11Th November 2020 Item No. 1 Application No: 18/03558/OUT For

Major

Cttee: 11th November 2020 Item No. 1

Application no: 18/03558/OUT For Details and Plans Click Here

Site Address Land At Oakley Hall Oakley Basingstoke Hampshire Proposal Outline planning application for up to 33 dwellings with associated landscaping, open space, drainage and all other associated infrastructure (all matters reserved except access into the site)

Registered: 10 December 2018 Expiry Date: 27 November 2020 Type of Outline Planning Case Officer: Katherine Application: Application Fitzherbert-Green 01256 845716 Applicant: Cove Construction Agent: David Murray-Cox Ltd And Fogarty Group Ltd Ward: Oakley And North Ward Member(s): Cllr Diane Taylor Waltham Cllr Hannah Golding Cllr Stuart Frost Parish: DEANE CP OS Grid Reference: 455420 149749

Recommendation: Subject to the receipt of final comments from Natural England, that the applicant be invited to enter into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policies CN1, CN6, CN8, CN9, EM4 and EM5 of the Basingstoke and Deane Local Plan 2011- 2029) between the applicant and the Borough Councils to secure:

 Financial contribution towards off-site affordable housing  Delivery and maintenance of on-site open space to include kickabout space and accessible natural green space  Landscape specification and management plan  A Biodiversity Enhancement and Mitigation Plan  The Residential Development Management and Monitoring Plan and mitigation land to ensure nitrate neutrality.

Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons.

On completion of the legal agreement and an Appropriate Assessment and Habitats Regulation Assessment in respect of nitrate neutrality, the Planning and Development Manager be delegated to grant planning permission subject to the conditions listed at the end of this report.

REASONS FOR APPROVAL

1. In the absence of an up to date development plan, the proposed development would deliver housing which would contribute towards an overall shortfall of supply as well as providing economic, social and environmental benefits. In the planning balance, and applying a presumption in favour of development, it is not considered that the impact of the development would significantly and demonstrably outweigh the benefits when the policies of the National Planning Policy Framework (2019) as a material planning consideration are taken as a whole.

2. The proposed development would have an impact on the local landscape character and scenic quality of the area where such an impact has been considered through the allocation of the site for development within the Oakley and Deane Neighbourhood Plan 2011-2029. In addition, the location and new landscaping secured through reserved matters would successfully mitigate that impact. The proposal therefore complies with the National Planning Policy Framework (February 2019), Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029.

3. The proposed development qualifies for affordable housing with exceptional circumstances having been demonstrated to justify this requirement being secured by way of a financial contribution towards off-site provision to meet an identified need. As such the proposal would comply with the National Planning Policy Framework (February 2019); Policy CN1 of the Basingstoke and Deane Local Plan 2011-2029 and the Council's Housing Supplementary Planning Document (2019).

4. Subject to appropriately worded conditions, the proposed development would provide an appropriate mix of housing, to include housing built to accessible and adaptable standards, and as such the proposal would comply with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 2 of the Oakley and Deane Neighbourhood Plan 2011-2029.

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), Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029.

6. The development would provide safe and suitable access to the local highway network and would not cause an adverse impact on highway safety. In addition, as part of any reserved matters application, the development would provide a safe and suitable layout in highway terms and adequate parking provision in accordance with highway requirements, and as such would accord with Sections 9 and 12 of the National Planning Policy Framework (February 2019); Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).

7. Adequate drainage (foul and surface water) can be provided for the development and can be adequately controlled through planning conditions and other legislation to ensure that there would be no risk to property or the environment. The proposal accords with Policies CN6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2019).

8. 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 with amenity matters to also be addressed at a reserved matters stage. The development therefore complies with the Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2019).

9. The proposed development would result in less than substantial harm to the setting of Oakley Hall as a Grade II listed building, where this harm is outweighed by the benefits of the proposed development. As such the proposal would comply with the National Planning Policy Framework (February 2019) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

10. The development would have a likely significant effect in combination with other developments and river catchments that flow into The Solent, leading to a cumulative increase in eutrophication and a deterioration in water quality, which in turn impacts upon the conservation interests of the designated European Sites. The likely significant effect is to be mitigated to achieve a nitrate neutral development ensuring that there would be no adverse effect on the integrity of the designated sites. As such the proposal would accord with The Conservation of Habitats and Species Regulations 2017, the National Planning Policy Framework 2019 and Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) of the Basingstoke and Deane Local Plan 2011-2029.

11. The provision of a Section 106 agreement would ensure that the development provides adequate infrastructure to mitigate the impact of the development in relation to affordable housing, open space, biodiversity enhancements and nitrate mitigation and management. The development therefore complies with the National Planning Policy Framework (February 2019); Policies CN1, CN6, CN8, EM4 and EM5 of the Basingstoke and Deane Local Plan 2011-2029; Policies 9 and 10 of the Oakley and Deane Neighbourhood Plan 2011-2029; the Community Infrastructure Levy Regulations 2010 as well as the Council's adopted Supplementary Planning Documents on Housing; Landscape, Biodiversity and Trees and Planning Obligations for Infrastructure.

General Comments

The application is brought to 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

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Basingstoke and Deane Local Plan 2011-2029 and the Oakley and Deane Neighbourhood Plan 2011-2019 which locates the application site within a countryside location. The relevant sections of the NPPF and the development plan to the application are set out below.

National Planning Policy Framework (NPPF) (2019)

Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 5 (Delivering a sufficient supply of homes) Section 8 (Promoting healthy and safe communities) Section 9 (Promoting sustainable transport) Section 11 (Making effective use of land) Section 12 (Achieving well-designed places) Section 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)

National Planning Practice Guidance

Basingstoke and Deane Local Plan 2011-2029

Policy SD1 (Presumption in Favour of Sustainable Development) Policy SS1 (Scale and Distribution of New Housing) Policy SS5 (Neighbourhood Planning) Policy CN1 (Affordable Housing) Policy CN3 (Housing Mix for Market Housing) Policy CN6 (Infrastructure) Policy CN8 (Community, Leisure and Cultural Facilities) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM5 (Green Infrastructure) Policy EM6 (Water Quality) Policy EM7 (Managing Flood Risk) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution)

Oakley and Deane Neighbourhood Plan 2011-2029 (ODNP)

Policy 1 (New Housing Development Volume) Policy 2 (Mix of Dwellings) Policy 3 (Site Allocations) Policy 4 (Site Specific Requirements) Policy 6 (New Allotments) Policy 9 (Woodlands and Trees and Rights of Way in New Developments) Policy 10 (Biodiversity) Policy 13 (Village and Energy Efficient Design)

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

Design and Sustainability Supplementary Planning Document (2018) Parking Supplementary Planning Document (2018) Housing Supplementary Planning Document (2018) Landscape, Biodiversity and Trees Supplementary Planning Document (2018) Planning Obligations for Infrastructure Supplementary Planning Document (March 2018) Heritage Supplementary Planning Document (2019) Oakley and Deane Village Design Statement (2004)

Other material documents

The Community Infrastructure Levy Regulations 2010 (as amended) Town and Country Planning (Environmental Impact Assessment) Regulations 2017 Green Infrastructure Strategy (2018) Natural Environment and Rural Communities (NERC) Act 2006 Wildlife and Countryside Act 1981 (as amended) Conservation (Natural Habitats, &c.) Species Regulations 2010 (as amended) Planning (Listed Buildings and Conservation Areas.) Act 1990.

Description of Site

The application site consists of a broadly rectangular plot of land extending across approximately 12.5ha located to the west of the Oakley Hall Estate. The Estate is positioned to the west of Oakley and the south east of Deane in a detached position from the villages and upon land which generally slopes from south to north. The separation of the site by the immediate countryside provides a location characterised by a remote feel despite its proximity to Oakley, Deane and Basingstoke. Access is taken to the Oakley Hall Estate from the B3400 which extends east to west to the north of the site.

Oakley Hall Estate itself extends across 128 ha and comprises a mix of historic parkland and arable land and contains Oakley Hall as the principle building which is Grade II listed. The premises currently operate as a hotel with the principle building set in proximity to a former stable block and courtyard with the grounds also containing other curtilage structures including Grade II listed walls to the Kitchen Garden.

The land subject of the proposed development is positioned to the west of the estate and to the west of Oak Lodge Care Home and is presently in agricultural use (arable) with the boundaries demarcated by hedgerow. The site is currently accessed via an internal estate road serving Oak Lodge Care Home or by an agricultural track that extends south from the main estate driveway. A public right of way runs to the south of the site and provides direct access to Oakley village. The site therefore has a number of public vantage points giving open views of large arable fields intermingled with copses of mature trees that provide an agricultural as well as rural landscape character.

Proposal

The application seeks outline planning permission for the erection of up to 33 dwellings on agricultural land to the west of Oak Lodge Nursing Home together with associated landscaping, open space, drainage and associated infrastructure. The only matters for consideration comprise the principle of development and the means of access. All other matters relating to layout, appearance, scale and landscaping are reserved for future consideration.

The proposed development would be accessed via a single multi-vehicle access point as an extension to the existing access to Oakley Hall from Andover Road. This access would follow the alignment of the existing agricultural track across the agricultural land.

Supporting information

The application as submitted was accompanied by drawings to illustrate the site location, an illustrative layout, a parameter plan and the site access as well as the following documents: - Biodiversity Checklist - Arboricultural Impact Assessment - Ecological Impact Assessment - Flood Risk Assessment and Foul Water Drainage Strategy - Planning Statement - Design and Access Statement - Landscape and Visual Impact Assessment - Statement of Community Engagement - Transport Statement - Heritage Statement - Archaeological Assessment.

Amendments

Additional information has been received to the application on the 3rd, 27th March, 3rd, 23rd April and the 2nd July 2019 to address consultee comments and to meet the requirements of Policy CN1 (Affordable Housing). Further information has also been submitted on the 5th February, 10th March, 18th May and the 1st September 2020 to demonstrate that the proposal could adequately mitigate any significant effect upon the nature conservation interests of designated European Sites, comprising the Solent and Southampton Water Special Protection Area (SPA) and Ramsar, Solent Maritime Special Area of Conservation (SAC) and Solent and Dorset Coast SPA.

Consultations

Councillor Taylor – ‘This application, for up to 33 dwellings, is in accordance with the Oakley & Deane Neighbourhood Plan, which specifies this site for development on this scale (albeit for 3 fewer homes).

As the access is sufficient, the off-site provision acceptable and the principle of development established, I have no objection to this application’.

Oakley and Deane Parish Council – ‘The Planning Committee of the Oakley and Deane Parish Council has met and the above application was discussed. The members do not object to the application in principle, but have comments: - Road safety: members request that warning signs be erected along the B3400 warning of the likelihood of pedestrians in the road. - Bus stop: the existing bus stop hard standing needs to be enlarged and positioned further back from the road. - Width of access road: members felt that the width of the proposed road, being 9ft, was not sufficient for the large vehicles that would use it, not just in construction, but on-going (with deliveries to properties, to Oak Lodge etc) and recommend it is doubled in width with passing spaces.’

Planning Policy – Concerns raised regarding the red line and affordable housing. Comments in summary: - The site is allocated for approximately 30 dwellings in the Oakley Neighbourhood Development Plan (ONDP). The proposal is sufficiently close to not require further justification. - The boundary of the site differs from that shown in the ONDP and has a different connection to the highway. The red line is also much larger than required as being necessary for housing. - The red line and potential for residential uses anywhere within it, would result in an encroachment into the countryside. This is a policy concern and contrary to the Neighbourhood Plan. - The illustrative mix of dwellings would not meet the specific housing mix set in the ODNP. The illustrative mix would be contrary to the Local Plan which requires the mix to address local requirements. This does not however affect the principle of development and should be controlled and determined through the reserved matters. - Affordable housing provision will need to be scrutinised by the Housing team.

Urban Design – No objection.

Trees – Comments – The applicant will be required to demonstrate compliance with the Landscape, Biodiversity and Trees SPD.

Environmental Health – No objection subject to conditions.

Landscape – No objection subject to detailed information with any further information.

Historic Environment – No objection.

Environment Agency – Advise that new development should be connected to public mains where possible to avoid a proliferation of individual treatment plans which can cause deterioration in local water quality (ground and surface water).

Biodiversity – Initial comments – Further information required in the form of a Biodiversity Metric Calculation to establish whether the proposed development will deliver a measureable net gain in biodiversity as required by the NPPF (para 174). Final comments – No objection subject to a S106 agreement and conditions.

Parks and Open Space – Initial comments - No objection subject to the provision of multi-functional green space that means minimum standards (particularly for kickabout) is provided on site. Final comments – No objection.

Housing – Initial comment: - In summary - evidence is required to demonstrate that on-site provision of affordable housing cannot be delivered before discussions around offsite provision or financial contributions can commence. Housing is willing to be flexible around tenure type. Interim comments – Housing accepts a disinterest from registered housing providers due to the site size and location. Request an assessment of service charges to confirm if these are reasonable and up to date. Further talks are required with the Registered Providers to conclude a way forward to meet on site provision of Affordable Housing to meet demands in the Borough. Final comments – The housing team does not accept that exceptional circumstances apply for this development and therefore suggest that the service charges are recalculated to provide a more reasonable charge. This will in turn regain the interest of Registered Providers to provide on-site affordable housing in the borough and comply with policy CN1.

Waste – Comments (in summary) - All wheeled bins to be left kerbside for collection. The swept path analysis for refuse collection vehicles to be suitable for a 26 tonne vehicle and if access is restricted around the green then a bin collection point may need to be considered.

HCC Highways – Initial comments – Objection – further information required. Final comments - No objection subject to the applicant entering into a Section 278 Agreement in order to construct the proposals shown on drawing number 140441-05 B. No occupations of any dwellings shall occur until the highway works have been completed.

HCC Lead Local Flood Authority – Initial comments –Further information requested. Final comments – No further comments.

HCC Archaeology – No objection subject to conditions.

HCC Countryside Access – Protection is required for the Public Rights of Way network.

Southern Water – The site lies within a Source Protection Zone around a public water supply. Reliance is therefore upon consultations with the Environment Agency.

Historic England – Do not wish to comment.

Natural England – Initial comments - the application could have potential significant effects on Solent and Southampton Water Special Protection Area (SPA) and Ramsar, Solent Maritime Special Area of Conservation (SAC) and Solent and Dorset Coast SPA. Further information is required in order to determine the significance of these impacts and the scope for mitigation. Interim comments – Further information required pursuant to the long term maintenance and management of mitigation measures. Final comments – It is for the Local Planning Authority to consider how the measures can be secured through planning, are monitored/reported effectively and are enforceable for the lifetime of the development. Provided these aspects can be appropriately addressed, Natural England would raise no further concerns.

Public Observations

Twenty representations received expressing objection to the proposal on the following grounds (in summary): Principe of development - Oakley Hall is unsuitable for further development of any kind. - The proposal is inconsistent with the Oakley and Deane Neighbourhood Plan 2011 – 2029 which allocated only 30 dwellings to Oakley Hall. - The development is on a greenfield site, not previously built upon, and well outside the Revised Settlement Policy Boundary as set out in the Oakley & Deane Neighbourhood Plan 2011-2029. - The proposed development would undermine the aims of Policy SS6. - The proposed development fails to satisfy any of the requirements for new housing in the countryside set out in Policy SS6 except for a partial allocation under the Oakley & Deane Neighbourhood Plan. - Failure to comply with the criteria of Policy CN4 of the Basingstoke and Deane Local Plan 2011-2029.

Impact on the character of the area - Contrary to Policy EM10 of the Local Plan. - The proposals fail to respect the local environment and amenities of neighbouring properties. - The proposals do not positively contribute to local distinctiveness, the sense of place or the existing street scene. To the contrary, they would have a significant negative effect. - The development should be next to existing developments. - The proposals do not maintain the integrity of existing settlements and prevent their coalescence. - The proposal fails to respect or enhance, and would instead be detrimental to, the character and visual amenity of the landscape, taking into account the qualities identified in the council’s landscape character assessment and relevant guidance. - The proposal is detrimental to the setting of the local settlements, particularly Deane and Steventon including important views to, across, within and out of these settlements. - The proposal fails to respect or enhance the local character of buildings and settlements, including important open areas. - The proposal would be seen from surrounding fields and footpaths and the Wayfarers Walk. - The proposals would significantly increase the light pollution in the area and fail to respect or enhance intrinsically dark landscapes. - Night lighting is already a problem at Oakley Hall hotel. - The proposals fail to respect the sense of place, sense of tranquillity and remoteness, and the quiet enjoyment of the landscape from public rights of way. - The proposed development would be incompatible with the development guidelines for ‘Landscape Setting’ in the Oakley Village Design Statement. - Any further development at Oakley Hall would be widely visible across the area. - The development would disrupt the patchwork of fields, woodland and parkland developed over hundreds of years and destroy the quiet, rural character of the local landscape. - The supporting ‘Landscape and Visual Impact Appraisal’ (LVIA) confirms that the development is inconsistent with Policy EM1. - The development would cause severe detriment to the visual amenity and scenic quality of the area, and in particular the setting of Deane and the immediate vicinity. - The LVIA confirms that the development would be seen from the Deane conservation area, including at the eastern end closest to Oakley Hall, and also from the surrounding fields and footpaths including the Wayfarers’ Walk. - The location, density and scale of the proposed development is inconsistent with conserving and enhancing the qualities of this special landscape: to the contrary, it would obliterate much of it. - The proposals fail to respect the character and visual amenities of the area by virtue of their density and location. - The proposals would be out of keeping and to the detriment of the visual amenities of the street scene and the landscape character of this rural location. - The proposals are not sympathetic to the character and visual quality of the area.

Scale and Design - The site, scale and density would severely impact the character of the landscape and the rural community. - The scale of the proposed development makes compliance with the requirements of the Countryside Design Summary impossible. - A development of this scale would be completely out of proportion to the size of the local settlement. Deane has a very small population (approximately 20 dwellings in the immediate area enclosed within the Deane Conservation Area, plus a scattering of other properties). - The proposals fail to promote the efficient use of land and fail to achieve appropriate housing densities which respond to the local context. The proposals also fail to take into account the rural location of the site.

Impact on the natural environment - Contrary to Policy EM1 of the Local Plan. - It is unclear what effect the development will have on the character of the local water features and rivers, including the River Test, given the amount of additional water that will need to be extracted for a development of this scale. - The proposal fails to respect and enhance and would be detrimental to trees, ancient woodland, hedgerows, water features such as rivers and other landscape features and their function as ecological networks. - The character of the borough’s rivers and tributaries, including the River Test, which should be safeguarded. - It is unclear what effect the development will have on the character of the local water features and rivers, including the River Test, given the amount of additional water that will need to be extracted for a development of this scale. - The proposed dwellings are positioned too close to the western boundary which is a local site for breeding dormice. - Inadequate buffer (10m) provided to all existing hedgerows. The western boundary tree line could be regarded analogous to ‘ancient woodland’ due to the presence of dormice and possibly its age. - The Green Infrastructure Strategy (2018-2029) requires 25m buffers to ancient woodland and therefore should be provided. - A bund should be formed within this 25m buffer to shield the western boundary tree line from light spillage, noise and other effects of the development. - An agricultural access appears to be placed within the 10m buffer zone to the western boundary tree line contrary to the Green Infrastructure Strategy. This access should sit outside of a 25m buffer taking the overall distance to about 30m. - A protective fence is proposed adjacent to back gardens of dwellings to keep cats away from the western boundary tree line. The fence should be extended to the south to protect the rough grassland strip for barn owls and wildlife and also along other back gardens that back onto hedgerow or a natural green space. The fence should be a 2m high chain link fence. - The proposed mitigation should not be confined to the Neighbourhood Plan area and be extended off site over the remaining field. - A new hedgerow should be planted off site along the southern edge of the field to provide a visual screen from Footpath 6, a wind break and a link for dormice. - The Parameter plan showing the ‘residential net developable area’ comes too close to the western hedgerow. This hedgerow should be recognised as a constraint to development. - A garden in the south west corner backs on to the western hedgerow and does not accord with the Green Infrastructure Strategy. - The ‘kickabout space’ would provide a satisfactory buffer to the northern length of the western hedgerow. - Suggest extension of the rough grassland strip for Barn Owls/wild birds to provide a buffer to the western hedgerow of the same width as the kickabout space.

Impact on the historic environment - The proposal fails to comply with Policy EM11 of the Local Plan. - The proposal would be seen from parts of the Deane Conservation Area. - Adverse impact upon the historic parkland around Oakley Hall. - The proposals fail to demonstrate a thorough understanding of the significance, character and setting of the Deane conservation area, or how the proposals would impact on the significance of the conservation area. - There is also no evidenced basis as to how the Deane Conservation Area has informed the proposed development. - The proposed development would be completely out of proportion to the scale, density and character of the conservation area and its quiet rural setting. - The proposals fail to respect the historic interest and local character of the conservation area. - The proposal fails to respect or enhance historic landscapes, parks and gardens and features. - The proposals fail to have due regard to the density, scale, layout, appearance or history of the surrounding area, and the relationship to neighbouring buildings, landscape features and heritage assets.

Residential amenity - Contrary to Policy EM 10 2b) of the Local Plan. - The proposals fail to provide a high quality of amenity for occupants of neighbouring properties, having regard to overlooking and outlook.

Highways and transport - Failures to comply with Policy CN9 of the Local Plan. - The development would increase traffic with noise pollution for local residents, particularly within the Deane Conservation Area. - Adverse impacts on the operation and safety of the B3400 from additional traffic. - The B3400 which already has too much traffic, from extra homes, deliveries etc. - Limited bus access. - The proposals would not provide safe or suitable access for potential users of the development, or the local community. - The proposals would result in inappropriate traffic generation and compromise highway safety. - The B3400, which would connect the development site with the nearest facilities in Oakley and also Overton, is already dangerously busy. - The problems of additional traffic would be particularly acute for pedestrians and motorists around the cross-roads between Deane and Steventon - Bus links are under-resourced and will not be a feasible alternative in many cases.

Services and Facilities - Insufficient local infrastructure for a development of this size. - Local services are already stretched. - The proposed site is approximately 2 miles from any existing facilities in Oakley therefore residents will be forced to drive to access these facilities. - Existing GP services are already over-stretched. - The proposed development would see a return to a more Dickensian style of planning whereby older members of the community will be annexed to an isolated location where they will have limited access to the local facilities and services enjoyed by the rest of the community.

Other matters - Residents of Deane were not made aware of the application. - Residents of Steventon would also be directly affected by any development at the site and are horrified at the prospect of any such development being allowed. - Why is Oakley and Deane treated as a single parochial unit in the Neighbourhood Plan where these are two separate units of significantly different population levels. Deane is a very small rural parish. Oakley is approaching the size of a mini-town. - Question whether the ‘neighbourhood area’ in the Oakley and Deane Neighbourhood Plan is suitable? - It appears that a multi-parish neighbourhood area would be more appropriate and that the community of Steventon should be afforded the opportunity of being stakeholders in the ODNP. - Many residents of Steventon knew nothing of the ODNP allocation of Oakley Hall until the notification of this application. - The community Steventon request that the ONDNP and the ‘neighbourhood area’ be reviewed and that the allocation at Oakley Hall be withdrawn until such a review has taken place. - Consider that the geographical location and proximity of Oakley Hall to Steventon ought to have meant that Steventon Parish Council should have been notified, even informally. - Excluding a potentially affected community, or deliberately ignored from the planning process means that the planning system fails to meet the basic aims of community led planning. - The Deane Parish Meeting has been run for administrative purposes together with Oakley Parish Council. Deane has no representative on the Oakley & Deane Parish Council. - There have been difficulties in ensuring that the interests of Deane are properly represented and protected. - The draft Neighbourhood Plan was adopted by the Oakley and Deane Parish Council and prepared by a planning group consisting solely of Oakley volunteers with no representation from Deane. - Deane’s sole Parish Councillor opposed the draft Plan. - The overwhelming majority of Deane residents were opposed to development at the Oakley hall site. - Petitions showing that the local residents supported the development of a retirement village at the Oakley Hall site was false – at least in relation to the residents of Deane, who are the ones who will be directly affected by any development at this site. - There is suspicion that residents of Oakley were happy to support the development of a site outside of their own parish which would limit the number of dwellings that had to be built in Oakley. - The Plan withdrew its express support for a retirement village of 120-150 dwellings. - Residents of Deane and the local area fought to prevent the Oakley Hall site being included in the Neighbourhood Plan. They were told they had no choice but to accept an allocation of 30 retirement dwellings. - It is believed that the overwhelming majority of residents remain opposed to any development at the Oakley Hall site. - There was no support for development, of any size, at the Oakley Hall site. - The site was included in the Neighbourhood Plan as a result of the inequality of representation at Parish Council level, and a failure to ensure that Deane’s interests were properly represented and protected. - The ODNP was adopted in 2016 to allow local communities, under the Localism Act 2011, powers to shape development within their communities.

