 of the Bramley Neighbourhood Plan 2011-2019.

Informative(s):-

1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.

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

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

2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-

 proactively offering a pre-application advice (in accordance with paragraphs 39 - 46)  seeking further information following receipt of the application  considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 54-57)

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 the applicant was updated of any issues after the initial site visit  was provided with pre-application advice

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

3. Should any bats be located during the removal of the roof of the existing single storey extension then works should cease immediately and advice be sought from a suitably qualified bat licensed ecologist.

Page 174 Location plan

Site Plan

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Proposed Ground Floor

Proposed First Floor

Page 176 Elevations

Front (South)

Rear (North)

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Side (West)

Section

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Making of a new Tree Preservation Order BDB/660A Land at Carlton and Campana House, Harts Lane, Burghclere

Report to Development Control Committee Ward(s): Burghclere, Highclere and St Mary Bourne Ward Key Decision: No Appendix 1: Tree preservation order plan Appendix 2: Tree preservation order schedule Appendix 3: Resident objection letter Appendix 4: Agent objection letter

Papers relied on: None

Foreword

1 This report

Is intended to:

1.1 Summarise the background behind the making of Tree Preservation Order BDB/660A and set out the council’s reasons and basis upon which it is considered that the order should be confirmed (made permanent).

2 Recommendation

It is recommended that:

 Tree Preservation order BDB/660A be confirmed.

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3 Corporate objectives and priorities

3.1 This report relates to the Council Plan priorities of protecting our environment and creating of neighbourhoods where people feel safe and want to live.

Glossary of terms

Term Definition Provisional tree This type of tree preservation order takes immediate effect but preservation order only lasts for six months after which it is no longer enforceable (TPO) until confirmed.

Main considerations

4 Background

4.1 In March 2018 the council received an outline planning application (18/00778/OUT) for the erection of 2 no. detached dwellings with detached garages to the rear of Carlton and Campana House, also known as Ingledene. The planning application is currently awaiting determination.

4.2 The tree officer had concerns about the impact the development would have on trees on the site. In May 2018 an area type provisional TPO was made to prevent any tree felling until the planning application could be considered. The area type TPO protected all the trees currently growing in the rear gardens, regardless of their age or size.

4.3 In response to concerns about the blanket approach that had been used to protect the trees, a new TPO was made in October 2018. A woodland type TPO was made to cover only the woodland portion of the rear gardens.

4.4 Again, objections were received from both landowners and as such, the TPO is being brought to the Development Control Committee to decide whether to make it permanent.

5 Summary of objections

5.1 An objection was received from Ingledene, summarised as follows:

 The order was made without any consultation or an assessment of the trees within the area.

 The order prevents routine maintenance to the trees.

 A site visit had not been carried out and the procedure had not followed appropriate government guidance.

5.2 Due to the immediate nature of a TPO, the council does not consult with residents before they are made. However, a provisional TPO allows for a period of consultation with affected residents after they are made, which has Page 180

2 of 7 resulted in the TPO being brought before the Development Control Committee to decide whether to make it permanent. An assessment of the trees can be found below.

5.3 The order will not prevent routine maintenance to the trees. There are established processes should it become evident that the trees require pruning or removal in the future. The option of pruning or maintaining the trees would need to be approved via the necessary tree work application process, but the council would not object to reasonable care for any tree. Ongoing management, such as coppicing hazel, can also be agreed without the requirement to make repeated applications to the council.

5.4 Although the tree officer who made the order no longer works for this authority, it is likely that he would have made an assessment of the trees, at least from the roadside, if not from within the properties. Nevertheless, the Senior Tree Officer subsequently visited both gardens in February 2019.

5.5 A letter of objection was also received from an environmental planning and forestry consultant, on behalf of the landowners. The objections raised in the letter are summarised as follows:

 The use of a woodland type TPO is inappropriate and has been used to protect what the council describes as “individual trees of landscape and ecological importance”

 The Forestry Commission does not recognise woodland as being within gardens.

 There is no clear guidance as to the precise extent of the boundary of the TPO.

 The TPO has been applied to trees that were already subject to the area TPO and have therefore failed to follow the correct procedures when making the TPO.

 The tree officer did not allow the landowner time to respond between making the area TPO and the woodland TPO.

5.6 Government guidance does suggest that it is unlikely to be appropriate to use the woodland classification in gardens. However, in this instance, development of the existing properties has historically encroached into a much larger woodland (Breach Copse). The woodland TPO has been reserved to the ends of the gardens which have a woodland character to them. There is no marked difference between these areas and the wider woodland, other than a small fence to separate them. As such, it is considered appropriate in this instance to use a woodland type classification. Similar woodland type TPOs have been used effectively to protect other areas of the same woodland in nearby developments at Sandham Gardens and Stembridge Close.

