Cttee: 20 May 2020 Item No. 1
Application no: 19/01977/FUL For Details and Plans Click Here
Site Address Land Adjacent To Nately Towers Scures Hill Nately Scures RG27 9JS Proposal Erection of 1 no. 5 bed dwelling with double garage and creation of a new access
Registered: 22 July 2019 Expiry Date: 10 January 2020 Type of Full Planning Case Officer: Phillip Richards Application: Application 01256 845314 Applicant: Mr & Mrs Agent: Mr Jonathan Jarman Livingstone Ward: Basing Ward Member(s): Cllr Onnalee Cubitt Cllr Sven Godesen Cllr Paul Gaskell
Parish: NEWNHAM CP OS Grid Reference: 470431 153200
Recommendation: the application be APPROVED subject to the conditions listed at the end of this report.
Reasons for Approval
1. The proposal would result in the erection of a single dwelling where no locally agreed need has been identified contrary to Policies SS1 and SS6 (e) of the Basingstoke and Deane Local Plan 2011-2029. However the dwelling would not be in an isolated location and the Local Plan Policies with regards to housing are considered to be out of date as a result of the current lack of a 5 year housing land supply. The benefits identified whilst modest, would outweigh the conflict found with the currently out of date Policy SS6 (e) whereby no demonstrated harm would be presented by the development that would outweigh the benefits when assessed against the National Planning Policy Framework (NPPF) (2019) as a whole.
2. 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 (February 2019), Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Section 11 of the Design and Sustainability Supplementary Planning Document (July 2018).
3. The proposed development, with conditions, 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 and Sections 10 and 11 of the Design and Sustainability Supplementary Planning Document (July 2018).
4. The development would provide a safe and suitable access and would not cause an adverse impact on highway safety and adequate parking would be secured to serve the proposed development and as such the proposal would comply with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
5. The proposal would conserve the biodiversity value and nature conservation interests of the site and as such the proposal would comply with the National Planning Policy Framework (February 2019) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
General Comments
The application is brought before the Development Control Committee in line with the Council’s Scheme of Delegation due to the number of objections received and the Officer’s recommendation for approval.
Planning Policy
The application site lies outside any defined Settlement Policy Boundary.
National Planning Policy Framework (NPPF) (February 2019)
Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 5 (Delivering a sufficient supply of homes) Section 9 (Promoting sustainable transport) Section 11 (Making effective use of land) 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)
Basingstoke and Deane Local Plan 2011-2029
Policy SD1 (Presumption on Favour of Sustainable Development) Policy SS1 (Scale and Distribution of New Housing) Policy SS6 (New Housing in the Countryside) Policy CN1 (Affordable Housing) Policy CN3 (Housing Mix for Market Housing) Policy CN6 (Infrastructure) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM3 (Thames Basin Heaths Special Protection Area) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM9 (Sustainable Water Use) 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) Planning Obligations for Infrastructure Supplementary Planning Document (2018) Housing Supplementary Planning Document (2018) Landscape, Biodiversity and Trees Supplementary Planning Document (2018) Parking Standards Supplementary Planning Document (2018) Heritage Supplementary Planning Document (2019) The Council’s Policy SS6 (e) Guidance Note “New Homes in the Countryside to Meet a Locally Agreed Need” Thames Basin Heath Special Protection Area Guidance
Description of Site
The application site is accessed via the A30, a classified road within the small, dispersed settlement of Nately Scures. To the north of the site is an area of woodland, a number of mature and semi-mature trees are also found within the site itself. The A30 lies to the south, with a mature hedgerow screening the site from the highway.
Proposal
This application seeks permission for the erection of a five bedroomed two and a half storey detached dwelling with attached double garage. The proposals also seeks permission for the associated access and landscaping. The materials of the proposal are stated as Michelmersh Multi Handmade Brick at ground floor level, timber cladding at first floor with Michelmersh Vintage Handmade Clay roof tiles.
The proposed dwelling with attached garage would measure 15.1 metres in width, 16.6 metres in depth and 8.7 metres height.
An amended block plan was submitted on the 3rd January 2020 and additional information in the form of an updated Ecology report was submitted on 3rd February 2020.
Consultations
Newnham Parish Council: Object
"Principle of development
Though this site is in the Open Countryside, the Parish Council recognises that BDBC does not presently have the five-year land supply required for Housing Polices to be up-to date. As such, and as for previous applications in similar circumstances, the Parish Council presents its agreed Parish Planning Statement for consideration.
Landscape Policy
Policy EM1 states that 'development proposals must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected'. It will be very easy for increased housing density and loss of trees to erode the rural character of Scures Hill. Should the Case Officer be minded to approve this application, the Parish Council requests that trees on the site boundaries to be protected, boundary hedging enhanced, and a beneficial planting / landscaping programme agreed - with a meaningful net gain in biodiversity. It is noted that the BDBC Tree Policy aims include 'maintaining and improving the tree cover for the future' and 'promoting the importance of trees and woodlands in shaping the distinctive local character'.
Climate change emergency
With reference to the Council's recent declaration of a climate emergency and target of making the borough a zero-carbon area by 2030, the Parish Council requests that any new development in Newnham Parish seeks to comply insofar as possible with this target and ambition.
Impact on neighbours
Should this application be approved, the Parish Council requests that all reasonable measures be taken to minimise the impact on neighbouring properties, and that neighbours' concerns be considered and addressed. We also request that parking at the site during the build be considered. Parking on the grass verges to either the East or West, or at the bus stop, makes visibility very difficult for neighbours entering oncoming traffic at 70mph.
Unrestricted dual carriageway
The applicant's Transport Statement - from 2016 - suggests that: 'It is likely that public transport and active modes of travel, such as walking and cycling, would form key modes of travel for prospective residents associated with the proposed development... The footways on the A30 London Road appear well-lit... It is also considered that the local highway network in the vicinity of the site would provide a safe and convenient environment for confident and skilled cyclists...'
The Parish Council considers that this is unrealistic - when faced with the reality of an unrestricted dual carriageway (with no lighting in the vicinity). We believe that traffic speeds on Scures Hill have to be reduced before it can be considered a safe environment for cyclists, pedestrians, family housing or new access points onto the road."
Landscape Officer: - Additional information and amendments.
Tree Officer: - No objection, subjection to conditions.
Waste Officer: - No Objection.
Biodiversity Officer: - Initial Comments: Further information required.
Final Comments: No objection, subjection to condition.
Environmental Health Officer: - No objection, subjection to conditions.
HCC Highways Officer: - No objection, subjection to conditions.
Public Observations
Three letters of objection have been received and are summarised as follows:
Development considered before under application BDB/57647 which was refused and dismissed at appeal. The application site is not garden land. Applicants are not locally connected and the application would fail Policy SS6. Further ribbon development along the A30 would change the character and feel of the village. New dwelling a substantial size for the plot. Overlooking would occur to the east. New access unsuitable and would be inappropriate in terms of highway safety. Volume and speed of traffic should be restricted along the A30 before any new access is approved. Vehicle movements are underestimated within the Transport Statement and parking provision is unsuitable. Area unsuitable for walking and cycling as an alternative means of transport due to unlit paths, traffic speed and poor quality of footpaths. Would like reassurance the existing water table would not be affected.
Relevant Planning History
16/03850/FUL Erection of 1 no. 5 bed dwelling with Refused 11.05.2017 double garage and creation of a new access Appeal 28.02.2018 Dismissed
BDB/57647 Erection of a detached house and Refused 24.03.2004 creation of new access Appeal 01.02.2005 Dismissed
Assessment
Planning History
There is planning history on the site with a previous application for a detached dwelling submitted under application 16/03850/FUL, which was refused for the following reason:
“The application has failed to demonstrate that it meets the criteria to be considered as an exception to the general policy of restraint of housing in the countryside and therefore is contrary to policies SS1 and SS6 (e) of the Basingstoke and Deane Local Plan 2011-2029. There is no justification, including within Development Plan Policy, or any other material considerations that establishes the principle of development, or is considered to be of sufficient weight for bringing development forward on this site. The proposal is not considered to represent a sustainable development and is contrary to Policy SD1 of the Basingstoke and Deane Local Plan 2011 - 2029 and the National Planning Policy Framework.”
A subsequent appeal was also dismissed.