One representation received expressing comments to the proposal on the following grounds (in summary): - Request that planning consent includes a requirement for multiple internal nest sites for swifts in the form of use of swift bricks (at least 20). - Proposal should seek to provide net gains for biodiversity, in particular for swifts and house sparrows with swift bricks also used by Blue and Great Tits.

Relevant Planning History

20/01586/OUT Outline planning application for the development Pending of a Continuing Care Retirement Community (Use Consideration Class C2) of up to 150 units of accommodation and associated community facilities (including spa/pool/gym and associated changing areas, treatment rooms, salon area, hobbies room, shop/coffee lounge, bar/cafe/dining area, kitchen, meeting rooms, reception/waiting area, offices, laundry and other associated ancillary space), access (including new vehicular and pedestrian access to the adjacent Oak Lodge Nursing Home), open space, landscaping, drainage measures and foul pumping station (all matters reserved except for the access into the site).

Assessment

The key issues for consideration comprise the need and principle of this development having regard to the national and local planning policy context whilst having regard also to the impact upon the character and appearance of the area and landscape setting, traffic generation and highway safety, residential amenity, the natural and historic environment, and the local infrastructure.

Environmental Impact Assessment

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 set out that Environmental Impact Assessment’s (EIA's) are needed for certain developments whereby the proposal is to have a likely significant effect on the environment. The application has been “screened” in accordance with the criteria set out within the Regulations having regard to matters such as the site area, the number of units, and its location.

In having regard to the proposed development and in accordance with Regulation 4 of the EIA Regulations, the Local Planning Authority is of the opinion that the development would be unlikely to have significant environmental effects. This is by virtue of the size, scale and characteristics of the development, its location outside of any defined sensitive area, use of natural resources and the production of waste, pollution and nuisances. Accordingly, it has been concluded that the development would not constitute EIA development and an Environmental Statement was not required to accompany the application in accordance with the 2017 Regulations.

Principle of development

The Town and Country Planning Act 1990 requires that applications for planning permission must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this case the Development Plan comprises the policies of the Basingstoke and Deane Local Plan 2011-2029 and the Oakley and Deane Neighbourhood Plan 2011 – 2029 however the NPPF is a material planning consideration.

 Basingstoke and Deane Local Plan 2011-2029

The site is located outside of any Settlement Policy Boundary 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 the spatial strategy for new development providing that this meets certain criteria such as supporting regeneration, on allocated sites or where other policies of the Local Plan are met. Of particular relevance, the development would accord with criteria e) of Policy SS1 which supports the delivery of new homes through Neighbourhood Planning in line with Policy SS5 of the Local Plan.

Policy SS5 identifies settlements where sites or opportunities in and around defined Settlement Policy Boundaries are to be identified through Neighbourhood Plans for the delivery of new housing. The settlement of Oakley was identified for the provision of at least 150 homes for delivery over the plan period which has been progressed through the made Oakley and Deane Neighbourhood Plan 2011-2029. Within the Neighbourhood Plan, the land at Oakley Hall has been allocated for residential development therefore no objection is raised to the principle of the development at this outline stage which is considered to accord with Policies SS1, SS5 and SS6 of the Local Plan.

 Oakley and Deane Neighbourhood Plan 2011 – 2029

In accordance with the Neighbourhood Plan, Policy 3 (Site Allocations) land is allocated at Oakley Hall for ‘approximately 30’ dwellings. This allocation has no site specific requirements as detailed within Policy 4 of the Neighbourhood Plan. The principle of providing residential development at the application site is therefore accepted although it is acknowledged that the application site currently under consideration considers additional dwellings above 30 and the application site, as demarcated by the red line on the site location plan does not precisely align with the allocated boundary of the Neighbourhood Plan.

In addressing the quantum of development, a proposal for ‘up to 33 dwellings’ is considered to fall within the remit of an acceptable quantum of development for the site against the level of development that the term ‘approximately’ would envisage. As such, a justification for the number of properties above 30 is not deemed to be necessary having regard to the terms of the NPPF (as addressed below) and the development plan where flexibility is provided for within the Policy.

With regard to the site area, the Planning Policy team has commented that the boundary of the site as demarcated by the red edge differs from that shown within the Neighbourhood Plan and also proposes a different connection to the highway. Concern has also been raised that the site area is much larger than required as being necessary for the proposed development, therefore a residential use could occur anywhere within the red edge with encroachment into the countryside.

It is correct that the red edge of the application site does not strictly accord with the site allocated for development within the Neighbourhood Plan, which itself was notably larger than that required for the provision of up to 30 dwellings. The application site does however lie within the Neighbourhood Plan allocated site as illustrated by Map 9 and whilst the access has changed from that originally envisaged, there are no site specific requirements within Policy 4 of the Neighbourhood Plan to stipulate that access from a differing location could not be taken. It is therefore considered that the inconsistency with the Neighbourhood Plan in terms of site area and access would not constitute a reasonable reason for refusal of planning permission whereby the principle of a residential development at Oakley Hall on land to the rear of the nursing home has been accepted within the Neighbourhood Plan.

It is additionally notable that the considerations of the siting of the final development within the allocation area is a matter for consideration at a reserved matters stage, therefore the site area as applied for allows for flexibility to ensure that the development is located in the most appropriate location taking into account any site constraints. No objection is therefore raised to the principle of the development at this outline stage against the Neighbourhood Plan.

 National Planning Policy Framework and Housing Land Supply

The NPPF is a material consideration in the decision-taking process. The NPPF sets out the Government's planning policy for England and places sustainable development at the heart of the decision-taking process incorporating objectives for economic, social and environmental protection. These objectives seek to balance growth and local community needs against protection of the natural, built and historic environment.

Planning applications for new housing therefore have to 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: i) the application of policies in the Framework that protect areas or assets of particular importance (such as listed buildings and conservation areas) provide 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 the Framework when taken as a whole.

In considering the requirements of criteria i) above, the site is located within the grounds of Oakley Hall which in accordance with Paragraph 11 is a protected asset of particular importance. As set out in the report below, the Conservation Officer raises no harm to the significance of the heritage assets at this outline stage noting the distance from the asset itself. Furthermore, whilst representations raise objection to the relationship of the site to local conservation areas, the site is not located within or within relative proximity to any conservation area boundary as to harm to the character or appearance of the setting. As such, there is not a clear reason for refusing the development when having regard to heritage assets against criteria i). Consideration therefore turns to criteria ii) which requires a balancing exercise as to whether any adverse impacts of granting permission would significantly or demonstrably outweigh the benefits of the development. These are considered below.

The NPPF advocates a presumption in favour of sustainable development. It therefore remains that whilst the development plan is out of date, the intent and direction of the housing strategy policies remain aligned with the requirements of sustainable development to deliver housing within a plan-led system and to avoid unacceptable encroachment into the countryside. The housing policies therefore can be afforded some weight in favour of the development as a public benefit to deliver new housing, albeit not full weight, in the planning balance.

Nevertheless, with the housing strategy deemed out of date, it is recognised that the site is located in the countryside where objection has been raised to the position of the site within the representations. Paragraph 78 of the NPPF states that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the viability of rural communities. Furthermore, Paragraph 79 requires that planning decisions should avoid the development of isolated homes in the countryside unless certain criteria apply. These criteria address the need for rural workers, the reuse of heritage assets or redundant buildings or where the development subdivides an existing dwelling or is of exceptional quality. In addressing the proposed development, the first consideration is whether the site is in an isolated location. The NPPF does not provide a definition of what constitutes 'isolated' development. Therefore, in considering whether or not the current application site is ‘isolated’, reference has been given to case law and planning appeal decisions.

Braintree DC v SSCLG [2018] Civ 610 ('the Braintree case') forms a material consideration in the assessment of isolation. The term ‘isolated’ was considered by the Court of Appeal who upheld a High Court decision that concluded the word 'isolated' should be given its ordinary meaning as being 'far away from other places, buildings and people; remote'. Lindblom LJ held that, in the context of paragraph 55 of the previous NPPF (2012) (now paragraph 79 in the NPPF 2019), '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' as set out within the NPPF could have a dual meaning, being physically isolated or functionally isolated (isolated from services and facilities).

In applying this guidance to the application at Oakley Hall, the application site is set within a rural location visually and physically separated from the village of Oakley and thus is considered to be remote. In particular the nursing home and Oakley Hall hotel would not constitute a ‘settlement’ which would be supported by the development. As such, the location is considered to be remote and therefore ‘isolated’ and would not contribute to the enhancement or maintenance of a viable rural community having regard to case law and the requirements of the NPPF. This weighs against the development proposal. The planning balance however has to consider the NPPF ‘as a whole’. It is therefore pertinent to consider whether the impact of an isolated development would significantly and demonstrably outweigh the benefits. This is considered within the context of sustainable development.

 Sustainable development

The NPPF is places an emphasis upon delivering sustainable development incorporating objectives for social, economic and environmental protection. These objectives are also referenced within Policy SD1 of the Local Plan and equally would have been considered when allocating the land for development through the Neighbourhood Plan.

The social objective would be met by the contribution towards the local housing stock and the provision of a financial contribution towards off site affordable housing as detailed below in this report. This is afforded significant weight given the identified need for housing, including smaller properties and affordable housing, within the Borough; noting also the Government’s objective of significantly boosting the supply of homes.

Economically, there would be benefits generated during the construction period with spin offs from wage spending of construction workers and supplier sourcing. Following this there would be consumer spending on goods and services by the occupants of the dwellings to ‘make a house a home’ and opportunities for spending within the local area, benefitting the local economy. This is a positive benefit which can be afforded weight.

The environmental benefit would also be met in a number of ways. The development site is currently arable land which, whilst agriculturally productive, has limited environmental benefits and would contribute towards nitrate impacts. Whilst the development would generate new built form, the properties would be required to meet energy efficient standards set out in Building Regulations as a minimum and incorporate measures to consider climate change secured by planning condition as set out below. The built form would also come forward with a package of landscape and biodiversity enhancements through new landscaping which can be afforded weight as a positive benefit.

The location of the site when allocating the land for development would have additionally considered the impact of the proposal upon the landscape character and the relationship to heritage assets, which although has been subject of public objection, has not been met with objection from the Landscape and Conservation Officers. This is afforded weight in the planning balance.

However, the site is in a countryside location where it would be distanced from local services and facilities including a primary school, local shops and a doctor’s surgery thus requiring the need to travel to meet day to day needs. The site does have access to a bus service which provides regular connections to Basingstoke, Andover and Winchester with a bus stop on the B3400 outside the site. However, it is reasonable to expect that travel would predominately be by private vehicles. Whilst this is not a benefit of the proposal, paragraph 78 of the NPPF does accept that there may be the need to travel and it would be reasonable to accept the use of a private car in a rural location in order to support rural services.

In conclusion, weight is afforded to the presumption in favour of development whereby the site has been allocated within the Neighbourhood Plan, and in doing so, the location would have been deemed acceptable. It is considered that there would not be any other material considerations which would otherwise make this development unacceptable where, as addressed below, the relationship to the heritage asset is not deemed to provide a clear reason for refusing the proposed development. As such, the principle of the proposed development is considered to be in accordance with the National Planning Policy Framework whereby the housing strategy policies of the Local Plan are considered to be out of date.

 The Planning Balance

In concluding the principle of development, the allocation of the site to provide new housing, including affordable housing is afforded significant weight in favour of the development. There would be further social, economic and environmental benefits arising which are also afforded weight when considering the Framework as a whole. Therefore whilst the location of the site within the countryside is deemed to be isolated, it is not considered that the impact of the development would significantly and demonstrably outweigh the benefits of the development when the Framework is considered as a whole. In having regard to a presumption in favour of sustainable development, on balance, no objection is raised to the principle of development.

Loss of Agricultural Land

The NPPF (footnote 53) states that ‘where significant development of agricultural land is demonstrated to be necessary, areas of poorer quality land should be preferred to those of a higher quality’. This advises of the need to avoid development of the ‘best and most versatile agricultural land’ (i.e. grades 1, 2 and 3a) although does not place any absolute prohibition on the use of this higher quality resource.

The development would result in the loss of 12.5ha of Grade 3 agricultural land as determined through the Agricultural Land Classification System (ALC) held by Natural England. This grade sits at a strategic level only as opposed to determining any site specific use. The loss of good to moderate (Grade 3) quality agricultural land at Oakley is notable particularly in the immediate visual and physical context, however there is no definition in the NPPF of what constitutes ‘significant development’ for the purposes of footnote 53. Therefore whilst the proposal is a major development as categorised by the Town and Country Planning (Development Management Procedure) (England) Order 2015, the loss of this land is not deemed ‘significant’ when viewed against the context of available agricultural land in the wider landscape.

This approach also recognises the strategic need to increase housing supply for which greenfield development is expected to be developed, and indeed advocated within the Local Plan through the allocation of specific sites to come forward within the plan period. With the site allocated through the Neighbourhood Plan, it would be unreasonable to refuse permission on the loss of agricultural land.

Affordable housing

Affordable housing provision is a corporate priority for the Council as set out in the Council Plan 2016 - 2020 to ensure that those households in need are able to access housing in the borough. Policy CN1 of the Local Plan therefore requires the provision of 40% affordable housing as part of new residential development with a tenure split of 70% rented and 30% intermediate products, or where applicable, secure a financial contribution of equivalent value. Policy H3 of the Neighbourhood Plan also gives regard to the provision of affordable housing within all new housing developments.

The application has been subject to supporting information which sets out that, due to the infrastructure and landscaping provision, the longer term costs of maintenance and servicing would render the site financially unattractive to any Registered Housing Provider to provide on-site affordable housing. Such supporting information also included correspondence with the Registered Housing Providers for completeness. The matter has been pursued with the applicant with the information provided scrutinised by the Local Planning Authority in conjunction with the Housing Service and Landscape Team and as apparent from the response provided by the Housing Team, concern has been maintained as to the absence of on-site affordable housing being secured.

To address the concern, Policy CN1 does however provide an opportunity ‘in exceptional circumstances’ to secure off-site provision or financial contributions of equivalent value towards affordable housing. It has therefore been agreed that sufficient evidence exists (as set out above relating to the overall costs of providing on-site affordable housing), which is specific to this site and the circumstances arising, to constitute an exceptional circumstance to allow for the policy requirements for affordable housing to be addressed through a financial contribution. With a S106 agreement in place to secure a contribution to be calculated against the land value, size and type of housing coming forward at the reserved matters stage, the proposal is considered to accord with Policy CN1 of the Local Plan.

Housing Mix

Policy CN3 requires developments to provide a range of units to address local requirements, with the mix to be appropriate to the size, location, density and character of the site and surrounding area. The policy also requires that the mix is to be supported by evidence to justify the proposed housing mix, with the supporting text stating this is to be based on an assessment of “a range of sources of housing evidence”. Further guidance on requiring a mix of housing is also set out within the Housing SPD (2018) which identifies a particular borough wide requirement for homes with two and three bedrooms given population trends for small households.

The need for a mix of housing in new development is further detailed within Policy 2 of the Oakley Neighbourhood Plan which sets out that at least 90% of dwellings in new development should have less than four bedrooms. Of this 90%, 40-50% should have two bedrooms or less unless viability or other material considerations show a robust justification for a different mix.

Other than an artistic illustration within the Design and Access Statement which suggests a development of predominately larger sized properties, no detail has been provided of the final mix of dwelling sizes which would be determined through a future design process at a reserved matters stage. It will therefore be expected that any reserved matters would evidence a mix of units demonstrating that this mix has been determined according to the local requirements having regard to the Oakley and Deane Neighbourhood Plan. This advice is reiterated within a planning condition drawing reference to the development plan policies and guidance within the Housing SPD.

Accessible and Adaptable Homes

Policies CN1 and CN3 requires provision of 15% of both affordable and market homes on site to be ‘accessible and adaptable’ to enable people to stay in their homes as their needs change. In the absence of any such units (of either description) being illustrated within the application submission, such provision is secured via a planning condition.

Impact on the character of the area

Policies EM10 and EM1 ensure that proposals reinforce attractive qualities of local distinctiveness and are sympathetic to the landscape character and scenic quality of an area. Protection for the rural setting is also provided for within Policy 13 of the Neighbourhood Plan which in turn draws upon the Village Design Statement.

Oakley Hall lies in gently undulating agricultural land, typically comprising of medium sized fields defined by mature hedgerows. The setting and views provided by the surrounding arable farmland still make a significant contribution to the rural landscape character and establishes the nearest settlements as rural-based communities. Concerns have therefore been received as to the impact of the proposed development upon the landscape character of the area, having regard to the countryside location, visual amenity and scenic qualities as well as to the setting of Oakley, Deane and also Steventon which sits further away to the south west.

The proposal would have an immediate and permanent impact upon the local landscape as an inevitable consequence of the development. In responding to the landscape setting, the illustrative layout and parameter plan do suggest that the built development could be clustered relatively central to the overall application site area. This would position the proposal at the lowest ground level when having regard to the contours of the land and also in proximity to the Care Home to minimise the encroachment of new built form into the wider landscape. Therefore whilst the proposal would remain visible to public vantage points, particularly from the public rights of way that extend across the landscape to the south and west, the impact would be short term and limited to the close vicinity of the site. Given that the introduction of new built form in this location has already been deemed acceptable in principle at the plan-making stage, it would not be reasonable to refuse development upon the impact to the character and appearance of the area at this outline stage.

In acknowledging that an impact would arise, it would be for the reserved matters to demonstrate that the siting can mitigate overriding demonstrable harm arising to the landscape character. This would require the final siting to be informed by existing site constraints such as trees and boundary hedging with further mitigation in the form of enhancements and new landscaping as appropriate. With mitigation in place, the proposal would assimilate appropriately with the character and appearance of the landscape. On this basis the proposal would not conflict with Policies EM1 and EM10 of the Local Plan, Policy 13 of the Neighbourhood Plan, the Design and Sustainability Supplementary Planning Document and the guidance contained within the National Planning Policy Framework (February 2019) and the Oakley Village Design Statement 2004.

Design Principles

Policy EM10 of the Local Plan and Policy 13 of the Oakley and Deane Neighbourhood Plan require 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, with regard also to the Oakley and Deane Village Design Statement to inform appropriate built development respectively. The NPPF additionally 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. Development proposals are therefore required to take opportunities for improving the character and quality of an area, taking into account local design standards or guidance contained with SPDs.

Third party representations have raised concerns regarding the scale and design of the proposal. The application has however been submitted in outline with matters of layout, scale and appearance reserved for later consideration. Whilst an ‘illustrative’ site layout has been provided at this stage, this is not afforded any weight in the determination of the application but simply demonstrates that the proposed quantum of housing could be accommodated on the site. This illustrative layout suggests a development of a low density and individual character to aid its integration with the immediate surroundings. No objection has been raised from the Urban Design and Parks and Open Spaces Officers to the proposal at this outline stage whereby it would be for the reserved matters to address the detailed design which would be considered accordingly.

 Layout

The illustrative site layout and the Design and Access Statement (DAS) give an indication of an approach to the development of the site. This suggests that the layout of the proposal would be inspired by traditional models of planned ‘estate villages’ with a semi-formal layout of mainly straight and well-defined streets, a formal ‘village green and adjacent landscaping buffers and open spaces.

The illustrative layout suggests that the semi-formal perimeter blocks of dwellings would enable the creation of a legible pattern of residential development and a good level of permeability through the site, but with a defensible edge to the south. It is suggested that the properties would be provided with on plot parking to the sides of dwellings, private rear gardens as well as front gardens enclosed with front boundary treatments. At this stage, the Urban Design Officer has raised no objection to the layout however it has been requested that at a reserved matters stage, further consideration be given to rear garden depths drawing upon guidance within the Design and Sustainability SPD and the arrangement of properties to reveal views to the countryside to the south.

The need to further review the site layout has also been requested by the Conservation Officer to ensure that the layout of the site to the south eastern corner is more in keeping with the formality of the arrangement of other dwellings, relates to the geometry of the rectangular blocks of housing and better affords views to the surrounding countryside. Again, this is a matter for the reserved matters stage.

 Scale and Appearance

The Design and Access Statement suggests that there has been recognition of the scale and appearance of development in the local area with an intention to be consistent with the local character and context.

The external appearance of the properties would be provided at a reserved matters stage with an intention expressed to produce a high quality scheme. It is suggested that the properties would exhibit a mix of house types and plot arrangements in detached and semi-detached forms with traditional detailing and a mix of materials. It will therefore be necessary for any final designs to carefully consider such detailing to achieve the intended quality, the consideration of which should extend from the roofscape through to the street scene and landscaping and draw reference to the Oakley and Deane Village Design Statement as secured by Policy 13 of the Oakley and Deane Neighbourhood Plan.

Impact on neighbouring amenities

Policy EM10 considers the effect of development upon residential amenity (both to existing and new residents) addressing aspects such as privacy and private open space, light, noise and disturbance. This is supported by guidance set out within the Design and Sustainability SPD (Section 10) which establishes appropriate amounts of amenity space, privacy, natural light and outlook.

This application is in outline therefore no weight can be given to the illustrative site layout. In the absence of the final layout being known, it would be unreasonable to refuse outline permission on matters of privacy and overshadowing whereby no direct adverse harm can be evidenced at this stage. In the event that outline permission is granted, the Local Planning Authority would retain the ability to influence and determine the acceptability of the relationships between the existing and proposed development via any Reserved Matters application. This would additionally include giving consideration to the internal layout of the development to ensure that the proposed properties in turn are provided with appropriate amenity through minimum garden depths and sizes and relationships as set out within the Residential Amenity Design Guidance and to ensure accordance with Policy EM10 of the Local Plan.

 Noise and disturbance

Policy EM12 gives consideration to development which is sensitive to pollution (e.g. noise) from existing land uses and activities which would adversely harm living conditions and be detrimental to quality of life. The NPPF (para. 180) also seeks to ensure that the planning system should avoid the generation of “unacceptable levels” of noise pollution where this would give rise to “significant adverse impacts on health and quality of life” or harm to areas that are relatively undisturbed by noise.

Locally, the site is not divorced from a level of background noise which is influenced by vehicular movements on the highway, movements and activities at the care home as well as activities across the wider Oakley Hall estate. This includes the use of Oakley Hall as a well-established wedding venue with entertainment held within a marquee to the east of the main building. This venue has generated noise complaints from residents to the east which has required the sound insulating properties of the marquee to be upgraded. The proposed development would place the properties approximately 500m from the siting of the marquee and as such there is potential for noise break-out to disturb future occupants. At this stage, advice is provided by Environmental Health that the potential for addressing noise issues, such as in the evenings when background levels are low, should be explored and the properties to be appropriately noise attenuated; the requirements of which are to be secured within a planning condition.

It is accepted that there would be additional background noise also generated by virtue of increasing the number of dwellings within the estate, however this is not considered to be at such a level as to result in significant adverse harm to human health for residents of the care home or to the natural environment as to justify refusal of planning permission. It is nonetheless reasonable and necessary to impose conditions to restrict hours of construction and for deliveries to respect the amenities of residents at the Care Home during the construction phase. The proposal at this outline stage is therefore considered to accord with Policies EM10 and EM12 of the Local Plan addressing matters of noise and disturbance.

Highways and Parking

Policy CN9 (Transport) requires that highway movements are not of an inappropriate type or level as to compromise highway safety with safe and convenient access to be provided for potential users through a compatible on site layout with appropriate parking and servicing provision. The need for on-site parking is additionally reflected within Policy EM10 with respect to ensuring that the amount, design, layout and location accords with parking standards as set out within the Parking Standards SPD.

 Traffic generation

The proposed development is for a traffic generating use which would bring new vehicular movements to the site and this has been a concern expressed within the representations received. It is however considered that the quantum of proposed development would not generate any greater or adverse level of traffic that would harm the local and wider highway network, with an estimated 30 and 20 two-way movements in the morning and evening peak periods respectively. The area is additionally served by public transport, and local facilities are also within easy reach by cycle thus providing alternatives to use of the car.