5.7 It is noted that the wording on the first schedule of the TPO does refer to “individual trees of landscape and ecological importance”; however, the use of

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3 of 7 the woodland type TPO classification clearly shows the importance the council places on the trees as a collective group.

5.8 The Forestry Commission exemption on woodlands in gardens relate to part 2 section 9(2) of the Forestry Act 1967, rather than the Town and Country (Tree Preservation) Regulations 2012. As such, this part of the objection is not considered to be relevant in this instance.

5.9 The boundary of the TPO is clearly shown on the TPO plan at appendix 1. During a site visit, the Senior Tree Officer and one of the landowners were quickly able to agree on the extent of the TPO.

5.10 As discussed above, the first TPO was made in May 2018. All orders are provisional when they are first made, and must be confirmed within 6 months, otherwise they automatically lapse. The second TPO was made within this period. Had it been made afterwards, the trees would effectively be unprotected. This is the correct procedure in such circumstances.

5.11 The council allowed 6 weeks for the consultation after making the first TPO. As an objection was received, we allowed a further 14 days to respond to the proposed changes; however, no response was received within this time. These timeframes comply with all relevant legislation and are considered reasonable.

6 Assessment

6.1 The trees subject to the TPO are the edge trees of a much larger woodland, known as Breach Copse, measuring approximately 3 hectares. The trees are located to the northern end of the rear gardens of both properties.

6.2 Species include oak, beech, yew, birch, holly and hazel. There is spreading cherry laurel present; however, this would be exempt from protection and indeed it would be in the interest of the woodland to remove this altogether.

6.3 An independent tree survey was carried out to support the planning application. One dead tree was noted and some of the other trees have deadwood within the canopies which should be removed. Otherwise, the trees were found to be in ‘fair’ or ‘good’ condition.

6.4 The Tree Officer made a site visit to visually assess the woodland which is a prominent landscape and amenity in this location and the local area. Any loss of edge trees would erode the woodland block and would have an adverse impact on the character and quality of Burghclere.

6.5 A number of indicator species have been noted within Breach Copse, suggesting that it may qualify as ancient woodland. Such woodland is a finite resource that once lost, cannot be recreated. It is afforded a high level of protection under the National Planning Policy Framework. Whilst the woodland is not included in Natural England’s Inventory of Ancient woodland, the inventory is not comprehensive and, whilst inclusion in the inventory provides useful confirmation of a woodland’s status, omission does not mean that the woodland is not ancient.

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4 of 7 6.6 The planning application is a separate matter, yet to be determined. However, there remains concern that should development proceed as currently proposed, there would be a likely reduction in tree cover as future occupiers sought to maintain light and clear areas around their properties.

7 Other matters

7.1 In the event that this Tree Preservation Order is confirmed, the owner of the tree (or any other party) would still have the usual right of appeal to the Planning Inspectorate against any refused applications to prune or remove trees.

8 Options Analysis

8.1 The officer recommendation is to confirm the Tree Preservation Order as per the plan at appendix 1 and as detailed within the schedule at appendix 2. However, the committee may also choose to only protect individual trees (or groups) or not to confirm the order, in which case some or all of the trees may be removed.

9 Corporate Implications

9.1 Legal Implications

By confirming the order the trees would continue to be subject to The Town and Country Planning (Tree Preservation) (England) Regulations 2012 requiring that no person shall cut down, top, lop, uproot, wilfully damage or wilfully destroy any tree to which an order relates, or shall cause or permit the carrying out of any of the activities, except with the written consent of the authority and, where such consent is given subject to conditions, in accordance with those conditions.

9.2 Financial Implications

None

9.3 Risk management

By not confirming the order, an applicant/occupants/owners would be entitled to remove the trees.

9.4 Equalities implications

None

9.5 Consultation and communication

The tree preservation order has been subject to the statutory requirements for consultation. Further detail may be found at section 5 of this report

9.6 HR implications

None

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10 Conclusion

10.1 The removal of any of the trees within the woodland area identified on the TPO would have a detrimental impact in the landscape, and they are of reasonable and sufficient amenity value to be deserving of continued protected status. Therefore the Tree Officer recommends to the Development Control Committee that this TPO is confirmed.

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Lead officer Tom Payne, Head of Environmental Services Frank Wright Report author [email protected] 01256 845 404 Version Final Dated 14 February 2019 Status Open It is considered that information contained within this report (and

Confidentiality appendices) do not contain exempt information under the meaning of Schedule 12A of the Local Government Act 1972, as amended, and therefore can be made public.

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