Since the refusal of the application the Council's 5 year housing land supply position has changed. This means that policies relating to housing delivery in the Borough's adopted Local Plan and made Neighbourhood Plans are currently considered to be out of date, as such the policy context of the current application is materially different than the previous refusal. This will be discussed in greater detail below.
Principle of development
Planning law requires that applications for planning permission must have regard to Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that proposals be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this case the development plan for the area is the Basingstoke and Deane Local Plan 2011-2029. At a national level, the National Planning Policy Framework (NPPF) constitutes guidance which the Local Planning Authority (LPA) must have regard to. The NPPF does not change the statutory status of the development plan as the starting point for decision making, but is a material consideration in any subsequent determination.
- Local Plan
The site is located outside any Settlement Policy Boundary (SPB) and is within part of the borough which is designated as countryside as per Policy SS1 (Scale and distribution of new housing) of the Local Plan.
Policy SS1 sets out a spatial strategy for the Local Authority to meet its full housing need over the Plan period. The strategy is principally based upon the development of allocated greenfield sites and the redevelopment of land in the towns and villages. Development in the countryside is generally restricted. The site is located outside of any Settlement Policy Boundary (SPB). It is therefore within the part of the borough which is designated as countryside as per Policy SS1 (Scale and distribution of new housing).
The Local Plan is explicit in its aims as stated in paragraph 4.70: 'The aim of the Local Plan is to direct development to within the identified Settlement Policy Boundaries and specific site allocations. Within the countryside it is the intention to maintain the existing open nature of the borough's countryside, prevent the coalescence of settlements and resist the encroachment of development into rural areas. The countryside is therefore subject to a more restrictive policy'.
Of particular relevance to this application is Policy SS6 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.
The two criteria relating to this proposal, and addressed by the applicant in the submission, are criteria (a) and (e).
In order to consider whether criterion (a) is relevant, it is necessary to consider whether the land is previously developed land. The NPPF glossary defines previously developed land as the following:
"Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or has been occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill, where provision for restoration has been made through development management procedures; land in built-up areas such as residential gardens, parks, recreation grounds and allotments; and land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape."
The application site forms a parcel of undeveloped land situated within the countryside. The site is not considered to constitute previously developed land and as such, the principle of development is not established through Policy SS6(a).
The proposal, therefore, must be assessed against criterion (e) of Policy SS6, which states that: e) Small scale (four dwellings or fewer) residential proposals of a scale and type that meet a locally agreed need provided that: ix) It is well related to the existing settlement and would not result in an isolated form of development; and x) The development will respect the qualities of the local landscape and be sympathetic to its character and visual quality; and xi) The development will respect and relate to the character, form and appearance of surrounding development, and respect the amenities of the residents of neighbouring properties.
The tests in criteria Policy SS6 e) are in two parts. The first part e) sets out the overall limits of the exception whilst the second part (criteria ix - xi) then sets out detailed criteria for proposals that are within that exception. Therefore, a proposal that can satisfy the first part of criterion e) will fall within the exception as a matter of principle, but the specific details then need to be considered in terms of the criteria of the second part of the policy. A proposal which does not satisfy the exception will not be policy compliant even if it might otherwise comply with the detailed criteria ix - xi.
In terms of the first part e), the application is for one dwelling and therefore meets the test relating to scale (four dwellings or fewer). Proposals must also be of a scale and type that meets a locally agreed need. Applicants will be required to provide evidence to objectively demonstrate that their proposal meets a specific and clearly- identified unmet housing need in the local area in terms of number, size type and tenure. Therefore proposals should be supported by a comprehensive assessment of requirements in the local area.
The LPA has published guidance to assist in addressing locally agreed need. This advises that an applicant should demonstrate that their proposal meets a specific and clearly identified unmet need in the local area in terms of number, size, type, and tenure, and refers to the need being with the Parish, village, or settlement.
The application has been supported by a Rural Housing Study carried out in 2010 and a Newnham Parish Council Planning Statement which according to the applicant demonstrates that there is a need for new dwellings in the rural area and in Newnham.
Notwithstanding this, in a recent appeal decision (Planning Application Ref: 16/00097/OUT; Appeal Ref: APP/H1705/W/18/3201213) the Inspector concluded that similar submitted documentation (albeit in relation to a different Parish) identified amongst other things, a shortfall in market housing as opposed to specific locally agreed need. (This documentation related to a 2016 Housing Needs Assessment carried out by Pamber Parish Council and identified a parish-wide need rather than a specific need at and immediately around the site).
It should be noted that the above document used to support this application pre- dates the adoption of the Basingstoke and Deane Local Plan 2011-2029 on 26th May 2016, albeit the Rural Housing Study was used to support the examination of that Local Plan.
Nonetheless these documents were used as contextual documents and in no specific way do they demonstrate locally agreed need within the Parish of Newnham. As for the Newnham Parish Planning Statement, which identifies the requirement for 10 new houses within the next 10 years, this also pre-dates the Local Plan and is not based on any survey data or evidence based. It is simply an aspiration of the Parish to support sustainable development.
The reference and reliance of the Newnham Parish Planning Statement cannot therefore be used to demonstrate locally agreed need and does not provide the necessary evidence required by Policy SS6(e) or the supported documents outlined in the accompanying Guidance Note.
On the basis that the application has not provided evidence of a specific or clearly- identified unmet housing need in the local area in terms of number, size type and tenure, the application is considered to fail the second test of Policy SS6 (e) and the principle of development is not established. The application would therefore conflict with the development plan, and the proposal would not accord with the Council's housing strategy as set out in Policy SS1. o Housing Land Supply
The NPPF requires Local Planning Authorities to identify a five year supply of specific deliverable sites to meet housing needs. In addition, and in line with the Housing Delivery Test published in February 2020, a 5% buffer should be added to the borough's supply. At the current time the council is unable to demonstrate that it has 5 years' worth of deliverable sites. This means that policies relating to housing delivery in the Borough's adopted Local Plan and made Neighbourhood Plans are currently considered to be out of date. Planning applications will therefore be considered in line with paragraph 11 of the NPPF which states that where relevant policies are considered out of date permission will be granted unless the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed, or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. o National Planning Policy
In accepting the conflict with the Local Plan, the NPPF constitutes guidance which the Local Planning Authority (LPA) must have regard to. Under the NPPF there is a need to consider whether the development is sustainable and to consider the social, environmental and economic impacts of the development. In considering new housing in rural areas Paragraph 78 advises that:
"To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby.
Paragraph 79 goes on to say that Local Planning Authorities should avoid the development of isolated homes in the countryside unless there are special circumstances. These instances include, essential rural workers dwellings, securing the optimal viable use of a heritage asset, re-use of redundant or disused building which would enhance its immediate setting, subdivision of an existing dwelling or would have a design that is of exceptional quality. In this instance, the proposals would not fall within any of these categories.
The NPPF does not provide a definition of what constitutes 'isolated' development. In considering whether or not the current application site is isolated in light of the NPPF, reference has been given to the recent Braintree case which is set out below in greater detail. In light of the interpretation of Para 78 and in particular the ordinary definition afforded to the word 'isolated' provided by the court, it is not considered that the proposed development in this instance would result in isolated new home in the countryside.
The Braintree DC v SSCLG [2018] Civ 610 ('the Braintree case') is a material consideration in the assessment of this application given the sites location outside of a defined Settlement Policy Boundary. The Court of Appeal upheld the High Court's decision which concluded that that the word isolated should be given its ordinary meaning as 'far away from other places, buildings and people; remote'. Lindblom LJ's held that in the context of paragraph 55 (now para 78) of the NPPF 'isolated' simply connotes a dwelling that is physically separate or remote from a settlement. Whether, in a particular case, a group of dwellings constitutes a settlement, or a 'village', for the purposes of the policy will again be a matter of fact and planning judgment for the decision-maker. The Court rejected the argument that the word 'isolated' could have a dual meaning, being physically isolated or functionally isolated (isolated from services and facilities).
In applying this guidance to this current case, the proposed dwelling would not be physically remote or 'isolated'. The site, whilst falling outside a Settlement Policy Boundary (SPB), is situated in close proximity to other residential properties. The application site lies within a ribbon of residential development along the northern boundary of the A30 and there is a similar linear pattern of development along the southern side of the A30. The built form is continuous for a stretch of approximately 500 metres in this area of Nately Scures with occasional gaps for scrub land. It would not be reasonable to describe the site as isolated in a physical sense.