The development would also generate a level of traffic associated with the construction phase, with likely peaks in the mornings and evenings and with larger vehicles also required to visit the site. A planning condition is therefore proposed to secure a Construction Traffic Management Plan to address the traffic generated both on and off site for this temporary period to ensure that highway safety is maintained. Therefore with no material impact upon the highway network, which is capable of accommodating traffic movements to and from the site, the proposal is therefore considered to accord with Policy CN9 of the Local Plan.

 Access

Oakley Hall is currently accessed from Andover Road (the B3400), which is a two-way road subject to a 50 mile per hour limit in the immediate vicinity of the site. Within the estate, a driveway extends south from the highway and then turns eastwards to serve Oakley Hall as well as the care home. At the point of the driveway turning eastwards sits an agricultural field gate and track which is to be upgraded to form a new spur to serve the proposed development. The new access would have a footway extending parallel to the carriageway to facilitate access to the bus stops on Andover Road.

Further works are also proposed off site within the highway verge to extend the existing public footway adjacent to the east of the access with relocation of the existing east and westbound bus stops with new bus shelters to be provided. These works would be undertaken in conjunction with a new drop kerb crossing and would be secured through a S278 Agreement completed with Hampshire County Council as the Local Highway Authority.

The proposed access to the site has been considered by Hampshire County Council as the Local Highway Authority with no objection received. The remaining highway matters, addressing the internal road layout would be a matter for consideration at a reserved matters stage. The proposal therefore accords with Policy CN9 of the Local Plan.

 Parking

At this outline stage, final details have not been provided of the overall quantum and distribution of parking for the site which would be detailed within any final site layout plan. It is however suggested within the supporting Planning Statement that the site ‘could make provision for at least 70 spaces (not including garages)’ which would provide an average 2.1 spaces per dwelling. Notwithstanding this indicative provision, it would be expected that the development meets the required levels of car and cycle parking as set out within the Parking SPD. This provision is to be secured through a planning condition to ensure that the proposal accords with Policies CN9 and EM10 of the Local Plan.

Storage and Collection of Waste and Recycling

The development would be expected to provide storage for waste and recycling in accordance with standards set out within the Design and Sustainability SPD (Appendix 3) and would be detailed at the reserved matters stage. Subject to provision being secured by planning condition, the proposal accords with Policies CN9 and EM10 with regard to matters of waste.

Impacts on the Natural Environment

Policy EM1 of the Local Plan and Policy 13 of the Neighbourhood Plan affords protection to the landscape character of the Borough having regard to visual amenity and scenic quality but also giving consideration to natural features such as trees and hedgerows. The site is not located within any area designated for its landscape qualities or tranquillity, nor does the site contain any trees protected by Tree Preservation Orders. The site has limited on site natural features due the agricultural use with any interest primarily contained within the boundary hedgerows.

 Landscaping

Landscape is a reserved matter therefore, given the permanent impact on the landscape character of the immediate area, it will be important to ensure that due regard is given to the setting of the Oakley Hall estate and its transition to the countryside beyond. At this outline stage, the accompanying Planning Statement indicates that existing planting will be retained with new strategic planting proposed. The Design and Access Statement also sets out an intention to ‘enhance and strengthen hedgerows and tree belts’, provide ‘new tree and hedgerow planting’, retain and create habitats of high ecological value and incorporate new areas of accessible green space as an integral part of the development. This would also include provision of a village green, a community orchard and community amenity grassland.

Concerns have been raised as to the impact upon the existing landscape features, drawing reference to the proximity of the proposal to existing hedgerows and trees. Whilst these concerns are acknowledged, it remains that the layout as shown is illustrative only therefore the siting is yet to be secured. It would therefore be for the reserved matters to demonstrate that the siting minimises harm and has regard to the principles set out within the Design and Sustainability SPD and the Landscape, Biodiversity and Trees SPD. In addition, any new on site landscaping provision would also be for later approval whereby it would also be necessary to ensure that the landscape proposals account for utility requirements, to include drainage, in order to maximise opportunities for the landscaping to mature and be retained in perpetuity.

Notwithstanding this, the indicative intentions for the site at this outline stage have been considered by the Landscape Officer. Advice has been provided to seek further consideration of the size and sensitive treatment of private amenity areas, to reduce impacts on visual amenity and to provide structural planting to the northern edge of the Public Right Of Way that extends along the southern boundary. Further advice for a landscape reserved matters application is to be secured by an informative and at this outline stage, it is considered that the proposal accords with Policies EM1 and EM10 of the Local Plan and Policy 13 of the Neighbourhood Plan.

 Biodiversity

The Council has a duty under the Natural Environment and Rural Communities (NERC) 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, Policy EM4 of the Local Plan and Policy 10 of the Neighbourhood Plan with an emphasis placed upon conservation and enhancement of biodiversity interest.

The application was accompanied by a preliminary ecological assessment which concludes that there are no statutory or non-statuary nature conservation designations present within or adjacent to the site. The site does contain hedgerow and trees that have the highest ecological value with several species of bat, to include the rarer barbastelle bats, found to be using all the boundary vegetation on the site where dormice were also found to be nesting. Several red and amber listed bird species were additionally found to be wintering and breeding in the hedgerows and wooded areas on site.

The preliminary ecological assessment has been deemed acceptable by the Biodiversity Officer subject to securing ecological mitigation and enhancements to ensure a net gain in biodiversity interests. These requirements can be secured within the S106 agreement and by condition to ensure accordance with Policy EM4 of the Local Plan and Policy 10 of the Neighbourhood Plan.

 Nitrate Neutrality

The application site is located within the catchment of the River Test which ultimately drains to the Solent therefore has potential to contribute to levels of nitrate entering groundwater flows generated by wastewater. There is evidence that the high levels of nutrients are causing eutrophication to the internationally designated Solent Water Special Protection Area and Special Areas of Conservation, important for its habitats and bird species and therefore has a likely significant effect of the conservation status of these designated sites. These areas are afforded protection under the Water Environment Regulations 2017 and the Conservation of Habitats and Species Regulations 2017 (as amended) (the ‘Habitats Regulations’) to which the Local Planning Authority must have regard when determining the application.

The identified impact is currently subject to work commissioned by local planning authorities in association with Natural England, the Environment Agency and water companies. As such, uncertainty remains as to the potential for future housing developments across the Solent region to exacerbate these impacts creating a risk to the future conservation status. Therefore it is currently necessary for new development to achieve nutrient neutrality as a means of ensuring that development does not add to existing nutrient burdens and provides certainty that the whole of the scheme is deliverable in line with the requirements of the Habitats Regulations. In the absence of any strategic mitigation strategy being adopted by the Council, Natural England advises that to achieve nutrient neutrality, individual developments must demonstrate how a scheme would not add to nutrient burdens through implementation of site specific mitigation.

Where there is a likelihood of significant effects or there are uncertainties, a competent authority (i.e. the Local Planning Authority) should fully assess (by way of an “appropriate assessment”) the implications of the proposal in view of the conservation objectives for the European sites in order to fulfil its statutory duties under the provisions of the Habitats Regulations. Appropriate assessments must contain complete, precise and definitive findings and conclusions capable of removing all reasonable scientific doubt as to the effects of the works proposed on the protected site concerned and ensure that the proposal will not affect the integrity of the international sites.

In order to achieve nutrient neutrality, and following extensive discussions with Natural England, the applicant has submitted supporting information to set out how the development would mitigate the likely significant effect to a satisfactory level. The mitigation scheme comprises the provision of 3.21ha of land within the red line boundary to be managed as publicly accessible open space for the use of residents of the Oakley Hall estate, with this land to be subject to careful management to ensure that the area will not be subjected to changes that may adversely affect the nutrient loading of that site, including the use of fencing and hedging to prevent encroachment of farming practices from the adjacent fields. In addition, there would be no application of fertilisers or practices that will increase the nutrient loading (such as grazing or allotments). The details indicate that a private management company will deliver and monitor the management and maintenance of the area. In addition to the open space, the development is to have its wastewater addressed through provision of a Package Treatment Plan rather than connect to the public sewer network which is accompanied by a management and monitoring plan.

The proposed mitigation strategy has been reviewed by Natural England who are content with the principle of the strategy and do not raise any objection subject to this being secured in perpetuity. As such, the mitigation measures are included within the Heads of Terms for the S106 Agreement. Following agreement by Natural England, an Appropriate Assessment has been completed for reconsultation (as a statutory process) back to Natural England whereby a response is awaited which is reflected within the recommendation to the Committee.

Conservation of the Historic Environment

 Listed Buildings

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on Local Planning Authorities to have special regard to the desirability of preserving a listed building, or its setting, or any features of special architectural or historic interest it possesses. This requirement is reflected within the NPPF which requires that, when determining applications, account should be taken of the desirability of sustaining and enhancing the significance of heritage assets. When harm is considered to arise, this needs to be weighed against the public benefits. Locally, Policy EM11 refers to areas of historic or architectural interest and is relevant when considering the impact of the development upon the historic environment.

The site lies within the wider estate to the Grade II listed building of Oakley Hall, a 3 storey mansion dating from 1795 with later remodelling and extensions. The building has a number of incidental buildings that extend to the west of the host property and further development has occurred about the estate, such as the care home which sits adjacent to this current application site. It is accepted that the allocation of the land within the Neighbourhood Plan for housing predetermined that further development is likely to occur within the estate and no objection has been raised by the Historic Environment Team. It would therefore be for the reserved matters application to pay particular regard to matters of design and scale of the new development in relation to views both towards and from the listed building thus ensuring that the character and appearance of the setting of the listed building is preserved in the public interest.

 Conservation Areas

Section 72 of the Planning (Listed Buildings and Conservation Areas Act) 1990 also draws reference to any buildings or other land within a conservation area. In the exercise of relevant functions under the Planning Acts, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area and its setting.

The application site is not located within any conservation area however concern has been received through the representations as to the impacts upon the Church Oakley and Deane conservation areas which are located approximately 1.1km to the east and 0.6m to the west respectively. In addressing the relationship of the conservation areas to Oakley Hall, there is a shared interrelationship where historically, much of the villages were once part of the wider Oakley Hall estate. However, whilst there is a contextual link, it is considered that due to the topography and intervening distances, the proposal would not generate a significant impact upon the significance of the setting of the conservation areas by virtue of any views generated into or from the development site that would adversely harm the architectural or historic features for which the conservation areas were designated

At this outline stage, it is considered, having due regard for the duties set out in Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the proposal would preserve the setting of the designated heritage assets in accordance with the National Planning Policy Framework (February 2019) and Policy EM11 of the Local Plan.

 Archaeology

The consideration of heritage assets is not limited to just above ground structures but also requires consideration of any archaeological interest that may be present on site. The application has therefore been accompanied by an Archaeological Assessment which has been subject to consultation with the HCC Archaeologist. The HCC Archaeologist confirms that there are no archaeological sites currently recorded at this location although there are archaeological sites from the prehistoric age onwards within the immediate vicinity. Therefore, given the nature of the archaeology of the area and the scale of the development, it is considered that the site does have archaeological potential in which archaeological remains might be encountered during development.

In considering the potential for the site, the HCC Archaeologist has reviewed the submitted Archaeological Assessment which included the results of a geophysical survey; however the area to be substantively developed lies outside of the extent of the survey therefore no further insight is given into this area. Whilst this area has been subject to ploughing, the Archaeological Assessment concludes that there is a lack of archaeology on site which in turn has been considered by the HCC Archaeologist as ‘over confident’. Given that the Archaeological Assessment has not ruled out the presence of archaeological remains, it is recommended that further archaeological work should be secured by planning conditions to require a further stage of archaeological survey and then recording of archaeological remains identified. Subject to the inclusion of conditions, the proposal is considered to accord with the National Planning Policy Framework (February 2019) and Local Plan Policy EM11.

Land contamination

Local Plan Policy EM12 seeks to protect health and the natural environment from polluting effects as a result of existing, historic or nearby land uses and activities. On the grounds that housing development is sensitive to the impacts of soil contamination, with the site also historically located in proximity to former gas works, the application was subject to review by Environmental Health. It has been recommended that, given the potential for contaminating land uses at this site, further ground investigation works are required with consideration required to producing a scheme of remediation. This requirement is secured by planning conditions. The proposal is therefore considered to accord with Policy EM12 of the Local Plan.

Energy Efficiency

Policy EM9 of the Local Plan sets out a requirement to ensure that water resources within new development are used sustainably through the imposition of a water efficiency standard of 110 litres or less per person per day. No detail has been provided at this outline stage to detail how the development would accord with this requirement, with the supporting Planning Statement confirming that this will be dealt with by way of planning condition. A planning condition is therefore attached to the recommendation to require consideration of this policy.

Policy EM10 b) and f) additionally require that new development incorporates and/or promotes renewable and low carbon energy technologies. No detail has been provided at this outline stage to detail how the development would accord with this requirement, however this could reasonably be addressed as part of the reserved matters. Planning conditions and an informative are therefore attached to the recommendation to require consideration of this criteria and to help ensure the proposed development would respond to the Council Climate Change Emergency.

Flood Risk and Drainage

Policy EM7 of the Local Plan requires that a sequential approach is applied to account for all sources of flooding thus directing new development away from areas at highest risk or alternatively demonstrating that development is flood resilient and resistant. This requires taking advice from the Environment Agency and Lead Local Flood Authorities to ensure that risks of flooding are adequately managed.

 Flooding

The Environment Agency Flood Risk Maps position the site as lying wholly within Flood Zone 1 giving the site a low risk of flooding (less than 1 in 1000 annual probability). The site has therefore not been the subject of objection on fluvial flood risk grounds and is deemed, on a sequential basis, to be an appropriate location for the development with no impact upon conveyance of fluvial flood flows or floodplain storage capacity off site. The site is also at a low risk of ground water and pluvial flooding and is located outside of any locally designated critical drainage area. The site has therefore not been the subject of objection on fluvial flood risk grounds and is deemed, on a sequential basis, to be an appropriate location for development.

 Surface Drainage

The Environment Agency Surface Water mapping shows the majority of the site as lying within an area at ‘very low’ risk of surface water flooding. There is also however a narrow surface water flow route which cuts across the proposed access road but there are no records of surface water flood events at the site.

The application was supported by a drainage strategy which indicated that it is proposed to address surface water run-off through the use of swales to an infiltrating attenuation basis located to the north of the proposed dwellings. This system is intended to accommodate flows from a 1 in 30yr storm event and will also be designed to accommodate the 1 in 100 year (plus 40%) climate change storm. This proposal has been subject to review by the Lead Local Flood Authority with no objection raised therefore the proposal is considered to be acceptable on the grounds of flooding and drainage and accords with Policy EM7 of the Local Plan.

 Ground Water and foul drainage

Policy EM6 of the Local Plan affords protection to, and seeks improvements to water quality from proposals affecting Source Protection Zones in order to protect against a deterioration of water quality and pollution of the water source. Southern Water have confirmed that the site would lie within a Source Protection Zone around a public water supply source as defined under the Environment Agency’s Groundwater Protection Policy. In response, the Environment Agency has therefore advised that foul drainage should be connected to the public mains where possible to avoid a proliferation of individual treatment plants that could cause deterioration in local water quality.

The site at Oakley Hall lies in an area where there is an absence of existing foul drainage infrastructure. The neighbouring care home treats foul flows and disposes of effluent via a drainage field and it is proposed to also treat foul flows from the residential development in the same manner. For the development, wastewater would be conveyed by gravity to an on-site foul treatment plant located to the north of the main development area. This plant would be a single packaged system which treats effluent through the use of settlement tanks and biological action with treated flows discharged to a drainage field. The method of foul drainage may require an Environmental Permit which is administered by the Environment Agency and therefore sits outside of the planning process.

 Water supply

The provision of a water supply would again be the statutory responsibility of South East Water through agreement secured under the Water Industries Act 1991.

Community Engagement

The NPPF strongly encourages early community engagement advising that, where it can be demonstrated that Applicants have worked closely with those directly affected by the development, the design of the proposal should be looked upon more favourably. A supporting Statement of Community Engagement to this application has set out that engagement was carried out with key stakeholders such as Oakley and Deane Parish Council, Oakley and North Waltham ward members and the local community. Engagement was carried out in the form of pre-application discussions, distribution of a leaflet to over two thousand properties, a public exhibition held in July 2018 and use of social media.

Community Infrastructure Requirements

Policies CN1, CN6, CN8, EM4 and EM5 of the Local Plan and the accompanying Planning Obligations for Infrastructure SPD (March 2018) seek to ensure that new development does not result in an adverse effect on existing infrastructure, and makes appropriate provision to mitigate documented impacts. The application has been scoped and a S106 agreement is being prepared to secure: - Affordable Housing in the form of an offsite financial contribution equivalent to the onsite requirement to accord with Policy CN1. - A minimum of 2534.4sqm of on-site multi-functional green space including a kickabout area of a minimum 1600sqm with a 10m buffer to housing - Landscape Management Plan. - Mitigation and long term management to ensure nitrate neutrality. - A Biodiversity Enhancement and Management Plan.

The mitigation sought is deemed to accord with the tests as set out within the Community Infrastructure Levy Regulations 2015, namely that a planning obligation must be (a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

Basingstoke and Deane Borough Council also 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 and it will be necessary for the submission of the required forms for CIL contributions to be calculated, as applicable, with any application for reserved matters.

Other matters

The application has been subject to concerns expressed through the representations as to the formation, consultation and content of the Oakley and Deane Neighbourhood Plan drawing reference to the plan-making stage. Concerns are also directed towards the composition of the Parish structure and its administration as well as the impact of the Oakley and Deane Neighbourhood Plan upon the settlement of Steventon which sits close to, but outside of the Neighbourhood Plan area. Whilst these concerns are noted, this are matters that fall outside of the consideration of this planning application, which is required to be determined having regard to the development plan and any other material planning considerations. It is not the purpose of a planning application to revisit the discussions and policies of the Neighbourhood Plan during is preparation, nor can the planning application revoke, withdraw or suspend the Neighbourhood Plan.

Concerns have also been expressed in relation to the outcome of the examination process for the Neighbourhood Plan which initially included a vision for a retirement village at Oakley Hall. This was initially to comprise of 120-150 dwellings as part of the overall requirement for 150 dwellings to be delivered within the Parish through neighbourhood planning. This vision continues to be referred to within supporting text of the made Neighbourhood Plan (paragraph 6.1.6). At examination, the provision of the retirement village however was deleted from the Neighbourhood Plan policies leaving a provision of ‘approximately 30’ dwellings which as such, have no occupancy or site specific requirements. The consideration of a retirement village at this site is subject to a separate planning application under reference 20/01586/OUT which remains under consideration.

Pre-commencement planning conditions

The recommendation proposes a number of pre-commencement planning conditions therefore in accordance with section 100ZA of the Town and Country Planning Act 1990 and the Town and Country Planning (Pre-commencement Conditions) Regulations 2018, the Local Planning Authority served notice upon the applicant on the 22nd October 2020 to seek agreement to the imposition of such conditions and the response will be reported on the Update Paper.

Conditions

1. The development hereby permitted shall be carried out in substantial accordance with the following approved plans: - Site Location Plan – drawing no PLN001 - Parameters Plan – drawing no PLN002 Rev A - Proposed Site Access Arrangement – Option 1 – drawing no 140441-05 Rev B - Proposed Site Access Arrangement – drawing no 140441-09 Rev A.

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

2. Details of the appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved. REASON: To comply with Article 4 of the Town and Country Planning (General Development Procedure) Order 2015 (or any order revoking and re-enacting that Order) and in order to secure a satisfactory development and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 – 2029 as well as Policy 13 of the Oakley and Deane Neighbourhood Plan 2011- 2029.

3. Applications for approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission. REASON: To comply with Section 92 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.

4. The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matter to be approved. REASON: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51(2) of the Planning and Compulsory Purchase Act 2004) and to prevent an accumulation of unimplemented planning permissions.

5. No development or other operations (including site preparation and any groundworks) shall commence on site until a site specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to: - Procedures for maintaining good public relations including complaint management, public consultation and liaison; - Arrangements for liaison with the Council’s Environmental Protection Team; - All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 0730 Hours and 1800 Hours on Mondays to Fridays and 0800 and 1300 Hours on Saturdays and; at no time on Sundays and Bank or Public Holidays; - Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above; - Mitigation measures as defined in BS 5528: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works. - Procedures for emergency deviation of the agreed working hours; - Control measures for dust and other air-borne pollutants; - Measures for controlling the use of site lighting whether required for safe working or for security purposes. REASON: The Council encourages all contractors to be ‘Considerate Contractors’ when working in the Borough by being aware of the needs of neighbours and the environment and in the interests of residential amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029. Details are required in the absence of accompanying the planning application.

6. No development or other operations (including site preparation and any groundworks) shall commence on site until a Construction Method Statement that demonstrates safe and coordinated systems of work affecting or likely to affect the public highway and or all motorised and or non-motorised highway users, has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall include for: i. means of direct access (temporary or permanent) to the site from the adjoining maintainable public highway; ii. the parking and turning of vehicles of site operatives and visitors off carriageway (all to be established within one week of the commencement of construction works (including ground works) pursuant to the development hereby approved); iii. loading and unloading of plant and materials away from the maintainable public highway; iv. storage of plant and materials used in constructing the development away from the maintainable public highway; v. wheel washing facilities or an explanation why they are not necessary; vi. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; vii. measures to control the emission of dust and dirt during construction; viii. a scheme for recycling and disposing of waste resulting from construction work; and the management and coordination of deliveries of plant and materials and the disposing of waste resulting from construction activities so as to avoid undue interference with the operation of the public highway, particularly during the Monday to Friday AM peak (06.30 to 09.30) and PM peak (16.00 to 18.30) periods. ix. the routes to be used by construction traffic to access and egress the site so as to avoid undue interference with the safety and operation of the public highway and adjacent roads, including construction traffic holding areas both on and off the site as necessary. REASON: In the absence of details being provided to accompany the planning application, details are required to ensure that the construction process is undertaken in a safe and convenient manner that limits impact on local roads and the amenities of nearby occupiers, the area generally and in the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

7. No development or other operations (including site preparation and any groundworks) shall commence on site until a Tree and Hedgerow Protection Plan has been submitted to and approved in writing by the Local Planning Authority to secure protection to trees and hedgerows which are to be retained on or close to the site (including the new access). The approved tree and hedgerow protection shall be erected prior to any site activity commencing and maintained until completion of the development. No development or other operations shall take place other than in complete accordance with the Tree and Hedgerow Protection Plan. REASON: Details are required prior to commencement to ensure that reasonable measures are taken to safeguard protected/important landscape trees in the interests of local amenity and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 as well as Policy 9 of the Oakley and Deane Neighbourhood Plan 2011-2029.

8. No development or other operations (including site preparation and any groundworks) shall commence on site until a Wildlife Enhancement and Mitigation Plan has been submitted to and approved in writing by the Local Planning Authority. The Wildlife Enhancement and Mitigation Plan shall have regard to the measures set out within the Ecological Impact Assessment by ACD Environmental dated August 2018 relating to protected species. This plan shall detail the specific measures for bats, dormice, breeding and wintering birds and badgers and shall include a plan indicating the locations of all artificial roosting/nesting sites for bats and breeding birds. The development shall be carried out in accordance with the approved details. REASON: In the absence of being submitted to accompany the application, details are required prior to commencement to secure the protection of species protected under The Conservation of Habitats and Species Regulations 2017 and The Wildlife and Countryside Act 1981 and in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029.

9. No development or other operations (including site preparation and any groundworks) shall commence on site until the applicant has secured the implementation of a programme of archaeological assessment in accordance with a Written Scheme of Investigation (WSI) that has first been submitted to and approved by the Planning Authority in order to recognise, characterise and record any archaeological potential that may exist as well as confirming the reporting process for the results of the WSI. The investigation shall be carried out in accordance with the details so approved again prior to any site preparatory works. REASON: Details are required prior to commencement to allow for the recording of items of archaeological interest in accordance with the advice contained within the National Planning Policy Framework (2019) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

10. If the results of the programme of archaeological assessment under condition 9 are deemed significant by the Hampshire County Council Archaeologist, then it will be necessary to carry out a programme of archaeological mitigation (PAM). Unless otherwise agreed in writing by the Local Planning Authority the PAM must be carried out prior to development taking place, and accordance with a further Written Scheme of Investigation that has first been submitted to, and approved by, the Local Planning Authority. Upon completion of all archaeological fieldwork, a report must be produced in accordance with an approved programme including, where appropriate, a post-excavation assessment consisting of specialist analysis and reports together with a programme of publication and public engagement. REASON: Details are required prior to commencement to ensure appropriate mitigation and recording of archaeology in order to contribute to the knowledge and understanding of our past by ensuring that information regarding heritage assets is preserved by record for future generations in accordance with the advice contained within the National Planning Policy Framework (2019) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

11. No development shall take place (including site preparation and ground works) until there has been submitted to and approved in writing by the Local Planning Authority:- (a) a desk top study carried out by a competent person documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2011, and a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice; and, unless otherwise agreed in writing by the Local Planning Authority, (b) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring. The development shall be carried out in accordance with any approved remedial works and measures. 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 first 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’. The development shall be carried out in accordance with any approved appropriate remediation scheme. REASON: In the absence of sufficient details accompanying the application, further information is required prior to commencement 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.

12 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 11(b) that any remediation scheme required and approved under the provisions of condition 12(b) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise: - as built drawings of the implemented scheme; - photographs of the remediation works in progress; - Certificates demonstrating that imported and/or material left in situ is free of contamination. Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 11(b). REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to 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.

13. No development or other operations (including site preparation and any groundworks) until full details of all works to be undertaken within the public highway have been submitted to and approved in writing by the Local Planning Authority, pursuant to an Agreement to be made under Section 278 of the Highways Act 1980 between the Developer and the Local Highway Authority. The alterations to the highway shall be constructed to the satisfaction of the Local Planning Authority before any part of the development is brought into use. REASON: Details are required prior to development in the absence of being secured within the application documentation and in the interests of highway safety in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

14. No development above ground floor slab level shall commence on site until full details of the types, textures and colours of all external materials to be used together with samples have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved. 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 and Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029. Details are required in the absence of being provided to accompany the planning submission.

15. Applications for the approval of reserved matters shall be in accordance with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 2 of the Oakley and Deane Neighbourhood Plan 2011-2029 with particular regard to the provision of an appropriate housing mix and a minimum of 15% of dwellings to be built accessible and adaptable standards to enable people to stay in their homes as their needs change. Development shall be carried out in accordance with the approved details. REASON: To ensure an appropriate co-ordinated high quality form of development and to accord with the National Planning Policy Framework, Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 2 of the Oakley and Deane Neighbourhood Plan and the Housing Supplementary Planning Document.

16. No development above ground floor slab level shall commence on site until a fully detailed lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include full lighting specifications and address the cumulative effects of external lighting sources upon nocturnal animals sensitive to external lighting (such as owls, bats and dormice). The lighting shall be installed before the development is first occupied and shall thereafter be operated and maintained in accordance with the approved scheme. REASON: In the interests of the amenities of the area and potential impact upon foraging bats in accordance with Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029. Details are required prior to development in the absence of being provided within the application documentation. 17. No development above slab level shall occur until a scheme for protecting the proposed dwellings from amplified music noise emanating from events at Oakley Hall has been submitted to and approved in writing by the Local Planning Authority. All works which form part of the scheme shall be completed in accordance with the approved scheme before any of the permitted dwellings are first occupied and shall be thereafter maintained in accordance with the approved details. REASON: To ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

18. No development above slab level shall take place on site until details of the refuse and recycling storage and collection facilities have been submitted to and approved in writing by the Local Planning Authority. All dwellings shall provide for 1 number 140ltr refuse 2-wheeled bin, 1 number 240ltr recycling 2-wheeled bin and 1 number glass recycling box within their respective curtilages with a transit route between the storage and collection point not more than 15 metres carrying distance from the carriageway. The areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling. The approved details shall be constructed and fully implemented before the use hereby approved is commenced and shall be thereafter maintained in accordance with the approved details. REASON: Details are required in the absence of accompanying the application and in the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

19. The development hereby permitted shall not be occupied until provision for the turning, loading and unloading, and the parking of vehicles and cycles has been made within the development and the areas of land so provided shall not be used for any purpose other than for the turning, loading and unloading and parking of vehicles with all garages also permanently retained for the purposes of the parking of vehicles and cycles. The access road and turning area shall be constructed to the equivalent of adoptable standards that thereafter maintained to a suitable condition to withstand repeated use by delivery vehicles or a waste collection vehicle of a minimum gross weight of 26 tonnes. REASON: To secure an adequate parking provision that discourages on street parking in order to provide safe and convenient access for all users in the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

20. No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730; nor after 1800; Monday to Friday, before the hours of 08:00; nor after 1300; Saturdays nor on Sundays or recognised bank or 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.

21. No work relating to the construction of the development hereby approved, including site 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 bank or 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.

22. The development shall be carried out in accordance with the drainage proposals outlined within:  Flood Risk Assessment incorporating surface water and foul drainage strategy with full appendices prepared by Odyssey dated October 2018  Flood Risk Assessment – Addendum no 1 by Odyssey dated January 2019. The approved scheme shall be implemented before the development is first occupied and be maintained as such. REASON: To ensure that the development is adequately drained in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.

23. No development above ground floor slab level shall commence on site until a Construction Statement detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day (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) shall be submitted to and approved in writing by the Local Planning Authority. 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.

24. Applications for the approval of reserved matters shall be supported by a statement of how the development will be of a high quality of sustainable design. This will include reference to how the layout, design and construction of the development will involve the efficient use of natural resources through reducing resource requirements in terms of energy demands and water use; the consideration of opportunities for renewable and low carbon energy technologies; the use of passive solar design to maximise the use of the sun’s energy for heating and facilitate sustainable cooling of buildings; and the mitigation of flooding, pollution and overheating. REASON: To ensure an appropriate co-ordinated high quality form of development in accordance with policies CN1, CN3, CN5, CN6, CN9, EM1, EM4, EM5, EM10, EM11 and EM12 of the Basingstoke and Deane Local Plan 2011-2029, the Design and Sustainability Supplementary Planning Document, Housing Supplementary Planning Document, the Landscape, Biodiversity and Trees Supplementary Planning Document, and the National Planning Policy Framework.

25. No dwelling shall be occupied until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the Local Planning Authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980 or a private management and maintenance company has been established - details of which shall have first been submitted to and approved in writing by the Local Planning Authority. REASON: To ensure satisfactory development and in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

26. Applications for the approval of reserved matters shall be accompanied by a scheme for the provision of Electric Vehicle Charging Infrastructure for both unallocated and allocated parking spaces. The development shall then proceed in full accordance with the approved scheme. REASON: To ensure that the development provides opportunities for sustainable transport modes in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029, the Basingstoke and Deane Parking Supplementary Planning Document, paragraph 110(e) of the National Planning Policy Framework.

27. No part of the development shall be occupied until cycle parking facilities have been provided in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details. REASON: Details are required because insufficient information has been submitted with the application in this regard, to improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

28. Applications for the approval of landscape reserved matters shall be accompanied by the following details as a minimum:  Hard landscape details shall include the design, type, position and scale of boundary treatments, boundary treatment materials (including finishes) and hard surfacing materials and minor artefacts (e.g. furniture, refuse or other storage units, signs, lighting, external services).  Soft landscape details shall include full planting plans, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, planting sizes and proposed numbers /densities where appropriate. The landscaping scheme shall where reasonably practicable retain and enhance the existing boundary hedgerows.  Ground levels or contours.  Tree planting schedule to include the details of the new tree genus and species with use of native woodland species where appropriate as well as tree sizes and pit rooting details following advice contained within BS:8545: 2014 Trees: From nursery to independence in the landscape – Recommendations;  The specification of tree planting pits together with a method statement for their construction and details of any irrigation or drainage infrastructure, tree root barriers (if necessary) to prevent damage or disruption to any proposed hard surfacing or underground services, drains or other infrastructure (including details of the location of external lighting) sufficient to demonstrate how the development is to be serviced without conflict to tree planting, with allowance for reasonable growth. Where applicable, tree pits shall utilise shared trenches and soil cells to allow adequate rooting area to extend underneath the proposed hard surfacing.  An implementation programme. The development shall be carried out and thereafter maintained in accordance with the details so approved, (and in accordance with the separate S106 Landscape Management Plan, to include detailed long term design objectives, management responsibilities and maintenance schedules for all landscape areas to address all operations to be carried out in order to allow successful establishment of planting and the long term maintenance of the landscaping in perpetuity, and including provisions for review at least every five years). Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority. REASON: To ensure the provision, establishment and maintenance of a high standard of landscape in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policy 9 of the Oakley and Deane Neighbourhood Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document.

Informative(s):-

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

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

1.3 - The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. The fee chargeable is £116 per request or £36 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.

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

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

 proactively offering a pre-application advice;  seeking further information following receipt of the application;  considering the imposition of conditions and the completion of a s.106 legal agreement (in accordance with paragraphs 54-57). In this instance:  the applicant was updated of any issues after the initial site visit;  was provided with pre-application advice.

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

4. The applicant is advised that all arboricultural matters presented at the reserved matters should demonstrate compliance with the principles and guidance with the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).

5. The Applicant is advised that in relation to condition 16, accessibility and adaptability standards are achieved by meeting requirement M4(2) or M4(3) of the Building Regulations 2015 or any subsequent government standard.

6. Birds nests, when occupied or being built, receive legal protection under the Wildlife and Countryside Act 1981 (as amended). It is highly advisable to undertake clearance of potential bird nesting habitat (such as hedges, scrub, trees, suitable outbuildings etc.) outside the bird nesting season, which is generally seen as extending from March to the end of August, although may extend longer depending on local conditions. If there is absolutely no alternative to doing the work in during this period then a thorough, careful and quiet examination of the affected area must be carried out before clearance starts. If occupied nests are present then work must stop in that area, a suitable (approximately 5m) stand-off maintained, and clearance can only recommence once the nest becomes unoccupied of its own accord. 7. Consent under the Town and Country Planning Acts must not be taken as approval for any works carried out within or over any footway, including a Public Right of Way, carriageway, verge or other land forming part of the publicly maintained highway. The development will involve works within the public highway. It is an offence to commence those works without the permission of the Local Highway Authority. In the interests of highway safety the development must not commence on-site until permission has been obtained from the Local Highway Authority authorising any necessary works, including street lighting and surface water drainage, within the publicly maintained highway. Public Utility apparatus may also be affected by the development. Contact the appropriate public utility service to ensure agreement on any necessary alterations. Advice about works within the public highway can be obtained from Hampshire County Council’s Area Office, telephone 0845 603 5633.

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

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

10. The applicant is advised that the provision of a site foul drainage treatment plant may require an Environmental Permit from the Environment Agency. Please see the following details: https://www.gov.uk/permits-you-need-for-septic-tanks for further advice.

11. This Decision Notice must be read in conjunction with a Planning Obligation completed under the terms of Section 106 of the Town and Country Planning Act 1990 (as amended). You are advised to satisfy yourself that you have all the relevant documentation.

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

13. The proposed access road and new Footpath will intersect Deane Footpath 4. There must be no surface alterations to a public right of way without the consent of Hampshire County Council as Highway Authority. To carry out any such works without this permission would constitute an offence under s131 Highways Act 1980. Public vehicular access rights will need to be dedicated and a suitable crossing provided, a Highway Agreement will be required to be made with Highways Development Control which must take account of the impacts on Deane Footpath 4.

14. The applicant is advised that details to be submitted to fulfil pre-commencement planning conditions attached to this outline planning permission must have the content and detail sitting consistent with any future reserved matters approval at the point of determination.

15. 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.

16. All cycle and car parking shall be in accordance with the quantum and dimensions set out within the Parking Supplementary Planning Document (2018).

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

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

19. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning- application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.

Location Plan

Parameter Plan

Illustrative layout

Proposed site access

Minors

Cttee: 11 Item No. 2 November 2020

Application no: 18/02954/FUL For Details and Plans Click Here

Site Address Lower Farm Basingstoke Road Ramsdell RG26 5RD Proposal 1 no. new grain store with grain drying facilities, associated hardstanding to provide safe access, demolition of existing redundant buildings, relocation of fertiliser storage tanks, construction of weighbridge and construction of approximately 2171m of farm access tracks.

Registered: 23 October 2018 Expiry Date: 31 January 2019 Type of Full Planning Case Officer: Russell Stock Application: Application 01256 845244 Applicant: The Manydown Agent: Miss Alice Hare Company Limited Ward: Sherborne St. John Ward Member(s): Cllr Tristan Robinson

Parish: WOOTTON ST OS Grid Reference: 459194 156301 LAWRENCE CP

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

Reasons for Approval

1. The development would support rural economic growth at the farm in line with the objectives of the National Planning Policy Framework 2019 and Policy EP4 of the Basingstoke and Deane Local Plan 2011-2029.

2. The proposed development would provide safe accesses and would not have a severe impact upon the local highway network in accordance with highway requirements. The addition of farm tracks would reduce the number of farm vehicles from the local highway network than that of the existing situation and as such would accord with the objectives of the National Planning Policy Framework 2019 and Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3. The proposed development would not have an adverse impact upon the heritage and architectural value of the surrounding heritage assets. As such, the development would comply with Section 16 of the National Planning Policy Framework (February 2019) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.

4. Whilst there is a landscape impact, and this weights against the development, the mitigation proposed is such that, on balance, and taking the benefits of the scheme in to account, that the development can be accepted.

5 The proposal would not result in any significant harm to the amenities of neighbouring properties. The proposal would therefore accord with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

General comments

This application is brought to the Development Control Committee in accordance with the scheme of delegation given the Officer's recommendation for approval and the number of objections received.

Planning Policy

The application site falls outside of any Settlement Policy Boundary and within the North Wessex Downs Area of Outstanding Natural Beauty (AONB).

National Planning Policy Framework (NPPF) (February 2019)

Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 6 (Building a strong, competitive economy) Section 9 (Promoting sustainable transport) Section 12 (Achieving well-designed places) Section 15 (Conserving and enhancing the natural environment) Section 16 (Conserving and enhancing the historic environment)

National Planning Practice Guidance

Basingstoke and Deane Local Plan 2011-2029

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

Wootton St Lawrence Parish Neighbourhood Plan 2016 – 2029 (WSLNP)

Policy WSL 3 (Public Rights of Way) Policy WSL 4 (Light Pollution) Policy WSL 10 (Employment Sites)

Supplementary Planning Documents and Guidance (SPD's and SPG's)

Design and Sustainability SPD (2018) Planning Obligations for Infrastructure SPD (2018) Landscape, Biodiversity and Trees SPD (2018) Parking Standards SPD (2018) Heritage SPD (2019)

Other material documents

The Community Infrastructure Levy Regulations 2010 (as amended) North Wessex Downs Area of Outstanding Natural Beauty Management Plan 2019- 2024 Section 66 of the Planning (Listed Building and Conservation Area) Act 1990

Description of Site

Lower Farm comprises of four detached agricultural buildings of varying scales and appearance. There are also four storage tanks located within the yard which is hard surfaced. The site lies to the south/west of Basingstoke Road. The proposed building would be sited to the south of the existing barns within an area currently housing storage tanks. Arable farmland surrounds the site to the east, west and south with two cottages, within the control of the applicant, located directly to the north. The surrounding agricultural land is open and views are afforded across the AONB from the surrounding footpath and highway networks. A backdrop of woodland forms much of the skyline.

The proposed agricultural tracks would pass through/along the edges of arable farmland. Fields are generally large and enclosed by tree/hedging. The landform is undulating.

Proposal

This application seeks permission for the erection of a steel portal framed grain store measuring 36.9m in length, 26m in width and 11.1m in height. The elevations of the building are proposed to be clad in Juniper Green coloured box profile sheeting over concrete grain walling. The front (north-west) elevation would provide four roller shutter doors and two personnel doors. The development also seeks permission for the relocation of storage tanks, the demolition of a disused agricultural building, the creation of a Weighbridge and an extension to the yard at Lower Farm.

The proposed agricultural tracks would extend from Woodgaston Farm which lies to the north of the A339, to Manor Farm within the village of Wootton St Lawrence, covering approximately 2171 metres. The proposed tracks would cross the Wootton St Lawrence Byway Open to All Traffic (BOAT) 9 to the north of Old Landes Bungalow and then the A339 just to the south (in the location of the laybys). The track would then run southward along the eastern boundary of BOAT 9 until it crosses BOAT 15 at Whitedown where it would continue southwards to Manor Farm.

Amended plans were received on the 8th September 2020 which re-routed the section of track between Woodgaston Farm and BOAT 9 to the north of Old Landes Bungalow. These changes were as a result of comments received in relation to heritage matters.

Consultations

Wootton St Lawrence Parish Council:

Comments dated 13th November 2018

“Wootton St Lawrence Parish Council ask for reassurance that the weighbridge is not for public use.

Also reassurance that the farm traffic will use the proposed network of farm tracks rather than the lanes where ever possible.

The reason for our concern being that the lanes through Ramsdell are already frantic with lorries going to and from the Brick Kiln.

We feel that any increase in heavy vehicles using the Ramsdell lanes should be discouraged.”

Comments dated 12th November 2019

“Wootton St Lawrence Parish council objects to planning application 18/02954/FUL for the following reasons:

The Parish Council questions the location of Lower Farm as being a central point for the Manydown Farming Estate. With regards to tractors bringing grain from the estate to the proposed dryer much of the farmed land is located south of the A339, meaning heavy laden tractors and wide trailers using village lanes as well as crossing the A339. Although it is suggested that the farm vehicles will use farm tracks rather than the lanes the lorries coming in to collect the grain will be using the lanes. Access to the site from the A339 is a very narrow village lane with small passing places, blind bends and with the lane narrowing at the junction onto the A339. This raises safety concerns over large HGV's accessing the proposed site.

The Parish Council also has concerns over the visual impact that the barn will have on the landscape and we do not feel that the proposed landscaping will make much difference. The site is within the North Wessex Downs AONB with access to footpaths within the site. Policy WSL3 and the Countryside and Environment Objectives of the Wootton St Lawrence Neighbourhood Plan state that access to the countryside and the 'open views' of the parish are to be protected. The large scale farming practices this proposal seeks to implement will inflict on the public’s safety when accessing the network of footpaths and BOAT located at this site.”

Biodiversity Officer: 1st Comments – Further information required. 3rd Comments – Bat emergence survey required. 4th and final comment – No objection, subject to condition.

Landscape Officer: 1st Comments – Amendments required. 2nd and final comments – Conditions suggested.

Conservation Officer: No objection.

Environmental Health Officer: No objection, subject to conditions.

Hampshire County Council Highways Officer: 1st Comments – Further information required. 2nd Comments – Further information required. 6th and final comments – No objection, subject to amended plan.

Hampshire County Council Public Rights of Way Officer: 1st Comments – Further information required. 2nd and final comments – Objection.

Hampshire County Council Archaeology Officer: 1st Comments – Concerns raised. 2nd Comments – No objection subject to conditions. 3rd and final comments – No objection.

Historic England: - 1st Comments – Concerns raised. 2nd and final comments – No objection.

North Wessex Downs AONB Management Team – No response received.

Public Observations

Three letters of objection received and summarised as follows:

 The proposed grain store and tracks would harm the AONB landscape.  Farm traffic crossing the A339 would result in highway safety implications given the size and speed of such vehicles.  Visibility is poor at the proposed access onto the A339 near to Woodgarston Farm.  The use of the Basingstoke Road, the U256 from the A339 to service the new building is of concern. The road is narrow and not suitable for large HGV’s or increased levels of traffic. There are no passing places which would accommodate larger vehicles.  The junction of the Basingstoke Road with the A339 is poor and the increase in vehicles associated with the development would add to an already hazardous situation.  The access to Lower Farm from the Basingstoke Road is on a dangerous bend.  The surrounding country lanes are already suffering from over use, excessive speeding, litter and size of vehicle. The haunches of the lanes are badly damaged as are the road surfaces. They are also prone to surface water.  The proposed tracks would not be used by vehicles transporting grain from outside the estate which will use the highway network.  The proposed trees and hedges would take time to establish, in the meantime, views of the development would be afforded.  The proposed building and farm tracks would have an adverse impact in an important and protected AONB landscape setting. The development would have adverse impacts from considerable distances.  Lower Farm is at the edge of the Manydown Estate, other farms within the Estate would be more suitable for the proposed development. Woodgarston Farm should be looked at as an alternative.  There is no requirement for the proposed grain store. The Manydown Estate will be reducing in size shortly.  The development would result in increased pollution.  The grain store would free up existing sites, which could be put forward for housing development.  There would be no social benefit, or benefit to the residents of Ramsdell or other villages, as the applicants suggest, rather harm.  The submitted plans are poor and do not appropriately show the development proposed.

Relevant Planning History

19/00011/AGPD Steel portal framed grain store Prior Approval Required 30.01.2019

Prior Approval was stated as required for the erection of the grain store (identical to that proposed under the current application) given the siting of the development within the AONB, with respect to the siting, design and external appearance of the development. Further details were not received for 19/00011/AGPD, rather a Landscape and Visual Impact Assessment was submitted under the current FUL application.

Assessment

Principle of development

Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. In this case the development plan for the area is the Basingstoke and Deane Local Plan 2011-2029 and the Wootton St Lawrence Parish Neighbourhood Plan 2016 – 2029 (WSLNP). At a national level, the National Planning Policy Framework (NPPF) constitutes guidance which the Local Planning Authority 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.

Paragraph 83 of the NPPF provides support for economic growth in rural areas in order to create jobs and prosperity. Local Planning Authorities are encouraged to support the sustainable growth and expansion of all types of businesses and enterprises in rural areas and the provision of well-designed new buildings is also generally supported.

The most relevant Local Plan policy for the proposed development would be EP4. This policy supports economic uses within the countryside, subject to the proposal falling within the forms of development set out in the policy and meeting a number of specified criteria. The policy applies to use classes B1, B2 and B8 proposals and other proposals for rural economic development, including agriculture. The policy is spilt into two sections, criterions a) – e) address the principle for allowing such development whilst criterions f) - i) cover the appropriateness and impacts of such development.

In this instance criterion d) of Policy EP4 is considered to be most relevant. This states:

To support the rural economy, development proposals for economic uses in the countryside will be permitted where they: d) enable the continuing sustainability or expansion of a business or enterprise, including development where it supports a farm diversification scheme and the main agricultural enterprise;

The applicant states that grain storage is fundamental to the agricultural business and the current facilities within the Estate are sub-optimal in quality and quantity with limited drying facilities. The applicants Planning Statement notes that the proposal would enable the continued sustainability of an existing agricultural enterprise which needs to modernise its facilities to ensure that the business is future-proofed. The applicant sets out the current level of grain storage and grain drying capacity across the Estate as well as predicted requirements. This information highlights that there would be a need for an additional 1,018 tonnes of storage capacity. Furthermore, the applicant highlights the insufficient and unsuitable nature of the drying facilities which exist within the Estate. The proposed drying system to be contained within the new building is noted as being more efficient and cost effective than the existing facilities contained within the estate.

Having regard to the information provided with the applicants Planning Statement, it is considered that the need for the proposed building has been justified. The building would enable the continuing sustainability of the agricultural enterprise in accordance with Policy EP4.

Whilst the provision is made within the General Permitted Development Order for new agricultural buildings, in this instance, the proposals would not fall within the remit of ‘permitted development’ due to its siting, design and potential landscape impacts. Further discussion of this can be found within the officers report associated with application 19/00011/AGPD.

The proposals also include the provision of approximately 2,171m of farm access tracks. The applicant sets out that such provision would minimise agricultural traffic on the local roads. Specifically, the applicant states that the tracks would remove agricultural traffic from the Basingstoke Road, Kingsclere Road (A339), Hook Lane between the A339 and Wootton St Lawrence, the single-track road from the A339 to Monk Sherborne and the single-track road from the A339 south to Manor Farm at Wootton St Lawrence.

Such works are also considered to fall within the remit of Policy EP4 d) as they would form part of the continuing operations of the existing agricultural enterprise. It is noted that such works would not be ‘permitted development’ under Class A, Part 6, Schedule 2 of the General Permitted Development Order 2015 (as amended) given that part of the development would fall within 25 metres of a truck or classified road.

In order to fully comply with Policy EP4, development needs to accord with criteria f) – i). These are set out as following:

“All development proposals must be well designed and of a use and scale that is appropriate to the site and location when considering: f) landscape, heritage and environmental impacts; g) the accessibility of the site; h) the impacts on the local highway network including the type of traffic generated, the appropriateness for the rural roads and the impact on their character; and i) the need for residential accommodation on site.”