There is a bus service operating along the A30 which provides access to Basingstoke, Hook, Odiham, Fleet and Farnborough. The service runs approximately once hourly from Monday to Saturday. It would therefore be practical to use the bus to access shops and facilities including regular journeys for school or work. The application site is not isolated, either physically or in terms of its accessibility to services and facilities. Future occupiers of the dwellings would have the opportunity to use public transport for everyday trips.
- Sustainable Development
The NPPF requires LPA's to approach decision-taking in a positive way, to foster the delivery of sustainable development. The three objectives to achieving sustainable development are defined in the NPPF as: economic, social and environmental. These objectives are also referenced within Policy SD1 of the Local Plan, which states that 'when considering development proposals, the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the NPPF...to secure development that improves economic, social and environmental conditions in the area.'
Paragraph 11 of the NPPF states that decisions should apply a presumption in favour of sustainable development. The three objectives to achieving sustainable development are defined in the NPPF as: economic, social and environmental.
The economic role of the NPPF requires proposals to contribute to building a strong, responsive and competitive economy. The social role requires planning to support strong, vibrant and healthy communities and states that it should create a high quality built environment. The environmental role states that the natural built and historic environment should be protected and enhanced and should mitigate and adapt to climate change.
- Economic
The proposed development would encourage a degree of associated economic growth through the actual physical building works. Furthermore, the future occupants would also undoubtedly contribute to the local economy and the continued viability of local shops and services within in the wider area. However given the development refers to only a single dwelling, any economic role would be limited, and therefore is afforded limited weight.
- Social
In terms of the social role, the proposal would create a single additional dwelling at a time when the Council is unable to demonstrate a 5 year housing supply position. Whilst a single dwelling would not make a significant contribution to the Council's housing supply position, it is still a positive social contribution nonetheless. In this regard, the development is not considered to meet any identified social or affordable housing needs in the area. In this regard the development is not considered to provide any significant social benefits to the local community.
- Environmental
With regard to the environmental objective of this development, the proposals could reasonably be expected to demonstrate a degree of inherent sustainability through compliance with Council supported energy efficiency and Building Regulations standards as well as the Landscape, Biodiversity and Trees SPD 2018.
- Relevant NPPF Balance
Paragraph 11 d) of the NPPF states: where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
In this instance, the site is situated within Nately Scures and is not situated within a protected area, there is also no clear reason for refusing the proposed development as such d) ii applies.
Thames Basin Heaths Special Protection Area
Local Plan Policy EM3 requires that all new residential development which is likely to have a significant effect on the ecological integrity of the Thames Basin Heaths Special Protection Area (SPA) will be required to clearly demonstrate that any potential adverse effects are fully mitigated. Mitigation measures will be required for all developments resulting in a net residential gain within 5km of the SPA, whilst applications for large scale (50+ dwellings) within 5-7km of the SPA will be assessed individually, and, if needed, bespoke mitigation will be required in accordance with Natural England guidance.
In this instance, the proposed dwelling would be sited within the 5-7km buffer zone of the SPA. As the development however is only for a single dwelling, not falling within the 'large scale' category, no mitigation measures are required in this instance.
The development therefore accords with Policy EM3 in this regard.
Impact on the character of the area/ design
Policy EM1 states that development will be permitted only where it can be demonstrated that the proposals are sympathetic to the character and visual quality of the area concerned and must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected.
Policy EM10 states that proposals will be required to respect the local environment, contribute to the streetscene and be visually attractive. 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 NPPF states that the creation of high quality buildings is fundamental to what the planning and development process should achieve, with good design a key aspect of sustainable development. Paragraph 127 goes on to state that development should establish or maintain a strong sense of place, be sympathetic to local character and history and be visually attractive. Paragraph 130 states that permission should be refused for development of poor design which fails to take opportunities available for improving the character and quality of an area, taking into account local design standards or guidance contained with SPDs.
This is an application for the construction of a new two storey dwelling. In terms of layout the proposed dwelling would have a direct access onto the A30 and would be set back from the highway in line with the neighbouring dwelling Baredown and consistent with the dwellings to the east at The Briers. Whilst the proposed dwelling is in isolation a large dwelling, it would not sit disproportionately within the proposed development site. In particular generous front and rear gardens are proposed as well as spacing around the site. In terms of design, the proposals would have a half hipped roof, first floor timber cladding, and appropriate brick to glazing ratio. The use of eaves dormers are also considered to be acceptable features of the building. Therefore size, siting and layout of the proposed building is considered to be acceptable and would deliver high quality development in accordance with Policy EM10.
The site is currently an undeveloped area of land between two dwellings (the land to east has planning permission for a new dwelling which is under construction, Ref: 17/01808/FUL). Whilst there are a number of residential dwellings that line this part of the A30, the area retains a semi-rural environment with pockets of agricultural and horticultural land and landscaped frontages. New development should therefore seek to preserve the semi-rural character of the area, it is considered that this would be achieved.
There were previous applications in 2004 and 2016 for a new dwelling. In terms of the design and layout the current proposal does not differ from the 2016 application, however the proposal differs from the 2004 application in that the large rear two storey glazed projection has been removed. In 2004 the planning inspector assessing an appeal for a new dwelling (BDB/57647) on the same site concluded that:
'The Council do not object to the design of the proposed house which I consider to be of high quality and in keeping with nearby properties. The proposal would, however, construct an additional building in the countryside, which would be introduced into a wide gap in this sporadic development. In my opinion the reduction of the gap would intensify the built form and increase the developed appearance of the area. I conclude on this issue, therefore, that the proposal would result in the undesirable intensification of a sporadic development in the countryside. It would thus adversely affect the character and appearance of the surrounding area.'
In assessing the 2016 planning application the case officer assessed that with respect to visual amenity, the site is visible from a limited number of locations, principally along the road frontage. From here views are only glimpsed views of the land through existing landscaping. Whilst some landscaping will be removed to facilitate the new access, it is considered that the proposals would not be readily visible and would not be harmful to the visual amenities of the area. This is considered to be consistent and relevant to the currently proposed development. The Planning Inspector within the 2016 dismissed appeal did not raise impacts in relation to the character of the area as a reason for dismissal, the appeal was dismissed on being contrary to Policy SS6, which as discussed above is currently out of date.
The Landscape Officer has raised objection to the proposal and has requested amendments to the siting of the proposed dwelling to ensure that an English Oak is able to be retained. Whilst the Landscape Officer’s comments are noted it is not considered that the proposal is likely to result in any adverse landscape and visual amenity effects that cannot be adequately mitigated. Furthermore, subject to conditions as indicated below the Tree Officer has not raised an objection to the proposal.
With regards to the impact on the landscape character, the proposed additional dwelling is unlikely to change the character of the area significantly given that it is bounded on both sides by residential dwellings, which was not the case when the appeal inspector assessed the site in 2004. Furthermore in the 2016 application the proposed dwelling was not refused on the basis of landscape impacts. Additionally, the sense of enclosure can be maintained by requesting a landscaping scheme which will ensure existing landscaping is maintained as well as enhanced through new landscaping. On this basis it is considered that the proposal would not harm the local landscape and would respect the character and appearance of the area, subject to receipt of an appropriate scheme of landscaping.
Therefore, it is considered that the development would create an acceptable form of development and accord with Policies EM1 and EM10 of the Local Plan.
Residential Amenity
Policy EM10 2b) requires development to provide a high quality of amenity for occupants of developments. Design principle RA2 as set out within the Design and Sustainability SPD requires minimum garden sizes of three bedroomed or more properties to measure 60 square metres, whilst RA3 states that each dwelling must have a minimum garden depth of 10 metres.
Each habitable room of the proposed dwelling contains a window which would provide pleasant outlooks for the future occupiers. There would also appear to be ample storage space marked out within the dwelling. The development would provide a rear amenity space well in excess of the standards set out in the Design and Sustainability SPD. As such, it is considered that the proposed dwelling would provide a suitably high standard of accommodation for its future occupiers.
Impact on neighbouring amenities
Policy EM10 requires developments to provide high levels of amenity for proposed occupants and neighbouring occupiers regarding privacy, amenity space and natural light.