Further consideration to a number for these matters, including criteria f) – h) is set out within the sections below. Given the scale of the development proposed, there would be some impact resulting from the development. Consideration to the extent of any harm in relation to landscape matters is set out below and further regard is also had to highway matters. A balancing exercise, having due regard to such matters is also set out below. In respect to criteria i), the proposed building and its use would not result in a requirement for residential accommodation on the site.

Furthermore, Policy EP4 states that:

“Development proposals that result in an increase in HGVs on C and U class roads, or a significant increase in other traffic on C and U class roads will generally not be permitted.”

This matter is set out in more detail within the Highway Section below. An objection is not raised on this basis.

Policy WSL 10 of the WSLNP states that where new or extended employment uses are proposed, they will be permitted where they accord with all relevant development plan policies, including the criteria set out in Local Plan Policy EP4.

Therefore, subject to further consideration of criteria’s f), g) and h) below, the proposed development would accord with the requirements of Local Plan Policy EP4 which establishes the principle of the development. The development would subsequently accord with Policy WSL 10 of the WSLNP and furthermore, would be supported by the relevant sections contained within the NPPF.

Impact on the character of the area/ design

Section 11A(2) of the National Parks and Access to the Countryside Act 1949 and section 85 of the Countryside and Rights of Way Act 2000 require that ‘in exercising or performing any functions in relation to, or so as to affect, land’ in National Parks and Areas of Outstanding Natural Beauty, relevant authorities ‘shall have regard’ to their purposes for which these areas are designated.

Policy LA 06 of the North Wessex Downs AONB Management Plan 2019-2024 seeks to ‘ensure that all development in or affecting the setting of the AONB conserves and enhances the character, qualities and heritage of the North Wessex Downs landscape.’ Policy RLM 10 seeks to ‘support investment in new agricultural infrastructure and redevelopment of farm buildings where it increases the sustainability of local businesses and aligns with AONB purposes.’

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, landscape setting 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.

Paragraph 170 states that decisions should protect and enhance valued landscapes, whilst recognising the intrinsic character and beauty of the countryside. Furthermore, paragraph 172 of the NPPF states that great weight should be given to conserving and enhancing landscape and scenic beauty in Areas of Outstanding Natural Beauty which has the highest status of protection in relation to these issues.

Local Plan Policy EM1 states that proposals should be sympathetic to the character and visual quality of the area. They must respect, enhance and not be detrimental to the character or visual amenity of the landscape. Proposals must respect the sense of place, sense of tranquillity or remoteness, and the quiet enjoyment of the landscape from Public Rights of Way. Development proposals in the AONB or its setting will be determined in accordance with the NPPF and the criteria set out within the North Wessex Downs AONB Management Plan.

Policy WSL 3 of the WSLNP states that development proposals within the Plan Area must safeguard the character, use and amenity of existing footpaths and bridleways. Policy WSL 4 states that development proposals that include external lighting must be accompanied by a lighting scheme that has regard to the latest national design guidance. Where the proposal is for new or extended buildings, the submitted details should demonstrate that they have been designed to avoid unnecessary light spillage from internal lighting.

The application site is situated in a sensitive rural location, in open countryside to the north eastern edge of the North Wessex Downs Area of Outstanding Natural Beauty, west of the village of Monk Sherborne and south of Ramsdell. With regards to landscape character it is located within the Basingstoke Down landscape character area, the site and immediate context possessing a number of its key characteristics including a rolling landform, predominantly large scale arable fields, scattered farmsteads linked by small, narrow roads, low hedgerows with some woodland blocks and copses. Visually, the site is open and there are a number of views available from the local rights of way network as well as the Basingstoke Road.

The proposal submitted is for two main elements. Firstly, the construction of a new grain store, along with ancillary hard surfacing, demolition and landscaping, and secondly, the construction of a network of agricultural tracks within the surrounding field network. The site of the proposed grain store forms part of an existing complex of farm buildings, comprising barns and storage cylinders. The farm is part of the Manydown Estate and is one of a number of farmsteads of which the enterprise is comprised of.

The application has been supported by a detailed Landscape and Visual Impact Assessment (LVIA). This considers the impact of the proposed grain store within the landscape, having regard to the developments visual envelope and its sensitive siting within the AONB.

The Landscape Officer considers that with regards to the proposed grain store, the impacts on both landscape character and visual amenity would be significant, due to the scale and height of the new building, in relation to the existing buildings which are smaller and aligned differently on the site. However, this impact would be somewhat offset by the demolition of the redundant building, and the reduction in ground levels around the building which would reduce the perceived height of the building. Furthermore with the proposed mitigation planting, which would provide further screening and visual softening of the building, it is considered that the proposal could be accommodated within the landscape without harm.

With regards to the soft landscaping proposed around the site, this forms two main elements, a small copse to the northwest of the site, adjacent to the relocated storage tanks, and a linear belt of planting wrapping around the new building, to the east and south of the site. Amendments to the landscaping plan were received following comments from the Landscape Officer. As a result of these changes, the proposed planting around the new building would better relate and tie into the established vegetation, rather than appearing as an isolated and disconnected strip of planting. Soft landscaping conditions are required as insufficient information has been submitted as part of the application. A requirement for a maintenance program is also to be included.

In relation to the appearance of the proposed building itself, the proposal is to use ‘Juniper Green’ coloured cladding for the top wall sections. However, it is considered that an alternative colour should be used in order that the building can better relate, as far as possible, to the colour of existing buildings on the site. Of the two existing buildings, the darker colour is more favourable, due to its recessive nature within the landscape. Utilising a similar colour would avoid the introduction of a third elevational colour at the site, which could be visually jarring. A condition securing details of external materials is included.

The drawings don’t set out much detail with regards to the yard extensions in relation to surfacing, edging or specification, and further information is therefore required in order to ensure that this would be appropriate for the local context. Such details can be secured via conditions. From the plans submitted, the proposed weighbridge would lie flush with the yard. Further details of this structure can be secured via condition. Furthermore, in the absence with details of boundary treatments with the application, a condition is imposed to secure these, both for the site surrounding the proposed grain store, as well as the proposed farm tracks.

Given the sensitive location of the site in relation to light pollution, a condition securing details of any proposed external lighting is necessary.

In relation to the proposed agricultural tracks, the Landscape Officer notes that whilst these are extensive in length, they have been planned to run around field margins rather than cutting across fields, and are proposed to be constructed from materials which are considered appropriate in character for the rural, agricultural context of the site and environs. They advise these tracks are only constructed to the minimum width necessary, in order to reduce impacts on the landscape.

Subsequent to the initial submission, the applicant has provided details of the construction of the tracks following questions from the Case Officer. The applicant confirms that the tracks are to be used for transport during harvest and, other than around the crossing of the A339, would be formed by use (i.e. non-engineered) and thereafter maintained. Such maintenance would not likely require planning permission, falling with the remit of ‘permitted development’. The tracks are noted as being for summer use only and will not require excavation or soil removal. In light of this information, the initial concerns raised regarding the visual impact of the tracks are reduced, however as set out below, mitigation is still required in relation to the tracks. It is again noted that if the proposed tracks were beyond 25m of a trunk/classified road, then no planning permission would not be required, however as part of the proposed tracks are within 25m, then all of the tracks require permission.

The LVIA details proposed hedge gap filling and reinforcement for a section of BOAT 9. Such planting has been proposed in order to make the proposed grain store building acceptable in landscape terms, having regard to the views which would be afforded of this building from the surrounding PROW network.

The Rights of Way Officer raises concerns that the landscaping shown within the LVIA fails to adequately screen the proposed farm tracks from the affected PROW’s. They consider that this would be to the detriment of the amenity and recreational value of the Byways and the enjoyment gained from its use by the public. The proposed new tracks would lie adjacent to sections of BOAT 9 where gaps in hedging exist. Whilst such tracks are not uncommon within rural environments, it is considered reasonable, in order to screen such development from affected PROW’s, new/reinforcement planting be secured through the soft landscaping condition. Such planting would mitigate to an appropriate degree, the harm that these new tracks would cause to users of the effected PROW.

Therefore, whilst the development would have some impact upon its setting and result in a degree of harm, through an appropriate mitigation strategy which is to be secured via conditions, including reduced ground levels, external materials and planting buffers, the development would conserve the landscape and scenic beauty of the AONB.

Impact on heritage

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a statutory duty on Local Planning Authorities to have special regard to the desirability of preserving a listed building, or its setting, or any features of special architectural or historic interest it possesses. There are listed buildings within proximity to the application site and therefore regard has to be given to Section 66 in making a decision.

Paragraph 193 of the NPPF states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance. As acknowledged in paragraph 194 of the NPPF, development within the setting of a heritage asset may impact on its significance. Paragraph 196 of the NPPF provides that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.

The Historic Environment Officer has considered the proposed development having regard to the setting of two listed barns at Lower Farm, which are located approximately 170m to the north of the proposed grain store location. It is noted that whilst the agricultural building proposed is substantial and lies within the wider setting of the listed barns to the north, it is not considered that the proposed development would be harmful to the significance of the listed buildings. The listed barns are in a separate group and there are intervening existing modern farm buildings adjacent to the proposed development.

Given the proximity of a section of the initially proposed farm track to Woodgarston Ring Motte (a Scheduled Ancient Monument (SAM)), concerns regarding the impact of the proposals on this asset were raised by Historic England and the Hampshire County Council Archaeology Officer. Following receipt and consideration of these comments, the applicants submitted amended plans showing the re-routing of this section of track as to avoid enclosing the SAM with development. These amended plans were subsequently considered by Historic England and the Archaeology Officer and as a result of the amended routing, no objections have been raised by these consultees.

It is considered, having regard to the points made above, and having due regard for the requirements of Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, that the proposals would accord with the Section 16 of the National Planning Policy Framework (February 2019), Local Plan Policies EM10 and EM11, and relevant guidance, including that which is contained within the Heritage SPD.

Impact on neighbouring amenities

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.

Policy WSL 10 of the WSLNP states that where new or extended employment uses are proposed, they will be permitted where they would not adversely impact on the amenities enjoyed by nearby residential properties.

The closest neighbouring properties to the application site are 38 and 40 Basingstoke Road. These are sited approximately 75m to the north of the proposed grain store. It is noted that these dwellings are owned by the applicant. Fieldgate House is located approximately 140m to the east. The recently constructed Lower Manor House lies approximately 200m to the north of the proposed grainstore’s location. Given the degree of separation between neighbouring properties and the proposed development, there would not be any adverse impacts in relation to overbearing, loss of light, loss of privacy etc.

The new grain store is proposed in addition to the existing two grain storage buildings at Lower Farm, albeit of much larger capacity. The drying system to be used within the proposed building would rely on mechanical plant to effect the drying. This plant will usually consist of fan(s), a motor and vents/ducting. This type of plant has the potential to give rise to adverse noise at sensitive receptors, such as those located to the east and north of the site (nearby dwellings). This noise will need to be assessed and mitigated as may be appropriate. In considering the proposals, the Environmental Health Officer is satisfied that appropriate mitigation can be secured by way of condition.

In addition, the construction of farm tracks could also give rise to adverse impacts on amenity, where the construction is close to residential properties. The proposed tracks would run past the following residential properties (closest);

Old Landes Bungalow – within 4.5m of the dwelling, which is owned by the applicant;

1-4 Whitedown Cottages – within 15m of 4 Whitedown Cottage;

Whitedown House – within 50m;

Upper Farmhouse – within 13m of the dwelling, which is owned by the applicant;

38 Wootton St Lawrence, within 13m of the dwelling, which is owned by the applicant.

As such, a condition is recommended to mitigate such impacts. It is again highlighted that such tracks could be constructed under permitted development rights, provided that they do not fall within 25 metres of a trunk or classified road.

Subject to these conditions, the development would accord with Policies EM10 and EM12 of the Local Plan and Policy WSL 10 of the Neighbourhood Plan.

Biodiversity

The Council has a duty under the Natural Environment and Rural Communities Act 2006 to have full regard to the purpose of conserving biodiversity which extends to being mindful of the legislation that considers protected species and their habitats and to the impact of the development upon sites designated for their ecological interest. These requirements are also reflected within the NPPF (paragraphs 170 and 175) and Policy EM4 of the Local Plan.

The proposed development has been supported by an Ecological Impact Assessment. This established that the site comprises of a barn, two grain stores and hardstanding with improved grassland, semi-improved grassland, species-poor intact and defunct hedgerow, scattered scrub and tall ruderal habitats.

The proposals include the demolition of an existing agricultural buildings. The Ecological Impact Assessment noted that there was a low probability of bat roosts within this building. Further surveys were required in order to establish whether mitigation is necessary, or whether a licence is required. A Bat Survey was undertaken and submitted which indicated that there were no roosts present within the building. As a result, a mitigation strategy is not required as the present time.

The Ecological Impact Assessment supporting the application sets out a number of mitigation strategies and recommendations. Ecological enhancements are to be delivered in the form of native hedgerow planting and the introduction of nesting/roosting facilities for birds and bats.

On the basis of the above, the Biodiversity Officer has raised no objection subject to condition securing the recommendations and procedures contained within the submitted reports and it is considered that with these conditions the development would accord with the aims of EM4 of the Basingstoke and Deane Local Plan 2011- 2029.

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.

There are no trees within the area surrounding the proposed siting of the grain store and no tree constraints for this part of the development. The creation of the farm tracks would require the removal of a limited section of hedging/shrub and a single tree. The most significant of this would be where the proposed track crosses the BOAT to the north of Old Landes Bungalow. This would result in the loss of an oak tree and an area of shrub (brambles). However, the extent of the loss of trees/hedging/shrub would be limited and would not result in significant harm. Any loss in trees/hedging/shrub would be mitigated through the landscaping scheme which is to be secured via condition.

Highways and Parking

Paragraph 108 of the NPPF states that safe and suitable access to the site should be ensured. Paragraph 109 states that development should only be prevented or refused on highway grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Paragraph 110 state that first priority should be given to pedestrian and cycle movements. Development should minimise the scope for conflicts between pedestrians, cyclists and vehicles.

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. This policy also states that development should protect and where possible, enhance access to Public Rights of Way. Policy EM10 requires developments to provide appropriate parking provision (including bicycle storage), in terms of amount, design, layout and location, in accordance with the council’s Parking SPD.

The application has been supported by a technical transport note. This sought to address the concerns that had been initially raised by the Highway Officer. This note details the extent of the highway, the proposed visibility splays for the new accesses onto the A339, vehicle tracking, details of accidents in the vicinity of the proposed accesses onto the A339 and the inter-visibility at Public Rights of Way.

- Traffic generation

The applicant sets out within their Planning, Design and Access Statement that 553 vehicle movements will be generated in a typical harvest year, based on historic yields of winter wheat, winter barley, spring barley, spring oats, herbage seed and winter oil seed rape (OSR). The applicant estimates that two thirds of the crops harvested need to be dried and as the drying facilities are not in the same location, the necessity to dry results in additional and unneeded vehicle movements from the field to drying facilities and back to storage and in some cases from field to wet storage, to drying facility and back to dry storage. The vehicle movements associated with double handling are estimated to be 925 vehicle movements.

The applicant estimates that the centralisation of grain storage and drying facilities at Lower Farm has the potential to reduce the annual vehicle movements on the local highways network by 384 which provides a saving on labour and fuel costs. The Highway Officer has raised no objection to the potential trip generation of the development and notes support for the removal of slow moving traffic from the principle highway network.

- Access

New vehicular accesses are proposed onto the A339 to the east of the property Old Landes Bungalow and the Wootton St Lawrence Byway Open to All Traffic (BOAT) No.9. The creation of these accesses forms part of the applicant’s proposal to create new farm tracks which link the various parts of the estate and which would reduce the number of farm vehicles within the public highway and rights of way. The A339 in the location of the proposed accesses has laybys both west and eastbound. Following submission of amended plans, the Highway Officer has confirmed that required 4.5m by 215m visibility splays have been appropriately demonstrated. The splays would be contained largely within highway land. The Highway Officer has also confirmed that the proposed gates, which would be set back 15m from the edge of the highway, would be acceptable and enable a tractor and trailer to stand clear of the carriageway.

Tracking diagrams submitted demonstrate that a large Tractor and Trailer can negotiate the internal access track, and enter and leave the A339 in a forward gear.

The existing access from the Basingstoke Road to the north of Lower Farm (siting of the building) would remain unchanged. The Basingstoke Road from the A339 is in two distinct sections, initially from the A339 it is predominantly straight allowing for the bend near the junction. This provides good visibility of approaching vehicles. The second section is less ideal, but the lack of hedging or other solid boundary features on the east side also provides good visibility of approaching vehicles. The Highway Officer notes that there are a number of informal passing places that would allow the passing of vehicles of the nature associated with the development, should the need arise.

An area in front of the proposed building would be hard surfaced to allow access to the building, whilst the building to be demolished would allow for the relocation of storage tanks and the creation of a Weighbridge.

Subject to conditions, the Highway Officer has raised no objection to the proposed development.

- Parking

Sufficient areas of hardstanding would be provided within the site in order to accommodate the farm vehicles associated with the proposed building. Details of the hard surfacing materials are to be secured via condition.

- Impact on Public Rights of Way

Wootton St Lawrence Byway Open to All Traffic (BOAT) 9 runs from the Basingstoke Road U256 southwards crossing the Kingsclere Road (A339) along unmetalled lanes approximately 10 ft. wide to Whitedown Cottages at the junction of Whitedown Lane and Ibworth Lane. The route is not adopted highway. Wootton St Lawrence Footpath 15 runs along Whitedown Lane. Wootton St Lawrence Footpath 21 runs from Ibworth Lane Road C123 north of Manor Farm north-eastwards.

The HCC Rights of Way Officer raises concerns that the proposed accesses onto the A339 adjacent to BOAT 9 would potentially result in significant health and safety impacts, nuisance and conflict issues for vulnerable users of the BOAT. It is understood that this relates to a potential for users of the BOAT to meet a farm vehicle crossing the BOAT to the north of Old Landes Bungalow. Furthermore it is understood that the Rights of Way Officer is concerned that users of the BOAT would be afforded reduced visibility of to the A339 at its crossing, should there be a tractor exiting the proposed adjacent tracks. Whilst these concerns are noted, the BOAT itself is and could be further used by farm vehicles. Whilst the proposal would introduce a new crossing, the likelihood of users of the BOAT being unaware of tractors/vehicles trying to cross the right of way is considered limited. Furthermore, given the tight bend in surrounding tracks, it is not considered that crossing vehicles could achieve any significant speed. In regard to the reduced visibility for users of the BOAT onto the A339, whilst it is possible for a tractor to be looking to cross the A339 at the same time as a user of the BOAT, this would not likely be a frequent occurrence. Furthermore, as the BOAT also crosses the section of the A339 which contains a layby, it is more likely that vehicles parked within it would restrict visibility. The creation of a new access, and therefore reduction in the parking spaces available within the layby would help reduce the likelihood of vehicles being parked within the BOAT’s A339 visibility splays. Based on the information available and the comments from the Rights of Way Officer, it is not considered that a reason for refusal on this ground would be warranted or justified.

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 for non-residential development.

Other matters

Third parties have questioned the need for such storage provision given that the Manydown Estate is to be reduced in size following its allocation within the Local Plan. The applicant has confirmed that the proposed storage building has been sized to deal with the grain produced by the Manydown holding. As noted above, a number of the existing storage buildings within the estate are no longer able to meet the needs of modern farming practices. The applicant has confirmed that the storage building will not be used for grain from sources outside of the Manydown Estate.

The Parish Council make comment upon the use of the proposed weighbridge. The applicant has confirmed that the weighbridge will be for Manydown farm use only.

The recommendation proposes pre-commencement planning conditions therefore in accordance with section 100ZA of the Town and Country Planning Act 1990 and the Town and Country Planning (Pre-commencement Conditions) Regulations 2018, the Local Planning Authority served notice upon the applicant to seek agreement to the imposition of such a condition. Notice was served on the 21st October 2020 and agreed in writing by the applicant on the 28th October 2020.

Planning Balance and Conclusion

The principle of expanding or modernising existing rural and agricultural enterprises is supported by both local and national planning policy. In this instance, the proposed development has been found to be acceptable in accordance with Policy EP4 of the Local Plan.

The Highway Officer has not raised an objection to the proposed development, both in relation to the new grain store and the creation of agricultural tracks. It is considered that the development would have an acceptable impact upon the local highway network.

Given the scale and height of the proposed building, there would be impacts on both landscape character and visual amenity. The applicants have sought to mitigate such harm through reducing ground levels, removing existing buildings and proposing a planting scheme. With such mitigation measures, it is considered that the building could be accommodated within the landscape without harm, thereby conserving the landscape and scenic beauty of the sites AONB setting.

No harm has been identified in relation to affected heritage assets and subject to conditions, the development would have an acceptable impact upon the site biodiversity and arboricultural interests. Conditions are also attached which would ensure that the development does not adversely impact upon the amenities of neighbouring properties.

On this basis, it is recommend that the application be approved subject to the conditions listed below.

Conditions

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

- 1128LP Location Plan (grain store) - 1128LP4 Location Plan (track between Woodgaston Farm and A339) - 1128-200-01 Proposed Site Plan (Lower Farm) - 1128-200-03 Proposed Site Plan Enlarged (Lower Farm) - 1128-200-05 Proposed Grain store Section (including fertiliser tanks) - 1128-300-00 Proposed Grain store Elevations - A.51,782 Proposed Farm Track at Wootton St Lawrence (received 08.09.2020) - B.15,134 Proposed Farm Track at Wootton St Lawrence (received 23.10.2019) - 2122-001 Proposed Accesses and Associated Visibility Splays REASON: For the avoidance of doubt and in the interests of proper planning.

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

3 No development above ground floor slab level shall commence until details of the types and colours of external materials and finishes to be used, including colour and profile of cladding, brickwork, together with samples (where appropriate), have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved. REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 3 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

4 No hard landscaping works shall commence on site until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining buildings are first occupied and thereafter maintained. REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 3 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

5 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 commencement of the landscaping works. 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 Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 3 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

6 Prior to installation a plan indicating the positions, design, materials and type of screen walls/fences/gates/hedges and retaining walls to be erected, shall be submitted to and approved in writing by the Local Planning Authority. The approved screens/walls/fences shall be erected before the use/buildings hereby approved are 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 Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 3 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

7 Notwithstanding the approved plans, prior to installation detailed floor, elevational and section plans at a scale of either 1:50 or 1:100 of the proposed weighbridge shall be submitted to and approved in writing by the Local Planning Authority. The development shall carried out in accordance with the approved details. REASON: Details are required in the interests of the amenities of the area and in accordance with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 3 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

8 Notwithstanding the approved plans, prior to creation of the proposed tracks in the vicinity of the crossing at the A339, a plan shall be submitted to and approved in writing by the Local Planning Authority showing the correct visibility splays from the southern access, ensuring that all the carriageway is forward of the visibility splay line to the east of the access. This access shall not be used prior to approval of this condition. The other visibility splays as shown on plan 2122-001 shall be provided prior to the use of these accesses. Everything between 1m and 3m above the level of the adjacent carriageway within these visibility splays shall be cleared and thereafter maintained. REASON: In the interests of highway safety in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

9 Any gates on the approved accesses onto the A339 shall be set back a minimum of 10 metres from the edge of the carriageway, opening away from the A339. REASON: In the interests of highway safety in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

10 The development hereby approved shall be undertaken in adherence with recommendations and procedures contained within Chapter 5 Assessment of Ecological Effects and Mitigation/Compensation/Enhancement Measures of the Ecological Impact Assessment by ECOSA dated February 2020. The development shall be carried out and thereafter maintained in accordance with the details of the approved reports. REASON: In order to mitigate for impacts on protected species including bats, nesting birds, badgers, reptiles and great crested newts and to provide habitat enhancements and enhancements for bats and birds in line with Policy EM4 of the Basingstoke and Deane Local Plan 2011 - 2029.

11 Notwithstanding the approved plans, prior to installation, details of an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with this plan. No other external lighting shall be erected within site, at any time, other than that approved. REASON: In the interests of the visual amenities of the area which is within the North Wessex Downs AONB and to ensure that the development does not have an adverse impact upon bats and their habitat in accordance with the National Planning Policy Framework (February 2019), Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies WSL 3 and 4 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

12 Prior to any plant or equipment being installed within the building hereby approved a noise assessment to assess the background noise level and the rating level of any plant & equipment as part of this development, shall be submitted to and be approved in writing by the Local Planning Authority. The assessment must be carried out by a suitably qualified acoustic consultant/engineer and be in accordance with BS4142: 2014 + A1 2019 - Methods for rating and assessing industrial and commercial sound.

The operational plant noise shall be at least 5dB below the existing background noise level, and the details of any noise mitigation strategy needed to achieve this level must be submitted to and approved in writing by the Local Planning Authority as part of the noise assessment referred to above.

Development shall be carried out in accordance with the approved noise mitigation. REASON: In the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 10 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

13 No development shall take place until a site specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to:

o Procedures for maintaining good public relations including complaint management, public consultation and liaison; o Arrangements for liaison with the Council's Environmental Protection Team; o All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 0730 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and; at no time on Sundays and Bank Holidays; o Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above. o Procedures for emergency deviation of the agreed working hours; o Control measures for dust and other air-borne pollutants; o Measures for controlling the use of site lighting whether required for safe working or for security purposes; REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 10 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

14 No works relating to the approved grain store shall take place until a measured survey of the site has been undertaken and a plan prepared to a scale of not less than 1:500 showing details of existing and intended final ground levels and finished floor levels in relation to a nearby datum point which shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed and thereafter maintained in accordance with the approved details. REASON: Details are required in the interests of the amenities of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 3 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

15 There shall be no importation of materials in relation to the creation of the approved farm tracks, other than that around the highways crossings at the A339. REASON: In accordance with the details submitted with the application and in the interests of visual amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy WSL 3 of the Wootton St Lawrence Parish Neighbourhood Plan 2016-2029.

Informative(s):-

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

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

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

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

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

In this instance:

- the applicant was updated of any issues after the initial site visit; - considering amended plans; - the application was subject to the imposition of conditions.

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

4. The works hereby approved should not impede or interfere with the nearby Public Right of Way. Should the Applicant have any questions regarding the Right of Way, they should contact the Hampshire Countryside Service Team at [email protected] or 01962847974.

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

6. The soft landscaping details required by condition 5 should have due regard to and expand upon, where appropriate, the submitted 1128-200-04, LF/RAM/19/001 Rev 1 and LF/RAM/19/010 Landscaping Plans.

7. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning- application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.

Cttee: 11 Item No. 3 November 2020

Application no: 19/02794/ROC For Details and Plans Click Here

Site Address Land To Rear Of The Harroway Evingar Road Whitchurch Proposal Variation of condition no. 1 of 17/00352/FUL to allow the enlargement of 1 no. window on the east elevation for escape purposes and the alteration of the configuration of 1 no. window to the east elevation (both plots). Reduction in height of plot 1 (by reducing finished floor level from 95.5 to 95.165), reduction in height of plot 2 (by reducing finished floor level from 95.00 to 94.79). Reduction in length of garage (both plots) to 5.8 metres. Change of roof materials to the flat roof element (both plots) to EDM single-ply rubber roof classic bond and change of main roof (both plots) to concrete Marley Modern flat tiles colour slate grey. Addition of trellis to existing rear boundary fence (to both plots) to increase the height from 2 metres to 2.5 metres in height. (Retrospective)

Registered: 17 October 2019 Expiry Date: 23 March 2020 Type of Removal/Variation Case Officer: Nicola Marchant Application: of Condition (Sec 01256 845468 73) Applicant: Pyms Limited Agent: Mr David Windsor Ward: Whitchurch Ward Member(s): Cllr Dave George Cllr Chloe Ashfield

Parish: WHITCHURCH CP OS Grid Reference: 446218 148503

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

Reasons for Approval

1. The proposal would integrate successfully with, and not detract from, the overall quality of the area. The proposal would be in-keeping with the established pattern and character of the surrounding development and would integrate with the design and character of surrounding properties. As such the proposal would comply with the National Planning Policy Framework 2019, Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, Policy GD1 of the Whitchurch Neighbourhood Development Plan 2014-2029 and the Whitchurch Design Statement 2004.

2. The changes to the development from that previously approved would not result in any significant changes to overlooking, or result in additional overbearing or loss of light impacts to neighbouring properties from that previously approved and as such complies with the National Planning Policy Framework (Feb 2019), Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, the aims of the Basingstoke and Deane Design and Sustainability Supplementary Planning Document (2018) and the Whitchurch Design Statement 2004.

3. The proposed development would provide adequate parking provision in accordance with highway requirements and would not detrimentally affect highway safety. As such the development would accord with the National Planning Policy Framework (February 2019), Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, the Parking Supplementary Planning Document (2018).

General comments

This application has been brought before the Development Control Committee at the request of Councillor George for the following reasons:

“Having consulted with the Town Council both they and I are unhappy about a number of aspects of this development including non-compliance with the Parking SPA. If this was presented to me as a new application rather than retrospective I clearly and I would have thought the BDBC Planning Dept would have some problems with this. I would like for the Town Council and Myself have the opportunity to make our views known and would therefore like to refer this to the Development Committee”.

Planning Policy

The site is located within the Whitchurch Settlement Policy Boundary.

National Planning Policy Framework (NPPF) (February 2019)

Section 5 (Delivering a Sufficient Supply of Homes) Section 8 (Promoting Healthy and Safe Communities) Section 9 (Promoting Sustainable Transport) Section 12 (Achieving Well Designed Places) Section 15 (Conserving and Enhancing the Natural Environment)

Basingstoke and Deane Local Plan 2011-2029

Policy SD1 (Sustainable Development) Policy SS1 (Housing Delivery) Policy CN3 (Housing Mix) Policy CN9 (Transport) Policy EM4 (Biodiversity, Trees) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM12 (Pollution)

Whitchurch Neighbourhood Plan 2014-2029

Policy GD1 (Re-enforcement of the adoption of the Whitchurch Design Statement as supplementary guidance to be used in the planning process) Policy LD2 (Protection of Biodiversity) Policy LD1 (Protection of Hedgerows, Trees and Tree Planting) Policy HD1 (Housing Mix)

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) Whitchurch Design Statement (2004)

Other material documents

The Community Infrastructure Levy Regulations 2010 (as amended)

Description of Site

The application site is approximately 0.09ha in area and comprises of the rear garden of the property known as The Harroway, which currently accommodates two recently completed detached dwellings.

Proposal

Variation of condition no. 1 of 17/00352/FUL to allow the following retrospective amendments to the approved scheme:

 Enlargement of 1 no. window on the east elevation for escape purposes and the alteration of the configuration of 1 no. window to the east elevation (both plots).  Reduction in height of plot 1 (by reducing finished floor level from 95.5 to 95.165), reduction in height of plot 2 (by reducing finished floor level from 95.00 to 94.79).  Reduction in length of garage (both plots) to 5.8m.  Change of roof materials to the flat roof element (both plots) to EDM single-ply rubber roof; and the main roofs (to both plots) to concrete Marley Modern flat tiles colour slate grey.  Addition of trellis to existing rear boundary fence (to both plots) to increase the height from 2m to 2.5m in height.

Description amended and amended plans received to reflect retrospective amendments as detailed above.

Consultations

Whitchurch Town Council: Initial comments: RAISES OBJECTION for the following reason:

 The Town Council shares the concerns detailed in a resident's letter dated 22nd October regarding the loss of privacy and overlooking from the large windows. The size does not appear to be supported by Building Regulation requirements and the Council questions the requirement for larger windows.

It was also noted that:

Comments on amended information:

Whitchurch Town Council restates it’s previous OBJECTION to this application as it has not addressed the earlier concerns raised by the Council as set out below: These concerns were:

 The Town Council shares the concerns detailed in a resident's letter dated 22nd October regarding;  the loss of privacy and overlooking from the large windows. The size does not appear to be supported by Building Regulation requirements and the Council questions the requirement for larger windows.

It was also noted that:

 The garage appears to be below the parking standard  The main roof and flat roof finishes have been altered from those specified  The position and height of the buildings on site are not as the approved drawing  Appended are mark-up copies of the approved and latest application drawing - with concerns highlighted.  The building is 250mm taller. The building is 100mm wider and 250mm deeper  The buildings are located closer to the neighbour boundaries - closer to the overlooking problem  Materials, Concrete Tile (Natural slate), Green felt (Sedum Roof), Eternit Cladding (Timber Cladding) are not as approved.  The garage is too small (should be 6.0m deep) 2400 door needed. - Does not count as a parking space so development is 2 spaces short.  Proposed new window to bedroom is still much wider than approved

Further comments received from Whitchurch Town Council

The Town Council RAISES OBJECTION to the above for the following reasons:

1. Concern over overlooking neighbours – larger windows, higher 1st floor level not justified and not mitigated by additional trellis to 2.5m. 2. Rear window – increase in width to accommodate means of escape window to Bedroom 2. MOE does NOT require an increase in width – only 450mm required by Building Regs. Increase in width from 600 to 1200 to match Bedroom 3 not required for MOE. 3. Building height – “reduction in the level of building to reduce overlooking to rear. Approved plot 1 finish floor level 95.5, revised level 95.165. Plot 2 approved finish floor level 95.000, revised level 94.79.” This statement is misleading as the overall section height has increased – so the 1st floor (and window) of plot 2 is actually higher relative to the neighbour. It is also false as the approved site plan shows external levels for plot 1 at 95.00 with Plot 2 at 94.600 The approved elevations and sections show FFL at ext ground level – no other levels shown in the permission. So as well as being taller, the houses are actually built further out of the ground – impacting on the amenity of adjacent properties. 4. Garage – slight reduction in length of garage to include cavity wall between garage and house. As indicated on drawing TH001C from rear wall to garage door 5.8m. This falls below length required in the OLD parking SPD of 6m – so not large enough to allow a family car to be parked (see below re door) 5. Flat roof – traditional flat roof in lieu of sedum roof – Sedum isn’t the roof – it is placed in baskets above the roof finish (EPDM). This should be re-instated. 6. Rear fence landscape planting – where is it?

Public Observations

One letter of objection received Initial plans and summarised as follows:

 The windows are enormous and there is no part of our property inside or out that cannot be seen from the first floor windows.  We are aware screening is planned between now and March and whilst this is welcomed, the planting will not completely screen our bungalow.

Amended plans: One letter of objection received:

 Our objection still stands as per our previous letter and should be rejected.

Relevant Planning History

17/00352/FUL Erection of 2 no. dwellings with associated landscaping Granted 20.06.2017

18/03240/FUL Erection of 2 no. three bedroom dwellings with Granted 04.01.2019 Associated landscaping

BDB/54800 Erection of 2 no 4 bedroom detached houses Granted 03.04.2003 and vehicular access

BDN/50719 Erection of first floor rear extension Granted 19.07.2001

Assessment

Planning History

The originally approved development was for the erection of two detached, two storey dwellings to the rear the existing dwelling known as The Harroway. The dwellings have three bedrooms and are identical in terms of their design incorporating a front and rear gable, a hipped slate roof, integral garage and timber cladding at first floor. The dwellings measure 8.6m wide x 10m deep x 6.3 metres high and include a flat roofed single storey element to the rear elevation. Parking and turning areas are provided to the front and the dwellings have rear private gardens.

Principle of Development

This application is made under Section 73 of the Town and Country Planning Act 1990 to vary conditions imposed upon a decision already granted planning permission by the Local Planning Authority. Section 73 of the Act instructs the LPA to consider the variation to, or relief of conditions that are applied for, stating that, "if the [the LPA] decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted…..they shall grant permission accordingly". (s.73(1)(a)). As such, the LPA can grant permission unconditionally or subject to different conditions, or alternatively refuse the application if it is deemed that the original condition(s) should remain in place.

The principal of the development of two dwellings at the site was established with the granting of 17/00352/FUL and subsequently 18/03240/FUL. This application seeks the variation of Condition 1 of 17/00352/FUL in order to allow for the substitution of new plans which includes:

 Enlargement/alteration of two of the windows to the first floor east/rear elevation of the dwellings for escape purposes;  Reduction in height of plot 1 (by reducing finished floor level from 95.5 to 95.165), reduction in height of plot 2 (by reducing finished floor level from 95.00 to 94.79);  Reduction in length of garage (both plots) from 6 metres to 5.8 metres;  Change of roof materials to the flat roof element (both plots) to EDM single-ply rubber roof classic bond; and the main roofs (to both plots) to concrete Marley Modern flat tiles colour slate grey.  Addition of trellis to existing rear boundary fence (to both plots) to increase the height from 2 metres to 2.5 metres in height.

The proposed development differs in respect of the changes set out above and as such this application is assessed with regard to the impacts of the revisions relative to 17/00352/FUL upon the relevant material considerations. The table below sets out the dimensions of the development as approved and as constructed. Measurement on Measurement Measurement Measurement Measurement Difference approved plans taken on site on plans taken on site on plans between 17/00352/FUL Plot 1 Plot 1 Plot 2 Plot 2 approved For both plots plans and unless stated actual measurement on site Width of garage Width of garage Width of Width of Width of None and entrance hall and entrance garage and garage and garage and 5.23 metres hall 5.23 metres entrance hall entrance hall entrance hall 5.23 metres 5.23 metres 5.23 metres Width of study Width of study Width of study Width of study Width of study None room 3.4 metres room 3.4 metres room 3.4 room 3.4 room 3.4 metres metres metres Total width of Total width of Total width of Total width of Total width of None house 8.63 m house 8.63 m house 8.63 m house 8.63 m house 8.63 m Side elevation Side elevation Side elevation Side elevation Side elevation Built size is including garage including garage including including including 100mm more en-suite and en-suite and garage en- garage en- garage en- than approved bedroom 3 bedroom 2 suite 3 and suite and suite and plans 6.3 metres 6.4 metres bedroom 2 bedroom 2 bedroom 2 6.3 metres 6.4 metres 6.3 metres Ground floor Ground floor Ground floor Ground floor Ground floor Built size is element including element element element element 200mm single storey living including single including including including smaller than room 10.2 metres storey living single storey single storey single storey originally room 10 metres living room 9.9 living room 10 living approved metres metres 9.9 metres plans Ground floor Ground floor Ground floor Ground floor Ground floor Built size is element including element element element element 600mm study, w.c. including study, including including including smaller than kitchen/dining 10 w.c. study, w.c. study, w.c. study, w.c. originally metres kitchen/dining kitchen/dining kitchen/dining kitchen/dining approved 9.4 metres 9.33 metres 9.4 metres 9.33 metres plans Two storey side Two storey side Two storey Two storey Two storey Built size is element (bedroom element side element side element side element 800mm 1 and bedroom 2) (bedroom 1 and (bedroom 1 (bedroom 1 (bedroom 1 smaller than 7.8 metres bedroom 3) 6.5 and bedroom and bedroom and bedroom originally metres 3) 7.3 metres 3) 6.5 metres 3) 7.3 metres approved plans Single storey rear Single storey Single storey Single storey Single storey None element (dining) rear element rear element rear element rear element 3.1 metres (dining) 3.1 (dining) 3.1 (dining) 3.1 (dining) 3.1 metres metres metres metres Single storey rear Single storey Single storey Single storey Single storey Built size same element (living rear element rear element rear element rear element as originally area) 5.5 metres (living area) 5.5 (living area) (living area) (living area) approved metres 5.4 metres 5.5 metres 5.4 metres plans Closest part of rear Closest part of Closest part of Closest part of Closest part of As built Plot 1 elevation to rear rear elevation to rear elevation rear elevation rear elevation 300mm closer fence (plot 1) 8.6 rear fence 8.3 to rear fence to rear fence to rear fence to rear metres, (plot 2) 7.9 metres 8.1 metres 8.5 metres 8.5 metres boundary and metres Plot 2 600mm further from rear boundary

Measurement on Measurement Measurement Measurement Measurement Difference approved plans taken on site on plans taken on site on plans between 17/00352/FUL Plot 1 Plot 1 Plot 2 Plot 2 approved For both plots plans and unless stated actual measurement on site Front of property Front of Front of Front of Front of Front of plot 1 to fence (plot 1) property to property to property to property to is 400mm 7.2 metres, (plot fence 7.6 fence 7.9 fence 7.5 fence 7.4 further from 2) 6.8 metres metres metres metres metres boundary with Harroway Front of plot 2 is 600mm further from boundary with Harroway Closest part of Closest part of Closest part Closest part Closest part Closest part first floor element first floor of first floor of first floor of first floor of first floor rear element rear element rear element rear element rear element rear elevation(plot 1) elevation elevation plot elevation plot elevation plot elevation is to 11 Firsway plot 1 to 11 1 to 11 2 to 12 2 to 12 200mm 22.1 metres Firsway 21.88 Firsway Firsway 20.8 Firsway 19.8 closer to 11 (plot 2) to 12 metres 19.89 metres metres metres Firsway and Firsway 21 plot 2 is metres 200mm closer to 12 Firsway Gap between Gap between Gap between Gap between Gap between Built size plots 1.7 metres plots 1.8 plots 1.8 plots 1.8 plots 1.8 100mm metres metres metres metres difference from approved plans Internal Internal Internal Internal Internal None measurement of measurement measurement measurement measurement garage width 3 of garage of garage of garage s of garage metres width 3 metres width 3 width 3 width 3 metres metres metres Internal Internal Internal Internal Internal Built size measurement of measurement measurement measurement measurement 300mm less garage depth 6 of garage of garage of garage of garage than metres depth 5.7 depth 5.8 depth 5.7 depth 5.8 approved metres metres metres metres plans Measurement of Measurement Measurement Measurement Measurement Built size garage door of garage door of garage of garage of garage same as opening 2.3 opening 2.3 door opening door opening door opening approved metres metres 2.4 metres 2.3 metres 2.4 metres plans

Impact on the character of the area/ design

The application site consists of two newly constructed but unoccupied detached dwellings to the rear of the property known as The Harroway.

Policy EM10 requires development to be of high quality, contributing to local distinctiveness and the existing street scene and to have due regard to the existing density, scale and layout of the surrounding area. 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 EM10 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.

Policy GD1 of the Whitchurch Neighbourhood Development Plan states that developments should adhere to the design guidelines set out in the 'Whitchurch Design Statement' adopted as supplementary planning guidance by Basingstoke and Deane Borough Council in 2004. For development within the 'Built Environment', the Design Statement outlines the following relevant criteria for all new development:

 Preserve the variety of roof lines and roof styles in Whitchurch.  Provide a variety of house types, frontages and roof lines in all new developments, ensuring that units of different sizes are intermixed.  Design new buildings and extensions to respect the materials, shapes, styles and proportions of walls, roofs and other features of the buildings in the area.

The application proposes changes to the size of windows on the rear (east) elevation of the dwellings at Plot 1 and Plot 2. The dimensions of the window serving bedroom 2 and bedroom 3 has been altered to 1200mm x 1700mm in this current proposal. The dimensions approved under 17/00352/FUL was 1700mm x 1200mm for the window serving bedroom 3 in both plots and 1700mm x 600mm for the window serving bedroom 2 in both plots. These windows were full length windows. The amount of glazing remains the same in relation to the window serving bedroom 3 in both the approved and current proposal. The window serving bedroom 2 in both plots is wider but less deep. These windows are not visible from the public realm and as such any changes to their design would not have an impact on the character of the street scene or surrounding area.

The dark grey powder coated windows would form proportionate additions to the rear of the dwellings and the materials match the other windows installed and are as approved previously.

The originally approved scheme included a single storey element to the rear elevation of each dwelling which was covered with a sedum roof. This application now proposes that the single storey flat roof elements of the new dwellings are covered with a rubber material which are hidden behind a small parapet wall but has omitted the sedum roof addition. The originally approved scheme also included the main roof to both dwellings with a natural slate roof. The dwellings as constructed have concrete Marley Modern flat tiles on the main roof, colour slate grey.

The Town Council has commented on the roof materials that have been used on the main roof of the dwellings. It is relevant that properties within the locality are generally constructed of brick elevations with tiled roofs. The proposed dwellings have been constructed of brickwork and timber clad elevations and although the roof of the dwellings are concrete Marley Modern flat tiles colour slate grey as opposed to the natural slate originally proposed it is considered they would be in-keeping with the appearance of properties within the area.

It is not considered that the changes to the roofing material of the single storey rear element or the main roof to both dwellings are so significant as to justify a refusal of the application and the proposal continues to accord with the aims of Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, the BDBC Design and Sustainability SPD and Policy GD1 of the Whitchurch Neighbourhood Plan.

Two metre high close boarded fencing has been erected along the rear (east) boundary and following discussions between one of the occupants of the neighbouring properties and the applicant, additional trellising has been added to a total height of 2.5 metres. It is considered that planting along the rear boundary could be used to provide further screening between the application site and these neighbouring properties and this is considered in more detail in the ‘impact on neighbouring amenities’ section of the report below.

The changes to the approved scheme are not considered to result in any different impacts to the character and appearance of the area. As such, the development is considered to accord with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029, the BDBC Design and Sustainability SPD and Policy GD1 of the Whitchurch Neighbourhood Plan.

Impact on neighbouring amenities

The rear elevations of the dwellings face east towards the rear elevations of the neighbouring single storey residential properties, No’s 11 - 12 Firsway and concerns have been raised both by the occupant of one of these neighbouring dwellings and the Town Council with regards to the increase in size of the windows on the rear elevation and the impact that this would have on amenity in terms of overlooking. The closest distance between the two storey element of the dwellings as constructed and the rear elevation of the Firsway bungalows is 200mm closer than the previously approved scheme (which is a distance of 19.8 metres between Plot 2 and No.12 Firsway).

The BDBC Design and Sustainability SPD sets out that a minimum of 20 metre back to back distance should be provided between the respective rear elevations. In this instance the nearest relationship between the dwellings and Nos 11 and 12 Firsway is between 19.8 metres and 22 metres which is only marginally different (200mm different) from that achieved in the approved schemes 17/00352/FUL and 18/03240/FUL. As set out in previous section of this report, the amount of glazing in the window serving bedroom 3 in both plots remains the same as previously approved however the amount of glazing in the window serving bedroom 2 in both plots is increased. Whilst the change from vertical to horizontal emphasis and the larger window serving bedroom 3 is considered to slightly increase the perception of overlooking to the occupants of the single storey dwellings beyond the rear boundary (11 and 12 Firsway), the impact of this is assessed in relation to the extant permission, the distance between the site and the neighbours at Firsway (which has reduced only marginally in relation to plot 2 as a result of this application), and the existing and proposed boundary treatment.

It should also be noted that the existing close boarded fence landscaping along this boundary is located within the application site and there is potential for further landscaping to be planted along this neighbouring boundary at a suitable height to mitigate direct views from the first floor of the proposed dwellings to the ground floor of the neighbouring bungalows. Landscaping for the rear gardens of the dwellings was approved under 17/0391/CONDN with regard to condition 5 of 17/00352/FUL and does indicate additional soft landscaping being provided. Whilst the planting has not yet been implemented within the rear garden areas of the dwellings the agent has confirmed this planting will be undertaken and on this basis, the proposals would achieve an acceptable relationship with these neighbouring dwellings in terms of amenity.

On this basis the development as constructed achieves an acceptable relationship with these neighbouring dwellings in terms of amenity and considered to accord with the aims of Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the BDBC Design and Sustainability SPD.

Highways

- Parking

Policy CN9 sets out that development should provide appropriate on-site parking and should not result in inappropriate traffic generation or compromise highway safety. Since the previous application was granted Basingstoke and Deane Borough Council has introduced new guidance in the form of the Parking SPD 2018 which designates the council's parking standards and design principles. The proposed parking arrangement would not accord with the new Parking SPD in that the garages are too small to accord with the new standards (now indicated as 5.8 metres deep). When measured on site, the depth of the garages are reduced by the positioning of the roller door which is recessed with a pillar such that the internal measurement with the door shut is 5.72 metres and 5.8 metres with the door open.

Notwithstanding this, the currently approved garages under 17/00352/FUL and 18/03240/FUL are also below the adopted standards. The site lies within an inner- urban location for the purposes of the Parking Standards Supplementary Planning Document 2018. New dwellings situated within this location with three bedrooms are expected to provide two vehicular parking spaces in line with the SPD together with cycle provision and adequate refuse storage. The Officer site visit confirmed that there is sufficient space within the hard standing area to the front of the dwellings to adequately provide for the parking of two vehicles, cycle storage and refuse storage within the site for each dwelling. The existing dwelling (Harroway) also has parking to the front of their property as well as bin and cycle storage.