The proposed dwelling would lie approximately 15m to the west of Baredown Mead. Three ground floor windows are proposed within the eastern elevation and one first floor window which is annotated to be 'obscure glazed' on the proposed plans. Whilst concerns have been raised by neighbouring properties regarding the impact on the dwelling to the east, the distance between the new dwellings and coupled with the proposed obscure glazing of the first floor window in the eastern elevation would mitigate any adverse impact on neighbour amenity in terms of overbearing, overshadowing and overlooking.
The 2004 application was refused for the adverse impacts of the proposed dwelling upon the neighbouring amenity, the case officer at the time stated:
“The proposed east elevation would contain first floor windows to Bedroom 2 and Bedroom 3 which would have a direct view into windows on the west elevation of the adjoining Baredown Mead, which would be within 16 metres of the proposed dwelling. In addition these windows would offer views into the areas of the adjoining garden closest to Baredown Mead where the occupiers might reasonably expect a greater degree of privacy. It is therefore considered that the proposed dwelling would adversely impact on the privacy of the adjoining property.”
However the currently proposed dwelling, as discussed above would have one side facing window which would be obscurely glazed. As such it is considered the previous reason for refusal has been overcome.
With regards to Nately Towers and the dwelling currently under construction (approved under application 17/01808/FUL), the proposed dwelling would be situated approximately 80 metres and 60 metres respectively from these properties. Furthermore, due to the orientation of Nately Towers any views towards this neighbouring property would be of the front elevation and not the more private rear amenity area. It is therefore considered the proposed dwelling would not give rise to adverse overlooking or a loss of privacy.
First floor rear facing windows would be introduced within the proposed dwelling. These first floor windows would look towards the far end of the rear garden of Baredown and access track of the new property currently under construction, however, any views would be oblique and would not look towards the more private immediate amenity space of the neighbouring property.
The proposed dwelling would result in a new situation generating domestic noise associated with the occupation of a dwellinghouse however such additional noise levels are not considered to be significant and would not amount to any harm to the reasonable enjoyment of the existing residential properties. Policy EM12 states that development will only be permitted provided that it does not result in pollution which is detrimental to quality of life, or poses unacceptable risks to health or the natural environment unless adequate mitigation measures are proposed. The Environmental Health Officer has been consulted on the application and this has been addressed below.
Therefore, subject to the conditions noted above, the development would accord with Policy EM10 in this regard.
Highways, Parking, Waste and Recycling
Policy CN9 sets out that development should integrate into existing movement networks, provide safe, suitable and convenient access for all users; provide appropriate parking and servicing provision; and should not result in inappropriate traffic generation or compromise highway safety. Policy EM10 requires developments to provide appropriate parking provision (including bicycle storage), in terms of amount, design, layout and location, in accordance with the adopted parking standards.
The proposed access would create a new access on to the A30. To the west and east of the site are existing accesses serving Nately Towers and Baredown. The Highway Officer does not raise objection to the application as the proposal is considered to demonstrate that the proposed new means of access/egress would offer motorists leaving the site with suitable visibility sightlines over HCC Highways owned land. However to ensure this, the Highway Officer has requested that a condition be imposed to secure that the appropriate visibility splays are implemented. This condition is considered to be relevant and necessary and as such will be imposed should permission be granted.
The proposed dwelling falls within a 'rural' location and would contain five bedrooms and as such, as per the Parking SPD, there should be three parking spaces provided, each according with the relevant dimensions also as contained within the Parking SPD.
The proposed layout plan indicates that there would be at least 2no external parking spaces for the proposed dwelling as well as an integral garage although it is considered there is sufficient space for further parking within the site. The parking spaces would be able to accord with the Parking SPD in terms of the dimensions as well as the quantum, as such, no objections are raised in this regard. With regards to the garage this is below the dimensional requirements of the Parking SPD to be considered as spaces for the parking of vehicles. Nonetheless, there is sufficient external space to serve the proposed dwelling. A condition will be imposed to ensure adequate car parking remains on site for the proposed dwelling (proposed Condition 20).
Cycle and refuse storage provision is able to be accommodated within the site, although this is not demonstrated upon any of the plans submitted. Nonetheless, it is considered that there is sufficient space within the site to accommodate the required refuse and cycle storage and as such no objection is raised in this regard.
To ensure that the works at the site are carried out in a manner as to not impact upon the adjoining highway, a condition will be imposed to ensure that a Construction Method Statement is submitted prior to the commencement of development which will provide but not be limited to details of construction vehicle parking at the site.
On this basis, the development would accord with Policies CN9 and EM10 in regards to these matters.
Natural Environment o Biodiversity
The Council has a duty under the Natural Environment and Rural Communities Act 2006 to have full regard to the purpose of conserving biodiversity which extends to being mindful of the legislation that considers protected species and their habitats and to the impact of the development upon sites designated for their ecological interest. These requirements are also reflected within the NPPF (paragraph 175) and Policy EM4 of the Local Plan.
The application site of this development is listed as Lowland Mixed Deciduous Woodland a Priority Habitat on the HBIC 2018 GIS layer. From the description within the ecological appraisal the area looks to be an area of such where the main trees have been felled. Coppice stools are indicated as re-establishing along with areas of willow scrub and much of the ground flora species indicated are indicative of woodland ground flora on clay such as penduluous Sedge, wood avens, marsh thistle, enchanters nightshade etc. The area links to the lowland mixed deciduous woodland north of the site.
As such, the Biodiversity Officer has been consulted on the application and originally objected to the proposal on the grounds of insufficient information and subsequently that the scheme did not provided a 20 metre buffer from the woodlands to the north. Following the submission of additional information and a revised site plan which has provided a 20 metre buffer from the woodland, the Biodiversity Officer has raised no objection to the proposal subject to a condition that requires the proposed development to be carried out in accordance with the Ecological Appraisal submitted by AE Ecology dated January 2020. The condition is considered to be suitable and necessary and would secure adequate mitigation on the site. On this basis, the development is considered to accord with Policy EM4 of the Local Plan. o Trees
Policy EM1 of the Local Plan requires that development proposals must 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.
A tree survey has been submitted in support of the application, however as noted by the Tree Officer this is some 3 years old. As such, the Tree Officer has recommended that an Arboricultural Method Statement be submitted via condition. The Tree Officer's view is agreed with and a condition to this effect is considered to be necessary. As such, subject to conditions, the development would consequently accord with Policy EM1 in this regard.
Environmental Health
The NPPF states that the planning system should contribute to and enhance the natural and local environment by preventing development from contributing to or being put at risk from unacceptable levels of pollution. Local Plan Policy EM12 also seeks to protect health and the natural environment from polluting effects as a result of existing, historic or nearby land uses and activities.
Due to the close proximity of a licensed landfill site and other infilled pits to the application site. A site investigation will be necessary to confirm whether there is any made ground on site and a preliminary risk assessment from ground gases as well. The Environmental Health Officer has raised no objection to the proposed development subject to conditions that would require the further investigations to take place as well restrict the hours of construction and delivery. The proposed conditions are considered to be reasonable and necessary and shall be imposed. Therefore, subject to these conditions the proposal is considered to be acceptable in this regards and would accord with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
Surface Water Drainage
The neighbouring property to the west raises concerns regarding the impact on the water table that may affect their property. Surface water drainage is proposed to be directed towards a soakaway and main drains, however no details have been provided with the application. In this instance the size of the site would enable a suitable surface water drainage treatment to be achieved, which would also ensure that run off to the neighbouring properties and the highway is avoided. These details are considered to be covered within the landscape condition (Condition 4) to be imposed securing details of hardstanding materials and landscaping details.
Water efficiency
Policy EM10 of the Local Plan sets out that development should provide buildings which are able to respond to environmental change and which minimise energy consumption through sustainable approaches to design. Policy EM9 of the Local Plan sets out a requirement to ensure that water resources within new development are used sustainably through the imposition of a water efficiency standard of 110 litres or less per person per day.
No information has been submitted in regards to the proposed dwellings water use, however it is considered appropriate that this requirement be dealt with by way of condition and as such has been recommended, should permission be granted.
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 CIL liable, but would attract a £nil charge in line with the Council's Charging Schedule.
Planning Balance and Conclusion
The proposal would provide a new family dwelling within a sustainable rural community through the provision of an appropriately scaled, sited and designed dwelling. There would be no significant neighbouring impact as a result of the development and matters such as highways, parking, biodiversity, landscape and trees have all been appropriately provided for.