Although the internal space within the garages is below the new standards within the Parking SPD, the number of spaces available to the front of the dwellings are consistent with the guidance. On this basis and the above assessment, the application as proposed is considered to be acceptable in this instance in highway safety and parking terms.

- Highway Safety

No changes to the existing access with Evingar Road are proposed which currently serves an existing dwelling (The Harroway). Whilst the access can only accommodate one car at a time, it is a straight track therefore visibility when entering or exiting the site is clear. It is evident that there is space within the site to allow vehicles to park and manoeuvre to enable them to enter and leave the site in a forward gear. On this basis internal conflict between vehicles accessing the site is unlikely to occur and, given that the development would utilise an existing access, it is not considered that the development would be detrimental to highway safety.

Other matters

The development as constructed results in only minor changes to the depth and width of the dwellings when compared to the approved scheme. There are very minor changes to the final roof ridge height (slightly lower than the approved scheme) as a result of a minor reduction to the internal finished floor levels however this change does not materially alter the visual impact of the dwellings in their setting. It is acknowledged that the Town Council has raised concerns about the roof ridge height and overall size of the dwellings as constructed. This application does not propose any increases to the overall size or scale of either dwelling. Looking at the dwellings as constructed, whilst the site is relatively flat there is a slight reduction in ground level from north to south such that the ground on which the dwelling at Plot 2 sits is slightly higher than the ground on which plot 1 sits. This difference in ground levels was identified on the plans submitted in support of application 17/00352/FUL and approved as such.

Community Infrastructure Requirements

The original application (17/00352/FUL) was granted planning permission prior to the introduction of CIL. The CIL Regulations contains provisions for transitional cases. A transitional case is a development which was granted planning permission before the levy came into force in an area, but which is subsequently amended through a Section 73 permission after the levy comes into force. The earlier permission is the pre-CIL permission, and the later permission is the in-CIL permission. The general principle is that CIL should not be charged on development that is already permitted through the pre-CIL permission, but any additional liability that is created through the in-CIL permission should be subject to the levy. The chargeable amount for a transitional case is calculated by deducting what would have been the chargeable amount for the earlier pre-CIL permission had it been subject to the levy from the chargeable amount for the new in-CIL permission. When calculating the notional liability for the pre-CIL permission, it should be treated as if it were permitted on the same day as the new in- CIL permission.

In this case there is no increase in GIA from that originally granted under 17/00352/FUL and therefore no levy is due.

Conditions

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

Location and Block Plan drawing no. 177-D-00-A Site Plan drawing no. 177-D-01-A Proposed GF & FF Plans drawing no. 177-D-04-A Drawing no. T.H.001 Rev C Drawing number T.H.002 Rev C Drawing no. T.H.003 Proposed Roof plan drawing no. 177-D-05-A Site Sections drawing no. 177-D-03-A Scheme Amendments - Site Plan drawing no. 177-D-10

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

2 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture those on the approved plans and application forms. REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3 The development shall be undertaken in accordance with the construction method statement submitted and discharged under 19/00472/CONDN. REASON: To ensure that the construction process is undertaken in a safe and convenient manner that limits impact on local roads and the amenities of nearby occupiers, the area generally and in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.

4 The development shall be carried out in accordance with the Landscape details as approved under reference 17/03091/CONDN on 20 October 2017 with regard to Condition 5 of 17/00352/FUL. REASON: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with Policies EM1 and EM4 of the Basingstoke and Deane Local Plan 2011-2029.

5 The development herby approved shall be carried out in full accordance with the Tree Protection Plan and the details approved under reference 17/02631/CONDN on 13 September 2017 with regard to Conditions 6 of 17/00352/FUL. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (July 2018) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

6 The development herby approved shall be carried out in full accordance with the Utilities Plan and the details approved under reference 17/02631/CONDN on 6 July 2018 with regard to Conditions 7 of 17/00352/FUL. REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with the National Planning Policy Framework (July 2018) and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

7 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

8 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays. REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

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

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

11 Prior to occupation of the dwellings hereby approved the onsite vehicular access routes including the Passing Bay, Turning Area and the Parking Facilities (including the integral garages serving Plots 1 & 2 as indicated by Dwg. No. T.H.001 Rev C) shall be provided in accordance with the Site Plan (Dwg. No. T.H.002 Rev C). Thereafter, these areas shall be permanently retained and used for their intended purposes to enable vehicles to freely enter, turn/park and exit this site in a forward gear at all times. REASON: In order to provide a suitable and convenient on-site movement layout with adequate parking facilities in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.

12 The garages hereby approved shall be retained and used solely for purposes incidental to the enjoyment of the private dwelling house and shall not be used in connection with any trade, business, profession or commercial enterprise. The garage hereby approved shall not be converted or used for any residential purpose other than as a domestic garage for the parking of vehicles and cycles. REASON: To ensure adequate on-site parking provision and to discourage parking on the adjoining highway in the interest of local amenity and highway safety; and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

13 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no additional openings shall be added inserted above ground floor level or above in the northern and southern elevations of the proposed dwellings. REASON: To protect the amenity and privacy of the occupiers of adjoining properties in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

14 All proposed bathroom/en-suite/w/c windows hereby approved shall be obscure glazed and top hung (fan light) only in perpetuity. REASON: To protect the amenity and privacy of the occupiers of adjoining properties in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

Informative(s):-

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

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

In this instance:

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

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

3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning- application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.

Cttee: 11 November 2020 Item No. 4

Application no: 19/02977/FUL For Details and Plans Click Here

Site Address Land At Pamber Farm Bramley Road Little London Tadley Proposal Change of Use of Land and Buildings from Agricultural/Storage & Distribution (Use Class B8) for use as a landscaping contractor business (Sui Generis) (part retrospective)

Registered: 25 October 2019 Expiry Date: 30 January 2020 Type of Application: Full Planning Case Officer: Russell Stock Application 01256 845244 Applicant: Mr C Hyde & Ms F Agent: Mr Peter Crozier Burgess Ward: Pamber And Ward Member(s): Cllr Simon Mahaffey Silchester Cllr Roger Gardiner

Parish: PAMBER CP OS Grid Reference: 462175 158649

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

Reasons for Approval

1. The development would support economic growth and diversification at the farm in line with the objectives of the National Planning Policy Framework 2019 and Policy EP4 of the Basingstoke and Deane Local Plan 2011-2029.

2. The proposed development would provide safe ingress and egress and adequate parking provision in accordance with highway requirements, and as such would accord with the objectives of the National Planning Policy Framework 2019 and Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3. The development would not have an adverse impact upon neighbouring amenities in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4. The development would not have an adverse impact upon the sites biodiversity value and enhancement measures are secured via conditions in accordance with Section 15 of the National Planning Policy Framework 2019 and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

5. Whilst there is a landscape impact, and this weights against the development, the mitigation proposed is such that, on balance, and taking the benefits of the scheme in to account, that the development can be accepted.

General comments

This application is brought to the Development Control Committee in accordance with the scheme of delegation given the Officer's recommendation for approval and the number of objections received.

Planning Policy

The application site falls outside of any Settlement Policy Boundary within a countryside location.

National Planning Policy Framework (NPPF) (February 2019)

Section 2 (Achieving sustainable development) Section 4 (Decision-making) Section 6 (Building a strong, competitive economy) Section 9 (Promoting sustainable transport) Section 12 (Achieving well-designed places) Section 14 (Meeting the challenge of climate change, flooding and coastal change) Section 15 (Conserving and enhancing the natural environment) Section 16 (Conserving and enhancing the historic environment)

National Planning Practice Guidance

Basingstoke and Deane Local Plan 2011-2029

Policy SD1 (Presumption on Favour of Sustainable Development) Policy CN6 (Infrastructure) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM7 (Managing Flood Risk) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution) Policy EP1 (Economic Growth and Investment) Policy EP4 (Rural Economy)

Supplementary Planning Documents and Guidance (SPD's and SPG's)

Design and Sustainability SPD (2018) Planning Obligations for Infrastructure SPD (2018) Landscape, Biodiversity and Trees SPD (2018) Parking Standards SPD (2018) Heritage SPD (2019)

Other material documents

The Community Infrastructure Levy Regulations 2010 (as amended)

Description of Site

Pamber Farm consists of two large modern barns and Pamber Farmhouse which form a small farmstead. The farm is accessed via a track which joins the Bramley Road 180m to the north. The closest neighbouring property is Pamber Farm Cottage which is located to the north of the farm. Small agricultural fields surround the farm, with larger agricultural land beyond that. To the south is Bow Brook and areas of woodland (including ancient woodland). A pond lies to the west of the barns, between them and the access track, which is also a Public Right of Way.

Barn 1 has an agricultural use whilst Barn 2 has a Storage and Distribution use (Use Class B8). The development is part retrospective with the proposed use already taking place at the site at the time of the Officer’s site visit. The two barns, along with the surrounding land were being used by the applicant as part of the landscaping contactor business. The proposed vehicle turning area, along with boundary treatments were not yet completed.

Proposal

This application seeks part retrospective permission for the change of use of two buildings and the land surrounding from Agricultural/Storage & Distribution (Use Class B8) for use as a landscaping contractor business (Sui Generis).

An amended site plan was received on the 20th July which reduced the scale of the enclosed land surrounding the buildings and introduced a passing bay along the access track.

An updated location plan was received on the 21st October 2020 which included a blue line denoting land outside of the application site, but that which falls within the ownership of the applicant. This plan also included within the red line, the land where the proposed passing bay would be sited.

Consultations

Pamber Parish Council: “No objection but on condition that no large vehicles/ HGVs travel through Silchester Road, and upkeep of the road to be maintained. Also, Sui Generis to be specific to the reason stated by the applicant.”

Landscape Officer: Initial comments – Objection. Final Comments – No objection, subject to conditions.

Biodiversity Officer: Initial comments – Further information required. Final Comments – No objection, subject to conditions.

Environmental Health Officer: No objection, subject to conditions.

Hampshire County Council Highway Officer: No objection, subject to conditions.

Hampshire County Council Countryside Officer: Objection.

Hampshire County Council Archaeology Officer: No objection.

Ramblers Association: Comment regarding Footpath 13.

Public Observations

Seven letters of objection received as summarised:

 Great Crested Newts are protected. Appeal decisions have previously been dismissed in relation to Great Crested Newts.  The pond on site has been there for over 100 years and provides a diverse natural habitat.  A moat once surrounded the Medieval Manor House.  The pond should be reinstated.  Further surveys and assessments are required in relation to the pond.  The site contains significant biological interest. This includes grassland and aquatic habitats.  There are bats present locally.  The landscape contracting business would be detrimental to the visual amenity of the site.  The nearby Public Right of Way would be affected. The applicants should provide further information relating to the Public Right of Way. Including how pedestrians are to be protected.  The surrounding fields are being used to store cars, vans, and vehicles and is intrusive in the landscape.  The rural character has changed as a result of the development which are clearly not agricultural in nature.  This site now contributes to the further industrialisation of Little London.  The sites junction onto the Bramley Road is poor.  The amount of traffic using the footpath is undermining the surface. The increased traffic is harmful.  The large Kestrel vehicles and cars already existing and turning onto a single track lane.  The Berry Court Farm access is opposite the proposed junction onto the Bramley Road, resulting in conflict.  The surrounding highway network cannot cope with additional vehicles.  The sites access is liable to flooding.  Significant material is still being delivered and stored at the site.  A mobile home, office and mobile toilet can be seen on the site.

Relevant Planning History

15/03400/AGPD Erection of agricultural building for straw No Objection 27.10.2015 storage

15/04281/HSE Erection of two storey rear extension and a Refused 09.03.2016 single storey side extension to include new chimney and balcony to rear

17/02997/GPDSTD Notification for Prior Approval for a Change of Granted 14.12.2017 Use of Storage Building to three dwellinghouses (Class C3)

17/02998/GPDADW Notification for Prior Approval for a Change of Withdrawn 05.10.2017 Use of Agricultural Building to three dwellinghouses (Class C3) and for Associated Operational Development

18/00294/GPDADW Notification of proposed change of use of Withdrawn 22.03.2018 Agricultural Building to 3 no. dwellinghouses (Class C3) and for associated operational development

19/01091/FUL Demolition of existing storage barn and the Withdrawn 11.09.2019 erection of a detached dwelling. Erection of two storey extension, conservatory and ancillary accommodation to existing house, following demolition of agricultural building

19/03096/FUL Erection of two storey extension to the Granted 10.07.2020 dwelling and the erection of a detached 3-bay garage/cartshed with ancillary accommodation above, along with an associated change of use of land

19/02976/FUL Infilling of part of existing of pit/pond (part- Pending retrospective) consideration

Assessment

Principle of development

Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. In this case the development plan for the area is the Basingstoke and Deane Local Plan 2011- 2029. At a national level, the National Planning Policy Framework (NPPF) constitutes guidance which the Local Planning Authority 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.

Paragraph 83 of the NPPF provides support for economic growth in rural areas in order to create jobs and prosperity. The applicant’s application form suggests that there would be six full time and one part time employees at the business. Local Planning Authorities are encouraged to support the sustainable growth and expansion of all types of businesses and enterprises in rural areas and the provision of well-designed new buildings is also generally supported.

The most relevant Local Plan policy for the proposed development would be EP4. This policy supports economic uses within the countryside, subject to the proposal falling within the forms of development set out in the policy and meeting a number of specified criteria. The policy is spilt into two sections, criterions a) – e) address the principle for allowing such development whilst criterions f) - i) cover the appropriateness and impacts of such development.

In this instance criterions a) b) and d) of Policy EP4 are considered to be most relevant. These state:

To support the rural economy, development proposals for economic uses in the countryside will be permitted where they:

a) are on previously developed land; b) are for a change of use or conversion of a suitable permanent building; d) enable the continuing sustainability or expansion of a business or enterprise, including development where it supports a farm diversification scheme and the main agricultural enterprise;

The determination of 17/02997/GPDSTD confirmed that the lawful use of Barn 2 fell within Use Class B8 (Storage and Distribution). Barn 1 and the surrounding land falls within an agricultural use. As a result, taking into consideration the definition of ‘previously developed land’ (PDL) as set out within the NPPF, only Barn 2 is considered to represent PDL. Criterion a) is relevant in this regard. Criterion b) is applicable to both barns of site as they are considered permanent buildings. In relation to the change of use of land, criterion d) is most relevant. The change of use of the land surrounding the two barns is proposed to support the landscaping contracting business, forming part of the overall farm diversification.

Whilst the proposals may fall within the remit of the above, as per Policy EP4 all development proposals must be well designed and of a use and scale that is appropriate to the site and location when considering: f) landscape, heritage and environmental impacts; g) the accessibility of the site; h) the impacts on the local highway network including the type of traffic generated, the appropriateness for the rural roads and the impact on their character; and i) the need for residential accommodation on site.

Harm has been identified in relation to the development landscape impact (criterion f)) as set out in detail below. Such harm is also considered within the planning balance section at the end of this report.

In relation to criterion g) the site falls within an isolated location, physically separated from other built form and industrial activities. It is however appreciated that Policy EP4 covers economic development within rural areas, where sites are more likely to be in less accessible locations than within town centres for example. In this instance, the site has been found to have an acceptable access onto the local highway network which the Highway Officer states is suitable for accommodating the proposed use. Furthermore, there are bus stops within the vicinity of the site access which would provide an alternative to a private car as an option of travel for employees. It is also noted that two of the six full time staff employed by this business would live on site, at Pamber Farmhouse. Taking the above into consideration, an objection based on the accessibility of the site would not be justified in this instance.

As alluded to above, the Highway Officer raises no objection to the development, having regard to criterion h), further consideration of highway impacts is set out within the relevant section below.

In respect to criteria i), and taking into account the supporting comments made within paragraph 7.40, the proposed development would not require any need for on-site residential accommodation. Furthermore, the application site is located directly adjacent to Pamber Farmhouse, a dwelling within the ownership of the applicant.

Furthermore, Policy EP4 states that:

“Development proposals that result in an increase in HGVs on C and U class roads, or a significant increase in other traffic on C and U class roads will generally not be permitted.”

This matter is set out in more detail within the Highway Section below. An objection is not raised on this basis.

Therefore, the proposed development has been found to largely accord with the requirements of Local Plan Policy EP4 which establishes the principle of the proposal. The conflict arising in relation to criterion f) and the landscape impact of the development are discussed further below. The principle of rural economic development is also supported by the relevant sections contained within the NPPF.

Impact on the character of the area/ design

Policy EM10 states that proposals will be required to respect the local environment, contribute to the street scene and be visually attractive. EM10 also seeks high quality development across the borough, based upon a robust design-led process and a clear understanding of the local identity and context of development to create successful, inviting places where people want to live, work and enjoy themselves.

The application site is situated in open countryside between the settlements of Pamber End and Little London, and comprises a farmstead, with farmhouse and barns. Close proximity public views of the site are afforded from the adjoining Public Right of Way (Pamber 13) (PROW) to the west. Glimpsed longer distance views towards the site are afforded via gaps in the hedgerows along the Bramley Road to the north. The application site has an agricultural character, with the buildings contained within reflecting this use.

The proposals consist of the change of use of the two barns within the site along with the surrounding land. No external changes are proposed as part of this application to the barns.

Initial concerns were raised by the BDBC Landscape Officer in relation to the proposed subdivision of the existing fields which surround the barn. Such subdivision would have broken up the established field pattern with the area, resulting in visual intrusion. Furthermore, concern was raised as a result of the quantity and scale of large scale machinery encroaching beyond the existing farmyard, visible from the PROW. This would have altered the character of the site to something less informal and agrarian, imposing more of an industrial and commercial character which would have adverse impacts on the local landscape character and visual amenity.

During the course of this application, amended plans have been received which reduce the scale of the proposals and the introduction of a post and rail fence along the boundary of existing hardstanding, thus assisting in defining the farm yard from the wider landscape context. Whilst machinery/vehicles which are to be stored/kept within the area of hardstanding would be visible from the PROW, they would be confined to the existing yard, seen within the context of the two barns (of which one is in commercial use). Soft landscaping along the PROW is proposed which would help to soften and break up views of machinery, thus assisting in mitigating the developments visual impacts. Whilst some planting has already been undertaken by the applicants in the vicinity of the PROW, further hedgerow trees are required given the scale of the vehicles and use proposed. Such detailed has been secured via condition 3.

Beyond the proposed enclosed ‘yard’, the applicant seeks permission for an area to be used for the turning of vehicles within the adjoining field. The proposals indicate a grasscrete product to allow for such manoeuvres. It is however considered that grasscrete itself, i.e. concrete surfacing with apertures for grass to grow through, can be quite visually intrusive. There are a number of alternative ground stabilisation and grass reinforcement products on the market these days, which are designed for large scale vehicle use and which would be less visually intrusive. A condition securing details of such surfacing is attached and an informative regarding this matter is provided for the applicants benefit. A condition is also attached which restricts this part of the site to the manoeuvring of vehicles only, in the interests of visual amenities.

Whilst the proposed development would alter the character of the site, the amended plans and the mitigation measures to be secured via condition, would reduce the harm identified. This matter is further considered within the planning balance section below.

Impact on heritage

Paragraph 197 of the NPPF states that “the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.”

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 heritage assets and respect historic interest and local character and ensure the use of appropriate materials, design and detailing.

Pamber Farmhouse is an attractive two storey brick built farmhouse. The brick detailing on the southern elevation gives a date of 1768, although it is unclear if this date is an accurate label from the date the building was constructed, or is a fictitious detail. The building has an historic catslide roof to the rear (north) elevation, which has been marred through the addition of a poor quality flat roofed dormer window at first floor level. Pamber Farmhouse is considered to be a Non-Designated Heritage Asset. Recent permission has been granted under application 19/03096/FUL for a two storey extension and detached garage at this property.

The proposed development would retain the existing barns on site, albeit that the change of use would industrialise/commercialise the appearance of the site to a degree. This change of character would alter the setting in which Pamber Farmhouse sits within. The north facing façade of Pamber Farmhouse has been previous altered (dormer window) and should 19/03096/FUL be implemented, would be further altered. The southern elevation remains less altered. Whilst there would be some change to the character of the farmyard surrounding the farmhouse, this would be limited to the areas of hardstanding around the barns and the barns themselves. Taking this into account and the changes already undertaken/permitted to the northern elevation of the farmhouse, it is not considered that the change of use would harm the heritage value of this non-designated heritage asset.

Impact on neighbouring amenities

Policy EM10 requires developments to provide high levels of amenity for proposed occupants and existing neighbouring occupiers regarding privacy, amenity space and natural light.

The proposed development seeks permission for the change of use of existing buildings and the land immediately surrounding them. The proposed change of use of land would be at a distance as to not impact upon neighbouring properties in terms of overbearing, loss of light and privacy etc. with the two buildings on site remaining as existing.

The Environmental Health Officer is satisfied that the proposed development would not adversely impact upon nearby residential properties, subject to conditions restricting operation and delivery hours. Standard conditions controlling construction hours are also considered necessary to protect the amenities of surrounding properties. Subject to these conditions, no objection is raised in this regard, as the development would accord with the requirements of Policy EM10 of the Local Plan.

Biodiversity

The application has been supported by an Ecological Appraisal (EA) and a Great Crested Newt Survey (GCNS). The EA found that no further surveys were required in relation to Bats or Birds, although mitigation measures are proposed for such species. Further surveys for Great Crested Newts were deemed necessary given that there is a pond on site which provided potential aquatic habitat for amphibians and rubble piles provide potential refugia. The pond on site and another pond within 100m of the site were considered potentially suitable for Great Crested Newts.

The GCNS found no Great Crested Newts within the pond, however Palmate Newts and Common Frogs were recorded. The GCNS sets out various Habitat Creation, Restoration and Enhancement measures. Whilst application 19/02796/FUL specifically relates to the works of the pond, the measures set out within the GCNS are equally applicable to this current application. A condition is included which secures these measures.

The Biodiversity Officer has considered these reports and raises no objection to the development subject to conditions.

Conditions securing the wildlife protection and mitigation measures contained within the submitted reports are necessary. Additionally, in order to ensure that the development would result in a net gain for biodiversity, a habitat enhancement scheme is also to be secured via condition. An external lighting plan is also to be conditioned in order to ensure that this would not have an adverse impact upon the surrounding foraging areas for the local bat populations and other wildlife. Subject to these conditions, the proposed development would accord with Policy EM4, Section 15 of the NPPF and the relevant guidance, including that contained within the Landscape, Biodiversity and Trees SPD.

Trees

The development relates to the change of use of land and buildings only. It was however apparent that a number of trees had been removed from within the field to the north of the barns prior to the Officer’s site visit. In order to mitigate the loss of these trees, as part of the soft landscaping condition, it will be expected that new trees be incorporated into the scheme. This is in accordance with paragraph 6.8 of the Landscape, Biodiversity and Trees SPD which states that substantive replacement tree planning of similar species will be required if tress are pre-emptively removed.

An arboricultural method statement and tree protection plan is also required as part of the proposed passing place along the PROW, given its proximity to nearby mature trees.

Highways, Parking and Refuse

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.

- Traffic generation

Hampshire County Council’s Highway Officer has confirmed that the level of traffic likely to be generated by this change of use is small and the local highway network will be able to accommodate it. In coming to this view, the Highway Officer has had regard to Local Plan Policy EP4 and the following section of the policy:

“Development proposals that result in an increase in HGVs on C and U class roads, or a significant increase in other traffic on C and U class roads will generally not be permitted.”

As the access to the site is via Footpath 12, a PROW, Hampshire County Council’s Countryside Officer has commented. They have objected on the basis that in the absence of passing bays, any increase in vehicular use could cause a safety, nuisance and conflict with users of the PROW. Following these comments, the proposals were amended to introduce a passing bay. In light of this amendment and having regard to the Highway Officers comments regarding traffic generation, it is considered that there would not be an adverse impact upon the PROW, which currently serves as the access to the site in any event.

- Access

Access to the application site would remain the same as existing, via an unmetalled track from the Bramley Road. The Highway Officer confirms that the existing visibility splays of 2.4m x 120m are acceptable. A condition is suggested in order to ensure that these splays are cleared of vegetation between 1m and 3m above the level of the adjacent carriageway. These visibility splays fall within highway land and already serve the existing access.