As is set out above, the application must also be considered in accordance with paragraph 11 of the NPPF which states that where relevant policies are considered out of date permission will be granted unless the application of policies in the Framework that protected areas or assets of particular importance provides a clear reason for refusing the development proposed, or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
Having considered the proposal with regards to paragraph 11 it has been considered that the proposed development would not affect any protected areas to provide a clear reason for refusal and as such 11 d)ii) is engaged. On this basis, it is considered that the proposal is acceptable.
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan (received 24.07.2019) Proposed Block Plan (Drawing No.GP/01/16 Rev C) Proposed Floor Plans and Elevations (Drawing No.GP/02/16 Rev C) Proposed Access Arrangement (Drawing No.2016/3094/001 Rev 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 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 dwelling hereby approved is first occupied and thereafter maintained. REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity and drainage and in accordance with Polices EM7 and 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/gates/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. 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 Development shall be undertaken in adherence with recommendations and procedures contained within Chapter 5 "Recommendations" and Appendix 6 "Ecological Constraints and Opportunities Plan" of the Revised Ecological Appraisal by AE Ecology dated January 2020. REASON: In order to provide adequate mitigation for reptiles, nesting birds protected from harm and disturbance under The Wildlife and Countryside Act 1981. Also in order to provide precautionary mitigation for badgers protected under the amended Badgers Act 1992 and to help maintain the biodiversity of the area in the long-term in accordance with the National Planning Policy Framework (February 2019; and Policy EM4 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 an Arboricultural Method Statement, prepared in accordance with the BS5837 "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 accordance with the approved method statement. 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 and Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029.
9 The development hereby approved shall not be brought into use until a plan showing visibility splays (at junction with the highway) to appropriate distances set against recorded speed data (in line with Manual for Streets or Roads and Bridges - as appropriate have been submitted to and approved in writing by the Local Planning Authority. Nothing over 0.6m in height above the level of the carriageway shall be permitted to remain within the approved visibility splay. REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
10 No development shall take place, including any works of demolition, until a Construction Method Statement, including drawings, that demonstrates safe and coordinated systems of work that eliminates foreseeable risks, or if that is not possible controls the risk through subsequent actions, 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.
As a minimum the Statement shall include for: i. means of access (temporary or permanent) to the site from the adjoining maintainable public highway, including the associated traffic management arrangements; ii. the parking and turning of vehicles of site operatives and visitors off carriageway (all to be established within one week of the commencement of development); iii. loading and unloading of plant and materials away from the maintainable public highway; iv. storage of plant and materials used in constructing the development away from the maintainable public highway; v. wheel washing facilities or an explanation why they are not necessary; vi. the 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: These details are required prior to commencement of development because of insufficient information contained within this submission 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 the National Planning Policy Framework (NPPF) (2019); and Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
11 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public 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.
12 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800, Monday to Friday, before the hours of 0800 nor after 1300, Saturdays nor on Sundays or recognised public 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.
13 The development hereby 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.
14 The proposed window at first floor level on the east elevation of the dwelling hereby permitted shall be glazed with obscured glass which achieves at least the equivalent of Pilkington obscurity level 4, and shall be permanently maintained in that condition. 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.
15 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re- enacting that Order with or without modification) no additional openings shall be inserted/made in the east elevation of the dwelling hereby approved without the prior permission of the Local Planning Authority on an application made for the purpose. REASON: To protect the amenities of neighbouring properties in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
16 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 vehicle and cycle 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.
17 No works pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority:-
(a) a desk top study carried out by a competent person documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2011;
and,
(b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice;
and,
(c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring.
If during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority.
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR11'. REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
18 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 17(c) that any remediation scheme required and approved under the provisions of condition 17(c) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). 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 17(c). REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029
19 The construction of the dwellinghouse shall not commence on site until the vehicular access has been constructed in accordance with the approved plans. REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
20 The development hereby permitted shall not be occupied, or the use commence, whichever is the sooner, until provision for the turning, loading and unloading of vehicles and the parking of 3 vehicles and 3 long and 1 short term cycles has been made within the curtilage of the premises and the areas of land so provided shall not be used for any purpose other than the turning, loading and unloading and parking of vehicles. REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
21 The development hereby permitted shall not be occupied, or the use commence, whichever is the sooner details of a scheme for the storage (prior to disposal) of refuse, crates and packing cases has been submitted to and approved in writing by the Local Planning Authority. The development shall take not commence until the approved scheme has been fully implemented and the development shall thereafter be maintained in accordance with the approved scheme. REASON: Details are required in the interests of general amenity and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policies 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 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:
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. 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.
4. The applicants is advised that the proposed access onto London Road will require a s171 to be entered into with HCC as Highway Authority, details of which can be found via the following link https://www.hants.gov.uk/transport/licencesandpermits/roadopening/section171
5. If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 845539 or email [email protected] to commence the process. Details can be found on the council's website.
Location Plan
Proposed Elevations
Proposed Ground Floor Plan
Proposed First Floor Plan
Cttee: 20 May 2020 Item No. 2
Application no: 19/03133/FUL For Details and Plans Click Here
Site Address The Green Lodge Gangbridge Lane St Mary Bourne SP11 6EF Proposal Erection of ground mounted photovoltaic installations (solar panels) to provide carbon free electricity
Registered: 27 November 2019 Expiry Date: 22 January 2020 Type of Full Planning Case Officer: Lucy Page Application: Application 01256 845311 Applicant: Mr And Mrs Nigel Agent: Anthony Carthy And Nicola Howard- Jones Ward: Burghclere, Ward Member(s): Cllr John Izett Highclere And St Cllr Graham Falconer Mary Bourne Parish: ST MARY BOURNE OS Grid Reference: 440938 151297 CP
Recommendation: the application be REFUSED for the following reasons:
Reasons for Refusal
1 The proposed development would, by virtue of its form, location and design, cause harm to the character and appearance of the St. Mary Bourne and Stoke Conservation Area, and to the significance of Little Thatch as a listed building, by virtue of its location within the setting of that listed building. This harm would be within the 'less than substantial' category, and would not be outweighed by any wider public benefit. The proposals are therefore contrary to Section 16 of the National Planning Policy Framework (February 2019) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.
2 The proposed development would, by virtue of its form, location and design, cause an unacceptable adverse landscape impact to a valued gently sloping valley in the North Wessex Downs Area of Natural Beauty. The proposals are therefore contrary to the National Planning Policy Framework (February 2019); Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and the North Wessex Downs Area of Natural Beauty Management Plan.
General Comments
This application has been brought before the Development Control Committee at the request of Councillor G Falconer for the following reason:
"... If you are minded to refuse I think this should go to DC Committee on the basis that we have declared a Climate Emergency and we are promoting a new Green Strategy and therefore a refusal might bring criticism that we are not practising what we preach..".
Planning Policy
The application site lies outside any Settlement Policy Boundary and therefore countryside policies apply. The site is also located within the St Mary Bourne and Stoke Conservation Area and the North Wessex Downs Area of Outstanding Natural Beauty (AONB).
National Planning Policy Framework (NPPF) (February 2019)
Section 4 (Decision-making) 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 EM1 (Landscape) Policy EM7 (Managing Flood Risk) Policy EM8 (Commercial Renewable/Low Carbon Energy Generation) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment)
St Mary Bourne Parish Neighbourhood Plan 2016-2029
Policy P6 (Small scale renewable energy projects)
Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance
Design and Sustainability Supplementary Planning Document (July 2018) Parking Supplementary Planning Document (July 2018) Planning Obligations for Infrastructure SPD (March 2018) Landscape, Biodiversity and Trees SPD (December 2018) Heritage SPD (March 2019) St Mary Bourne Conservation Area Appraisal (2003)
Other material documents
North Wessex Downs AONB Management Plan 2014-2019 North Wessex Downs AONB Landscape Character Assessment North Wessex Downs Position Statement on Renewable Energy The Council’s Climate Change Strategy 2014-2020 (2017 update) The Community Infrastructure Levy Regulations 2010 (as amended) Historic England: Conservation Principles (2008) Historic England: Historic Environment Good Practice Advice in Planning Note 2: Managing Significance in Decision-Taking in the Historic Environment (2015) Historic England: Historic Environment Good Practice Advice in Planning Note 3: The Setting of Heritage Assets 2nd ed. (2017) Historic England: Advice Note 1:Conservation Area Designation and Management 2nd ed. (2019) Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 St Mary Bourne Village Design Statement (2005)
Description of Site
The application site comprises of a large modern detached house situated in a large plot. The house is accessed by a gravel driveway from Gangbridge Lane. The site is located in the St Mary Bourne and Stoke Conservation Area and also within the North Wessex Downs Area of Natural Beauty (AONB). The Bourne Rivulet runs through the site south of the main building and the site is located within designated Flood Zones 2 and 3. The main house is built of a brick and tile construction. The site is identified as an 'Important Open Area' between Gangbridge Lane and the B3048 which border the site to the north and south. The site is also located in the setting of two Grade II listed buildings (Little Thatch and Myrtle Cottage) and a number of locally designated 'Notable Buildings'.
Proposal
The proposal is for the installation of 44no photovoltaic (PV) units onto two steel framework tables, supported on Spirafix ground anchors. The panels will be erected at a 25 degree angle giving the installation a maximum height of 2.1 metres. The panels will be a dark blue colour. The Spirafix anchors allow for the units to be installed with little ground disturbance and will be easily moveable should the ground below the panels needed to be accessed. The transformer required for the installation is offsite. Underground electrical cabling will connect the development to a distribution board which is to be situated within the existing pool building. There will be no additional overhead cabling. The proposed capacity of the whole installation is 15.18 kWp which will produce clean energy for The Green Lodge.
It is noted that this application is a resubmission following the refusal of application 19/02163/FUL on 16.10.2019. The previous proposal was for 56no photovoltaic (PV) units onto two steel framework tables over 92m2. The panels were to have a maximum height of 1.85 metres. The application was refused as the proposals were considered to cause an unacceptable level of harm to the St Mary Bourne and Stoke Conservation Area and the setting of Little Thatch (Grade II Listed Building). Whilst the new proposals have reduced the overall number of panels, the structures would be taller in height than the original submission.
Consultations
Highways: Standing Advice.
St Mary Bourne Parish Council: "No Objection".
Southern Water: No Objection.
Historic Environment: Objection - Harm to the Conservation Area and to the significance of Little Thatch as a listed building. Public benefit proposed would not outweigh the harm caused.
BDBC Landscape: Objection - The presence of solar panels within this subtle designated area would have an adverse impact on the landscape character and visual amenity of the area. The addition of planted screening would offer little to hide the solar panels from the surrounding landscape.
Public Observations
Two letters of objection received and summarised as follows
Suspected noise pollution from a potential humming sound from solar panels Destruction of the Conservation Area Hazardous material from the panels could destroy the fauna and flora of the Test Valley Streams. Concern of building energy production in a flood zone. Questions the renewability of solar energy. Not suitable location for optimum light harvesting
One letter of support received and summarised as follows:
Not visually detrimental to the St Mary Bourne Conservation Area due to hedge screening Positive addition to the mitigation of the current global climate change emergency.
Relevant Planning History
15/01699/HSE Erection of single storey extension to house GTD 17.07.2015 and lean-to extension to garage.
19/02163/FUL Erection of ground mounted photovoltaic REF 16.10.2019 installation (solar panels) to provide carbon free electricity
BDB/76049 Demolition of existing dwelling GTD 17.07.2012
BDB/76048 Demolition of existing dwelling and erection of GTD 13.07.2012 a replacement 6 no. bedroomed dwelling, garage and tennis court. Stopping up existing access points and creation of new access onto Gangbridge Lane, including land swap, with associated driveway and hardstanding.
Assessment
Principle of development
The property sits within the North Wessex Downs Area of Outstanding Natural Beauty (AONB) which includes within its special qualities, remoteness and tranquillity and undeveloped and rural quality. Applications for development in this protected landscape are required to conserve and enhance the natural beauty of the area.
Policy EM1 states that development will only be permitted where proposals are sympathetic to the character and visual quality of the area concerned. Proposals must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected.
Policy EM10 states that proposals will be required to respect the local environment, contribute to the street scene, be visually attractive and provide adequate vehicular parking and cycle storage. Policy EM10 also requires developments to provide high levels of amenity for proposed occupants and neighbouring occupiers regarding privacy, amenity space and natural light.
The site also lies within the St Mary Bourne and Stoke Conservation Area and is in close proximity to a number of listed buildings. Policy EM11 states that all development must conserve or enhance the quality of the borough's heritage assets in a manner appropriate to their significance.
Policy P6 of the St Mary Bourne Parish Neighbourhood Plan (2016-2029) specifically supports small scale renewable energy projects, however only when they do not result in detrimental landscape impact, unacceptable noise generation, other detrimental environmental impacts or harm to residential amenity, which cannot be successfully mitigated.
Impact on the character of the Conservation Area and the setting of the North Wessex Downs AONB
There is an evident rural character to St Mary Bourne and the application site sits within the North Wessex Downs AONB as well as being within the St Mary Bourne and Stoke Conservation Area.
Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that with respect to any buildings or land within a Conservation Area (CA), 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.
The impacts on the significance of the listed buildings and on the character and appearance of the CA are interlinked and interrelated, as the listed buildings are historic structures which contribute to the character and appearance of the St Mary Bourne Conservation Area. The applicant's Planning and Heritage Statement acknowledges that the site is within Character Area 4 of the Conservation Area: 'Area between Stoke and Swampton'. The appraisal describes this area as follows:
'The special interest of this sub-area is based on the divergence of two roads either side of the river valley, and the sporadic arrangement of small clusters of buildings here. This arrangement creates intimate short range views of the buildings along the verdant hedge-lined roads. The buildings also act as focal points for strategic long- range views across the low lying pasture. The character strongly reflects the traditional rural qualities and minimal development of this area.'
Little Thatch and Myrtle Cottage are specifically mentioned in the appraisal: 'The thatched roofslopes and part timber-framed elevations of Myrtle Cottage and Little Thatch (formerly Gangbridge Cottage) make a similar contribution to this peaceful rural setting. The long low south-eastern elevation of Little Thatch is situated at right angles onto the roadside as it bends around the building. This makes the thatched roof a very prominent focus along Conservation Area Appraisal St Mary Bourne and Stoke; 13 Little Thatch and Myrtle Cottage, Gangbridge House, Hilliers Lodge and April Cottage from Gangbridge Lane Bourne House the narrow lane, interrupting views beyond. The effect is enhanced from the south-east by the views across the gardens of Myrtle Cottage.'
On this basis, many of the comments in the section below in relation to the impact of the proposed scheme on the listed buildings are also applicable to an assessment of the impact of the proposals on the character and appearance of the St Mary Bourne Conservation Area, as the listed buildings contribute positively to the character and appearance of the CA.
The 2001 map identifies the whole area between the two roads which border the application site to the north and south as an 'Important Open Area'. On this basis, the open, undeveloped character of the majority of this space is an important characteristic which makes a positive contribution to the character and appearance of the Conservation Area as a whole. It follows that any development which erodes this open and undeveloped character of this 'Important Open Area' would have an adverse impact on the character and appearance of the CA.
It is considered that the proposed development would cause harm to the character and appearance of the St Mary Bourne and Stoke Conservation Area, due to the intrusion of the panels into an important open space. Given that there has been harm identified, the proposals must be weighed against any public benefit which would result from the proposed development. Policy P6 of the St Mary Bourne Parish Neighbourhood Plan (2016-2029) does support small scale renewable energy projects, however only when they do not result in detrimental landscape impact. Further comments from the Landscape Team also oppose the proposals raising concern that the panels would be highly visible from the both Gangbridge Lane and the B3048, especially during the winter months due to the deciduous nature of the existing vegetation. The addition of Holly bushes would offer little to hide the solar panels from the surrounding landscape. As such there would be adverse impacts on visual amenity. In addition, the presence of panels within this subtle designated landscape would harm the sensitive character it possesses.
Therefore, having due regard to the requirements of the NPPF and Section72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the proposal would be unacceptable as it would not accord with Policies EM1 and EM11 of the Basingstoke and Deane Local Plan (2011-2029) and the principles set out within the Heritage SPD (2019).
Impact on the significance of neighbouring listed buildings
Paragraph 196 of the NPPF and Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, requires Local Planning Authorities to have special regard to the desirability of preserving listed buildings, their setting or any features of special architectural or historic interest which they possess.
It is considered that the significance of any heritage asset (such as a listed building or conservation area) is influenced by views from that asset, but also by other factors, including views of the asset. In this instance, it is necessary to consider how the proposed development would impact an ability to appreciate the significance of the neighbouring listed building.
At present, Little Thatch can be appreciated as an historic thatched cottage, in a rural, tranquil setting, with limited modern interventions which might alter this perception of the building. It is a relatively modest vernacular structure, which would have originally been built in this location as a dwelling for people who worked locally, and had a strong association with the surrounding rural area.
The proposed development would alter the surroundings in which Little Thatch is experienced. Installing solar panels 2.1 metres high, arranged in two lines, potentially partially screened by hedging, would still introduce a regular, rectilinear, arrangement of reflective surfaces within the setting of the listed building. These would be incongruous with the irregular, informal character of this parcel of land. The development would harm the ability to appreciate the rural character of the area, and would erode the legibility of Little Thatch as an historic cottage as a cottage with a strong association with the surrounding landscape.
This incongruity would be exacerbated by the low hedge alongside the closest part of the boundary of the applicants land. It is acknowledged that the applicants have proposed the reinforcing of part of the existing hedging along the lane which could provide some mitigation of the visual impacts of the development, however it is not considered this would overcome the harm and in any event would take a significant amount of time to become fully established, during which time the setting of Little Thatch would have been harmed. In addition there is a gated access into the field that provides views from Little Thatch into the development site which can also be viewed from the curtilage of Myrtle Cottage, the neighbouring Grade II listed building to the east of Little Thatch.
Myrtle Cottage may also be affected by the proposed development, for the same reasons as outlined above, but to a lesser degree, given the greater distance between it and the application site. Nevertheless, the development may still cause harm to the significance of this listed building.
In the light of the above, the proposed development would result in harm to the significance of the listed buildings. This harm would not completely vitiate the significance of those heritage assets, so cannot be described to be within the 'substantial' category set out in Section 16 of the NPPF, but would nonetheless be within the 'less than substantial' category. The harm is not considered to be outweighed by significant public benefit.
Therefore, having due regard to the requirements of the NPPF and Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the proposal would be unacceptable as it would not accord with Policy EM11 of the Basingstoke and Deane Local Plan (2011-2029) and the principles set out within the Heritage SPD (2019).
Sustainability / Renewable Energy Contribution
There is a clear emphasis in the NPPF and local policies to support developments for renewable energy. The current proposal is intended to provide sustainable decentralised energy for a domestic site. Despite being small in scale, it is acknowledged that the proposed installation will provide a contribution to cutting greenhouse gas emissions, and the production of renewable energy will assist in meeting national CO² reduction targets. Whilst the Local Planning Authority is supportive of the principle of this type of development in accordance with national and local guidance and policies, proposals must be carefully balanced against all other material considerations and National Planning Policy guidance (NPPG) makes it clear that the benefits of renewable energy do not automatically override environmental and other considerations. In this instance, the production of low level sustainable energy production is not considered to outweigh the harm to the listed building, valued landscape, conservation area and the North Wessex Downs AONB.
Impact on neighbouring amenities
The proposed development is not considered to cause any further extensive impact to the use of neighbouring amenity space. Consideration has already been given to this in the assessment of the impact on the surrounding listed buildings.
Other neighbouring properties (not listed) are not considered to be affected by the proposals. It is noted that one neighbour has raised concerns that the solar panel will create a humming sound whilst in use. The applicants have supplied supporting information that have shown the level of noise to be very low and it is not considered that these noises will be noticeable from neighbouring properties. The transformer is located off site and the distribution board inside an existing pool house building within the curtilage of The Green Lodge. This is further from neighbouring properties and is not considered to have a significant impact on the amenities of neighbouring residential properties.
As the height of the panels will be 2.1 metres off the ground, the resulting structures are not considered to be overbearing or create a loss of light. There are no issues of overlooking relevant to this application.
As such it is considered that the proposal is acceptable in relation to the impact upon neighbouring amenities and accords with Policy EM10 of the Basingstoke and Deane Local Plan 2011 2029 in this regard.
Parking
There are no parking implications for the application due to the site not removing the provision of already established parking spaces or the creation of extra living space.
The development is therefore considered to accord with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2016 - 2029.
Community Infrastructure Requirements
Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. Given the nature of the proposal, the development is not subject to the Levy.
Other Matters
A number of comments were made in relation to this application.
It is acknowledged that there is a current climate change crisis which is reflected by the council's decision to recently declare a climate change emergency. The letter of support for this application praises the scheme for being positively proactive in helping tackle issues of climate change. Whilst it should be recognised that the scheme does aim to harvest clean energy, which should be encouraged, the scheme still has to be given full consideration to the impact it will have on the setting and preservation of the surrounding listed buildings, St Mary Bourne and Stoke Conservation Area and the North Wessex Downs AONB. In this case the benefits of the small scale production of cleaner energy do not outweigh the harm the proposed development will cause to the setting of the neighbouring listed buildings, the St Mary Bourne and Stoke Conservation Area and the North Wessex Downs AONB.
Concern has also been raised regarding potential noise pollution from the solar panels. The applicant has submitted further evidence that suggests any noise created would be of a lower level than expected in a library. The solar panels will be located across the road from the objectors land whereby the level of noise is not considered to be an issue.
Concern has also been raised that the development would be situated in a Flood Zone and that in the case of flooding, the solar panels may contaminate local water streams. The solar panels will be easily detachable and could be removed in the event of raised water levels. In addition, the panels are made from reinforced glass and are not prone to emitting contaminated materials.
The point raised in relation to nuclear energy production creating less toxic waste per unit of energy than nuclear power is noted. However, the submitted application is for solar energy production and must be considered on its merits
It is noted that a similar planning application was previously submitted and refused (Ref: 19/02163/FUL) and another application for ground mounted solar panels nearby in St Mary Bourne (18/01434/HSE) which was approved by the LPA. The difference between the approved application and this one is that views of the panels from the listed house were obscured due to their size, and intended position behind an existing outbuilding. Even without the screening provided by the outbuildings, the proposed panels were considered to be located a reasonable distance from the main listed building, and in a less sensitive part of the site. Overall, the proposal was not considered to have resulted in a harmful impact on the setting of the Listed Building or surrounding landscape. In any event, each application must be considered on its own merits.
Public Sewer
It is noted that Southern Water has raised no objection to the proposals with the development potentially being sited within the standoff distance of a public sewer. It is noted that the panels will be installed on land situated within Flood Zone 2. In the event of raised water levels or access being required to the public sewer, the panels can be easily detached from the spirafix stands without compromising the function of the flood plain.
Conditions
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:-
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. Location Plan
Proposed block Plan
Cttee: 20 May 2020 Item No. 3
Application no: 19/03257/RET For Details and Plans Click Here
Site Address 54 Southern Road Basingstoke Hampshire RG21 3EA Proposal Change of use of ground floor from B1 Use class -office to A1 Use Class- Hairdresser
Registered: 24 January 2020 Expiry Date: 29 May 2020 Type of Retention of Case Officer: Bethan Wallington Application: Development 01256 845361 (Section 73A) Applicant: Mr Nigel Taylor Agent: Ward: Eastrop Ward Member(s): Cllr Gavin James Cllr Ryan Hickling
Parish: OS Grid Reference: 463752 151695
Recommendation: that the application be APPROVED subject to the conditions listed at the end of this report.
Reasons for Approval
1. The development is an appropriate design, relates to surrounding development and would not result in significant impacts on the local character of the area. As such the proposal complies with the National Planning Policy Framework (February 2019), Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Design and Sustainability Supplementary Planning Document (July 2018).
2. The proposed development would preserve the character and setting of the Fairfields Conservation Area and setting of nearby listed buildings and as such complies with the National Planning Policy Framework (February 2019); Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029, and the Heritage Supplementary Planning Document (2019).
3. The proposed development would not result in an undue loss of privacy or cause undue overlooking, overshadowing, overbearing or noise and disturbance impacts to neighbouring properties and as such complies with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
General Comments
The application is brought to Development Control Committee in line with the Council’s scheme of delegation. The proposal is contrary to Policy EP2 of the Basingstoke and Deane Local Plan 2011-2029 and given the Officer's recommendation to approve the proposal represents a departure from the Development Plan, the application must be determined by the Development Control Committee.
Planning Policy
The application site is located with the Settlement Policy Boundary of Basingstoke and also lies within the Basingstoke Fairview Conservation Area. It forms part of a terrace of three and along with the terraced housing on the south side of Southern Road are notable buildings. The All Saints Church to the west of the application site is Grade II Listed.
National Planning Policy Framework (NPPF) (February 2019)
Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 6 (Building a strong, competitive economy) Section 7 (Ensuring the vitality of town centres) Section 12 (Achieving well-designed places) Section 16 (Conserving and enhancing the historic environment)
Basingstoke and Deane Local Plan 2011-2029
Policy SD1 (Sustainable Development) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EP1 (Economic Growth and Investment) Policy EP2 (Employment Land and Premises)
Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance
Design and Sustainability Supplementary Planning Document (July 2018) Parking Supplementary Planning Document (July 2018) Planning Obligations for Infrastructure SPD (March 2018) Heritage SPD (December 2018) Fairfields Conservation Area Appraisal 2004
Other material documents
Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 The Community Infrastructure Levy Regulations 2010 (as amended) The Council's Economic Needs Assessment (February 2018)
Description of Site
The application site concerns the ground floor unit on a corner building on the north side of Southern Road which forms the eastern building in a row of three. The first floor of the premises comprises a residential flat and the attached properties are also residential. To the south side of Southern Road lies terraced residential dwellings. To the north and east of the site lies a public car park which is accessed via New Road to the north.
Proposal
To change the use of the site from Class B1 (office use) to Class A1 (hairdresser use). The change of use has already been implemented.
Consultations
Historic Environment: No objections.
Public Observations
Basingstoke Heritage Society made the following comments on the application (in summary):
No objections to the change of use. No advertisement consent and as such it is advised that the applicant is made aware this consent is required due to the sites location within the Conservation Area.
Relevant Planning History
15/02572/GPDOFF Notification of proposed change of use from B1 GTD 07.09.2015 office to C3 (residential) consisting of 2 no. one bed flats
BDB/10185 Change of use from shop and residential to GTD 19.09.1980 offices
Assessment
Planning History
An application to change the use of the premises from a shop on the ground floor and residential on the first floor to both floors for use as offices was approved under planning reference BDB/10185 on 19th September 1980. An application to revert the first floor back to residential was then approved on 7th September 2015 (planning reference 15/02572/GPDOFF). The proposed application intends to revert the ground floor accommodation back to an A1 use, however the site is already being used as a hair salon as opposed to a shop.
Principle of development
Policy EP2 of the Local Plan concerns B-Use Classes within the Strategic Employment Area and other employment uses within the Settlement Policy Boundaries. The site is not located within a Strategic Employment Area therefore section 2 of Policy EP2 applies.
Section 2 of Policy EP2 states that:
"Other sites in employment use within settlement policy boundaries The change of use or redevelopment of land and buildings in employment use within the defined settlement policy boundaries will be permitted where it can be demonstrated that: d) there are not strong economic reasons why the proposed development would be unacceptable, and e) market signals indicate that the premises / site are unlikely to come back into employment use, and / or f) the site is not appropriate for the continuation of its present or any employment use due to a significant detriment to the environment or amenity of the area.
Other employment sites may be identified through the neighbourhood planning process."
With regard to criteria d) it is considered that, given that the hair salon (Class A1) use would still provide an employment use, there would not be a strong economic reason as to why the Class A1 use would be unacceptable, particularly as the site is located in close proximity to the Basingstoke Town Centre (approximately 150m).
The current proposal seeks retrospective planning permission for a change of use from Class B1 (Business) to Class A1 (hair salon) within the Basingstoke Town Settlement Policy Boundary. With regard to criteria e) of the policy above, given the retrospective nature of the scheme, the economic reasons and market signals have not been provided (and cannot be) and therefore the proposal is contrary to this criteria of the policy.
Lastly in regards to criteria f), the site would remain operating as a business use under Class A1 as a hair salon. It is considered there is no significant detriment to the environment or amenity of the area caused by the use of the hair salon in this premises.
It is therefore considered that given the type and size of the unit, the change of use of a Class B1 unit to a Class A1, in this instance, would not be of demonstrable harm as to warrant refusal of planning permission. The Class A1 use would still generate employment and is not inappropriate in its setting.
Policy EM1 states that development will be permitted only where it can be demonstrated that the proposals are sympathetic to the character and visual quality of the area concerned and must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected.
Policy EM10 states that proposals will be required to respect the local environment, contribute to the streetscene, be visually attractive and provide adequate vehicular parking and cycle storage. Policy EM10 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.
It is considered that the principle of the proposed development meets the criteria set out within Policies EP2, EM1, EM10 and EM11 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 NPPF (Chapter 12) states that creating high quality buildings and places is fundamental to achieving good planning and development. Locally, Policy EM10 requires development to be informed by the local context in terms of design and siting in order to contribute towards local distinctiveness and be visually attractive.
The proposed development has converted an existing business use into a hair salon. The site was historically used as a shop (A1 use class) therefore it is considered the use would not be detrimental to the character of the area or appear out of place. No exterior extensions or alterations are proposed. It is therefore considered the proposed development is acceptable in terms of design and impact on character of the area and in accordance with Policy EM10 of the Local Plan.
It is noted that advertisements have been erected for the new hair salon use however a separate application is required to consider these which will be added as an informative to the application to any permission granted.
Impact on designated 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 impact on the setting of listed buildings and 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. The NPPF (paragraph 196) also requires consideration of whether the proposal would have substantial or less than substantial harm to the special interests of the heritage assets in the public interest.
The application site falls within the Fairfields Conservation Area and is located within an area of notable buildings, including the application site itself. The site is also adjacent to the All Saints Church which is Grade II listed. As detailed above, no exterior extensions are proposed and as such it is considered there would be no harm to the designated heritage assets or notable buildings form the change of use of the site. Therefore having due regard to the requirements of Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the proposal would comply with the National Planning Policy Framework (2019), Policy EM11 of the Local Plan and guidance contained within the Heritage SPD (2019)
It is further noted that advertisements have been erected for the new hair salon use and that the signs impact on the heritage assets needs to be considered however a separate application is required to consider these which will be added as an informative to any permission granted.
Impact on neighbouring amenities
The proposed use of the premises as a class A1 (hair salon) near to a town centre location, within close proximity to existing shop and other beauty salons would not have a significant impact upon the amenities of the neighbouring premises. It is considered that the use of the unit as a hair salon would not have any significant impact upon the amenities of neighbouring properties in terms of noise and disturbance. It is also considered reasonable, in the interests of the amenities of the occupiers of the neighbouring properties, to impose a condition restricting the operating hours of the unit to 09:00 - 17:30 Monday - Friday and 08:30 - 17:00 on Saturdays with no hours on Sundays and recognised public holidays. As such, the development is considered to be in accordance with Policy EM10 of the Local Plan.
Parking
The development is located in a town centre where there is a public car park directly to the north of the site.
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 no increase in floorspace.
Other matters
The application was statutorily advertised in the Basingstoke Gazette on 12th March 2020 for reasons of its location in the Conservation Area and its potential impact to the setting of a Listed Building. On review of the application, it was considered the application was also a departure from the Local Plan (described within the principle of development section of this report) and as such there was a statutory requirement to re-advertise the application as a departure in addition to its Conservation Area location and its potential impact on the setting of a Listed Building. This notice in the Basingstoke Gazette is due to expire on 2nd April 2020 and as such the officers recommendation is subject to no adverse comments being submitted by the expiry of this statutory notice period.
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The premises shall not open to members of the public before 09:00 hours or remain open after 17:30 hours on Mondays to Fridays, and shall not open to members of the public before 08:30 hours or remain open after 17:00 hours on Saturdays. The premises shall not open for business on Sundays or Public Holidays. REASON: To protect the amenities of the occupiers of nearby properties and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 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:-
. considering the imposition of conditions (in accordance with paragraphs 54- 57).
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.
3. The applicant’s attention is drawn to the fact that this permission does not grant consent for the advertisements currently in place on the building. The applicant is advised to submit a separate application for Advertisement Consent to regularise the situation.
Location Plan