- Parking

The Parking SPD sets out the parking standards for non-residential development. Whilst a landscaping contractors business (Sui Generis) is not specifically referred to, it is considered that a combination of B2 and B8 would be the most relevant parking level comparison. In this regard, B2 General Industry requires 1 space per 45m2, whilst B8 Storage requires 1 space per 90m2. Based on the approximate floor area of the existing barns (965sqm), between 11 and 21 spaces would be required, depending upon the extent of each use. In this instance, the applicant has clarified that the business would have six full time employees, two of which would live on site, and one part time employee. In light of this and given the extent of hardstanding within the site which could be used to accommodate vehicular parking, no objection in raised in this regard.

Furthermore, section 14 of the Parking SPD sets out the operational parking space requirements for non-residential development. For industrial, B1c, B2 and B8 uses there is a requirement to provide one lorry space per 500sqm of floorspace (up to 2000sqm). In relation to this application, this would equate to a requirement of two lorry spaces. Whilst such spaces are not shown within any of the submitted plans, it is considered that sufficient space within the site exists for such provision to be made.

In addition, the Parking SPD seeks to ensure that suitable provision is made for disabled and electric vehicle spaces, along with parking for powered two wheelers (motorbikes) and bicycles. No information has been provided with the application in these regards, however given the space available, it is considered that such provision can be secured via condition.

- Refuse and recycling

As the development relates to commercial uses rather than residential, the Joint Waste Client Team do not have any comments to make. It is not clear however from the submitted plans where the storage of waste would be made within the site prior to its removal. A condition is attached to secure these details in the interests of visual amenity.

- Summary

Subject to the above noted conditions, the development would accord with Policies CN9 and EM10 as well as the relevant guidance contained within the Design and Sustainability and Parking SPD’s.

Flooding and Drainage

The NPPF requires that new development should be either directed away from areas at highest risk or alternatively are demonstrated to be flood resilient and resistant. This applies a sequential approach, taking advice from the Environment Agency and Lead Local Flood Authorities to ensure that risks of flooding are adequately managed, whilst also accounting for future climate change.

The Environment Agency Flood Risk Maps position the site as falling within Flood Zone 1 giving the site a low risk of flooding (less than 1 in 1000 annual probability) and considers that the site has a very low/low risk of surface water flooding. The site however falls within a defined Upstream of a Critical Drainage Area as identified within the Council’s Strategic Flood Risk Assessment.

Given that the proposals consist of a change of use, with no changes to the footprints of the existing farm buildings, it is unlikely that there would be a significant change the surface water movement, nor would there be an increased flood risk. The proposals involve the creation of an area for vehicle turning. Details of the hard surfacing (i.e. something like grasscrete) are to be secured via condition. The applicants submitted Flood Risk Assessment notes that ditches have been cleared and shows drainage routes. Such details are considered appropriate. An informative is included to remind the applicant of their environmental responsibilities in relation to the drainage of the site.

The development would accord with Local Plan Policy EM7 and Section 14 of the NPPF in this regard.

Community Infrastructure Requirements

Other Matters

An informative is included to remind the applicant that this Right of Way should not be impeded during the construction works. Further questions, relating to this matter should be directed to the Hampshire Countryside Service Team.

The proposed landscaping contractor business falls outside of any planning use class and is therefore considered as a Sui Generis use. If granted, this permission would only grant permission for a landscaping contractor business at this site and does not permit any other use, including those which may also be classed as Sui Generis.

Planning Balance and Conclusion

The principle of employment uses in the form proposed at this site largely accords with the requirements of Policy EP4 of the Local Plan. Economic development within rural areas is also supported by the guidance contained within the NPPF.

The Highway Officer has not raised an objection to the proposed uses at this site, considering that the development would have an acceptable impact upon the local highway network.

The development would result in a character change of the site, appearing more industrial/commercial than an informal agricultural farm. This would result in some local visual amenity harm. Mitigation, in the form of soft landscaping is proposed to assist in screening the development from the nearby PROW, and thus reducing the level of harm in this regard.

Ecological mitigation measures along with habitat enhancements are to be secured via condition. Additional tree planting, following the removal of trees from within the site again is required by condition. The development is not considered to adversely impact upon the amenities of neighbouring properties and suitable surface water drainage details are proposed.

In balancing these matters, it is recommend that the application be approved subject to the conditions listed below, with the benefits, specifically those which fall within the economic objective of sustainability as set out within the NPPF, outweighing the harm identified.

Conditions

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

190839 - 201 Rev A - Location Plan 190839 - 202 Rev C - Site and Block Plan REASON: For the avoidance of doubt and in the interests of proper planning.

2 No hard landscaping works shall commence on site until details of the materials to be used for hard and paved surfacing have been submitted to and approved in writing by the Local Planning Authority. The approved surfacing shall be completed before the adjoining buildings are first occupied and thereafter maintained. REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3 Within two months from the date of this decision, there shall be, submitted to 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 date of approval. 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 commencement of the landscaping works. 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 satisfactory information accompanying the application in order to improve the appearance of the site in the interests of visual amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

4 Within two months from the date of this decision a plan indicating the positions, design, materials and type of screen walls/fences/gates/hedges and retaining walls to be erected, shall be submitted to the Local Planning Authority. The approved screens/walls/fences shall be erected within two months of the date of approval of the details (condition) 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 Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

5 The area hatched and marked 'grasscrete' on Site and Block Plan 190839 - 202 Rev C shall not be used for the storage or parking of vehicles or machinery at any time. REASON: In the interests of the visual amenities of the area and in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

6 Within six months of the date of this decision, provision for motorbike (powered two wheelers), disabled parking and electric vehicle charging spaces shall be made in accordance with the Council's Parking Supplementary Planning Document. The development shall thereafter be maintained with such provision. REASON: In the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011 - 2029 and with the Parking Supplementary Planning Document (July 2018).

7 Within six months of the date of this decision, cycle parking facilities shall be provided in accordance with the Council's Parking Supplementary Planning Document. The development shall thereafter be maintained with such provision. REASON: To improve provision for cyclists and discourage the use of the car wherever possible and in accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029 and the guidance contained with the Parking Supplementary Planning Document (2018).

8 Within two months of the date of this decision, refuse storage and collection facilities shall have been provided in accordance with detailed drawings to be submitted to the Local Planning Authority, such drawings to show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details. REASON: To ensure that the storage and collection of refuse does not harm highway safety or impact detrimentally upon the amenities of the site in accordance with Policies CN9, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, the Parking Supplementary Planning Document (2018) and Design and Sustainability Supplementary Planning Document (2018).

9 No machinery or plant shall be operated, no process shall be carried out and no deliveries taken at received or dispatched from the site except between the following hours: 0700 Hours and 1900 Hours on Mondays to Fridays and 08:00 and 13:00 Hours on Saturdays and; at no time on Sundays or recognised public holidays. REASON: To protect the amenities of the occupiers of nearby properties in accordance Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.

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

11 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.

12 All wildlife protection, mitigation and enhancement measures shall be carried out in accordance with Section 4 of the All Ecology Ecological Appraisal dated January 2020 and Section 6 of the All Ecology Great Crested Newt Survey dated June 2020. The development shall be carried out and thereafter maintained in accordance with the details of the approved reports. REASON: In order to mitigate impacts on key habitats and species and to help maintain the biodiversity of the area in the long-term in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and in accordance with Section 15 of the National Planning Policy Framework (February 2019).

13 Within two months of the date of this decision, a Habitat Enhancement Plan shall be submitted to the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved. REASON: Details are required as insufficient information was provided with the application and to help protect and enhance the biodiversity of the area in the long- term, in accordance with Paragraph 170d of the National Planning Policy Framework (February 2019) and Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029.

14 Notwithstanding the approved plans, prior to installation, details of an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with this plan. No other external lighting shall be erected within site, at any time, other than that approved. REASON: In the interests of the visual amenities of the area and to ensure that the development does not have an adverse impact upon protected species, including bats and their habitats in accordance with Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (February 2019).

15 Prior to the commencement of development of the passing place along Public Right of Way 13, including site clearance, ground preparation, temporary access construction/widening, material storage or construction works, an Arboricultural Method Statement along with a Tree Protection Plan prepared in accordance with BS5837:2012 "Trees in relation to design, demolition and construction" shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the specification and positioning of temporary tree protective fencing and ground protection where required. The approved tree protection shall be erected prior to any site activity commencing and maintained until the area is to be landscaped. No development or other operations shall take place other than in complete accordance with the approved Arboricultural Method Statement and Tree Protection Plan. 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 (February 2019) and Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.

16 No materials shall be stacked or deposited to a total height exceeding 5.6m above ground level within the site. REASON: In the interests of the visual amenities of the area in accordance with Sections 12 and 15 of the National Planning Policy Framework (February 2019) and Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

17 No retail sales to the general public shall take place from the site. REASON: In the interests of highway safety and to ensure that the development does not have an adverse impact upon Footpath 13, a Public Right of Way in accordance with Sections 9 and 15 of the National Planning Policy Framework (February 2019) and Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011 – 2029.

Informative(s):-

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.

In this instance:

- the applicant was updated of any issues after the initial site visit; - considering amended plans; - the application was subject to the imposition of conditions.

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

4. In relation to condition 13 the recommendations given in Sections 4 and 6 of the All Ecology Ecological Appraisal and All Ecology Great Crested Newt Survey respectively should form the basis of the habitat enhancement scheme.

5. Guidance pertaining to the requirements for disable parking, electric vehicle and motorbike (powered two wheelers) parking spaces, as required by condition 6 above, can be found within Sections 13, 15 and 16 of the Council's Parking Supplementary Planning Document.

6. The works hereby approved should not impede or interfere with the nearby Public Right of Way. Should the Applicant have any questions regarding the Right of Way, they should contact the Hampshire Countryside Service Team at [email protected] or 01962847974.

7. 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.

8. In relation to condition 2, the applicant is advised that as an alternative to conventional 'grasscrete', a suitable ground reinforcement system could comprise of plastic grids or matting which will allow large vehicle turning without adverse visual impacts on the landscape.

9. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning-application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.

Cttee: 11 Item No. 5 Item No. November 2020

Application no: 19/03348/FUL For Details and Plans Click Here

Site Address Riverside House Wildmoor Lane Sherfield-On-Loddon RG27 0HE Proposal Erection of 1 no. 2 bed dwelling

Registered: 16 December 2019 Expiry Date: 10 February 2020 Type of Full Planning Case Officer: Jemma Cox Application: Application 01256 845304 Applicant: Mr & Mrs Blakeley Agent: Mr Steven Cottrell Ward: Bramley And Ward Member(s): Cllr Chris Tomblin Sherfield Cllr Nicholas Robinson

Parish: SHERFIELD ON OS Grid Reference: 469387 156083 LODDON CP

Recommendation: the application be REFUSED for the following reasons:

Reasons for Refusal

1 The application is for the provision of new housing outside of a Settlement Policy Boundary and has not been accompanied by sufficient justification to demonstrate, that the proposals are of a scale and type that meets a locally agreed need (criteria e of Policy SS6 of the Basingstoke and Deane Local Plan 2011 - 2029), in order to be considered as an exception to the general policy of restraint for housing in the countryside. The proposal is contrary to Policies SS1 and SS6 of the Basingstoke and Deane Local Plan 2011-2029. The National Planning Policy Framework requires that the planning system should be genuinely plan led (paragraph 15). The harm arising from this conflict with the Local Plan, including lack of evidence of a locally agreed need, would demonstrably and significantly outweigh the limited benefits of the scheme to provide one dwelling house, which would not contribute in a significant way to the current housing land supply position. The application is therefore contrary to the National Planning Policy Framework (2019), including paragraph 11d.

2 The proposed development would introduce domestic built form and residential paraphernalia within open and undeveloped countryside. This in combination with associated garden boundaries, hard surfacing and car parking, would result in an incongruous form of development which would have an urbanising impact on the tranquil setting of the rural countryside and the character and setting of the River Loddon, an important landscape feature, significantly diminishing the contribution of the site to the surrounding open landscape. As such the proposed development is contrary to the National Planning Policy Framework, Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policies D1 and D2 of the Sherfield on Loddon Neighbourhood Development Plan 2011-2029.

General Comments

This application has been brought to the Development Control Committee at the request of Cllr Tomblin for the following reason:

"I would request that D.C. committee make a planning judgement on this application as it would benefit from member discussion of the reasons for refusal, having made a visit to the site."

Planning Policy

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Basingstoke and Deane Local Plan 2011-2029 and the Sherfield on Loddon Neighbourhood Development Plan 2011- 2029 which locates the application site outside any Settlement Policy Boundary. The site is therefore located within a countryside location.

National Planning Policy Framework (NPPF) (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 15 (Conserving and enhancing the natural environment) Section 16 (Conserving and enhancing the historic environment)

Basingstoke and Deane Local Plan 2011-2029

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

Sherfield on Loddon Neighbourhood Plan 2011-2029

Policy D1 (Preserving and enhancing historic character and rural setting) Policy D2 (Design of new development) Policy G1 (Protection and Enhancement of Natural Environment) Policy H1 (New housing) Policy H3 (Provision of housing to meet Local Needs) Policy T3 (Improving road safety in Sherfield on Loddon)

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

Planning Obligations for Infrastructure SPD (March 2018) Design and Sustainability SPD (2018) Parking Standards SPD (2018) Landscape and Biodiversity SPD (2008)

Other material documents

National Planning Practice Guidance The Community Infrastructure Levy (CIL) Regulations 2010 (Revised 2015)

Description of Site

The application site comprises an area of undeveloped land to the west of Riverside House, off Wildmoor Lane. The application site forms part of a gently sloping piece of land between Wildmoor Farm and Riverside House. Access to the site is via an existing gravelled driveway serving Riverside House. Immediately west of the application site, separated by an established coniferous hedge, is Wildmoor Farm, comprising of several agricultural buildings.

To the south of the site lies the property and generous grounds of Water Bailiff's Cottage. To the east, further down the slope towards the River Loddon lies Riverside House. The northern site boundary is formed by an existing field boundary hedge beyond which lie several agricultural fields. A number of public rights of way criss- cross the area, including a footpath that follows the river valley between Water Bailiff's Cottage and Riverside House, at a distance of approximately 100m from the application site.

Proposal

This application seeks planning permission for the erection of a detached single storey, 2 bedroom dwelling.

Overall, the proposed dwelling would measure 15.5m wide and 5.5m deep with a barn hipped roof forward projection. Externally the dwelling would be constructed from timber effect cladding set atop a Red multi brick plinth. The roof would be finished in grey slate tiles.

A new gravel driveway is proposed to extend from the existing driveway serving Riverside House, providing off street parking for at least three vehicles. Tree planting is proposed to the east of the application site. The eastern boundary of the plot would comprise a new mixed native hedge.

Amendments

Amended plans were received in response to consultee comments. Amendments comprised:

 Reduction of ridge height by 0.8m  Omission of first floor accommodation and dormer windows  Omission of detached garage  Additional tree planting  Change from 3 bed to 2 bed

Consultations

Sherfield on Loddon Parish Council: Initial Comments: "Sherfield on Loddon Parish Council wish to object to this application.

The Parish Council believes that this application contributes to urbanisation of a rural area and of course will set a precedent for additional development in the specified area and is contrary to the Sherfield on Loddon Neighbourhood plan

The access road to the site is not suitable for an increase in additional traffic that a 3 bedroomed house would create and also the drainage at the site is also inadequate in the Parish Council's opinion.

The Parish Council is extremely concerned that the Environmental Protection Officer has highlighted an issue of potential contaminated land."

Comments following amended plans: "Thank you for the amended plans.

Having considered them the Parish Council feels that the amended plans has not addressed any of its concerns and therefore the objection to this application is still valid."

Landscape: Initial Comments: Objection.

Comments following amended plans: Objection.

Trees: No objection subject to conditions.

Biodiversity: No objection subject to conditions.

Environmental Health: No objection subject to conditions.

Joint Waste Client Team: No objection.

Public Observations

Three letters of objection have been received:

 If approved the proposals would set a precedent for future development  Residential development has been recently dismissed at appeal  Contrary to the Neighbourhood Plan - Neighbourhood Plan sought to restrict development to the immediate area of the village to protect and preserve the rural character of the area  Wildmoor Lane is a single-track road and additional traffic generation would be dangerous  Additional housing is not needed in the Parish  The private motor vehicle will remain the preferred mode of transport as access to public transport is restricted and not desirable on foot  Suburbanisation of the rural areas; degradation of special character of this location – similar to concerns raised in recent appeal decision  The adjoining development retains the utilitarian agricultural appearance and the proposed house would be in stark contrast to this approach  Undesirable precedent if approved

Three letters of support have been received:

 The site is highly accessible and is in close proximity to services and facilities  Wildmoor Lane is safe and capable of accommodating the additional traffic

Relevant Planning History

Whilst there is no relevant planning history related to the application site itself, there is relevant planning permission on adjoining land:

Application 17/02842/GPDADW proposed the conversion of agricultural building to 3 no. dwellinghouses. This application confirmed that the change of use was permitted under the provisions of the General Permitted development Order. This permission has been implemented.

Following the approval of 17/02842/GPDADW a comprehensive re-development scheme to erect 3no. dwellings following the demolition of the agricultural barns was submitted under application reference 18/00619/FUL. This application was refused by the Local Planning Authority for the following reasons:

1. The proposals would result in an unacceptable form of development which would be unsympathetic to the character and visual quality of the area and would adversely affect the visual amenity and scenic quality of the surrounding area, and important views and the setting of Sherfield on Loddon. As such the proposals would be contrary to Policy EM1 (b) and (c) of the Basingstoke and Deane Local Plan 2011-2029, and Policy D1 of the Sherfield on Loddon Neighbourhood Development Plan 2011-2029

2. The proposals would result in an unacceptable form of development which would be detrimental to the character of the surrounding landscape through the introduction of residential urban form with associated domestic paraphernalia and lighting which would be to the detriment of the intrinsically dark landscape, as such the proposals would be contrary to Policy EM1 (f) of the Basingstoke and Deane Local Plan 2011-2029 and Policy G1 (c) of the Sherfield on Loddon Neighbourhood Development Plan 2011-2029.

3. The proposals would result in an unacceptable form of development which would adversely affect the character and appearance of the River Loddon area through the introduction of inappropriately located residential development with associated sewage treatment plant and as such would be contrary to Policy EM1 (e) and (h) of the Basingstoke and Deane Local Plan 2011-2029.

4. The proposals would result in an unacceptable form of development inappropriate in its design, built form, appearance and density which would not positively contribute towards local distinctiveness and the appearance of the area and as such would be contrary to Policies EM1 (d) and EM10 (1c) of the Basingstoke and Deane Local Plan 2011-2029 and Policy D2 of the Sherfield on Loddon Neighbourhood Development Plan 2011-2029.

5. The proposals would result in an isolated form of development, located in an area of high environmental value and would be of an inappropriate scale of development with regards to the sites' context and as such would be contrary to Policy SS6 (a) of the Basingstoke and Deane Local Plan 2011-2029 and Policy D2 of the Sherfield on Loddon Neighbourhood Development Plan 2011- 2029.

6. The proposals would result in an unacceptable form of development which would not provide a safe, suitable and convenient access for all potential users and as such would adversely affect highway safety and would be contrary to Policy CN9 (b) of the Basingstoke and Deane Local Plan 2011-2029.

The refusal was appealed and the appeal was dismissed in August 2019. In dismissing the appeal the Inspector noted the following points:

 Close to the site there is a loose collection of residential properties and farmsteads which comprise substantial detached dwellings set within generous grounds, as well as a nearby example of a pair of semi-detached dwellings. The narrow road, high hedges, substantial areas of open agricultural fields and presence of woodland give the area an intrinsically rural character and sense of remoteness.  The existing barn structures are utilitarian in design, being predominately constructed of metal portal frames and sheeting. In this respect, the existing agricultural and equestrian barns, while being utilitarian in appearance, are typical of modern agricultural buildings which are part and parcel of a working, farmed landscape and do not appear out of place within the site. The proposed dwellings would be substantial in terms of their individual mass and heights, which would be in sharp contrast to the adjacent farm outbuildings.  The appeal proposal would significantly increase the volume of built residential form at the site and, by reason of the height, mass and spread of the proposed dwellings, would change the character and appearance of the site from agricultural to residential, with the lighting, activity and domestic paraphernalia that would entail. Inevitably, the site would take on a more urban character, with the proposed landscaped garden areas contrasting with the less formal mixture of hard surfacing and grass surrounding the existing agricultural and equestrian buildings.  Consequently, the appeal proposal would alter the agricultural appearance of the site to that of a domestic residential one and, consequently, would have an urbanising effect on this rural countryside location. This would be harmful to the character and appearance of the surrounding area and detrimental to local distinctiveness. Whilst acknowledging that the site is, to some degree, screened from views from the nearby road and public footpath by vegetation, the site is located at the top of a gentle slope which rises from the nearby river and, in combination with the height of the proposed dwellings, would be likely to be visible from the wider surrounding area especially during the winter months.  The appeal proposal would alter the character of the area to that of urban residential and would therefore be detrimental to local distinctiveness  The fall back position (prior approval conversion) would retain the structure and outward appearance of a barn and therefore would not result in the character of the surrounding area being altered to that of an urban residential development.  The appeal site is located in an area off Wildmoor Lane, where residential housing is at a very low density and predominately comprises detached dwellings set within very generous grounds. The appeal proposal, however, would provide housing which would be arranged in a cluster with separation distances between the proposed dwellings being significantly less than that experienced by existing residential development within the immediate surrounding area. Consequently, the proposal would result in a form of development which would not reflect or respect local distinctiveness with regards to the density of housing.  Criterion (e) of Policy EM1 of the Local Plan provides that development must not be detrimental to trees, woodland and water features such as rivers. Criterion (h) of this Policy expands on this in relation to certain named waterways including the nearby River Loddon and confirms that the character of these rivers is to be safeguarded.  The proposed development would be visible from the nearby river and specifically from a crossing southeast of the appeal site. The appeal proposal would have an urbanising effect on the area, with the area of higher density of housing appearing out of place within the context of the surrounding rural landscape. This would draw the eye of passers-by and, by reason of the proximity of the River Loddon to the site, would have a detrimental effect on the character and appearance of this river at this location.  For the above reasons, the appeal proposal would conflict with criteria (b), (c), (d), (e) and (h) of Policy EM1 and Policy EM10 (1) (c) of the Local Plan and would be contrary to Policies D1 and D2 of the Neighbourhood Plan. The Appeal was dismissed in this regard.  In respect of concerns raised in relation to dark skies landscapes, the Inspector noted that the development would be unlikely to significantly increase levels of light pollution. Consequently, no conflict with criterion (f) of Policy EM1 of the Local Plan or Policy G1(c) of the Neighbourhood Plan was upheld.

In respect of reason for refusal 5 the Inspector concluded that the appeal proposal would not result in 'isolated' homes and, therefore found no conflict with Policy SS6 of the Local Plan in this regard.

In response to reason for refusal 6, the Inspector concluded that the appeal proposal would not be harmful to highway safety and, consequently, the proposed development would accord with the provisions of Policy CN9 of the Local Plan which seeks to promote a safe, efficient and convenient transport system.

Whilst of the dismissed proposals were of a slightly larger scale than the current proposed development, this recent appeal decision is considered to form a material consideration in the determination of this application.

Assessment

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.

 Housing Land Supply

Planning applications will therefore have to be considered in line with paragraph 11d) 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.

 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. The Local Plan (paragraph 4.70) is explicit in its aims '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'.

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 most relevant Local Plan policy for the proposal is Policy SS6 (New Housing in the Countryside) which sets out the 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; g) or is allocated by a Neighbourhood Plan.

The NPPF provides a definition of Previously Developed Land (PDL) within its glossary at annex 2, this states that PDL is: "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 was last 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 itself in undeveloped and there are no permanent structures on the site. Whilst the application site falls within the same ownership as Riverside House, it is not considered to fall within the residential curtilage of the property. As such, the site does not accord with the above definition and does not constitute Previously Developed Land and therefore does not accord with the criteria of SS6(a).

With the proposal not comprising PDL, it is not necessary to then fully consider whether the proposal accords with criteria a) i) - iii) addressing the location in terms of its isolation, the value of the land or the use and scale of the development.

In addressing the remaining criteria to Policy SS6, the most relevant criteria to the development proposed would appear to be criterion SS6(e). Policy SS6(e) states that 'small scale residential proposals of a scale and type that meet a locally agreed need provided that:

ix) It is will 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 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), it is acknowledged that the application is for 1no. dwelling and therefore meets the exception in this regard. However insufficient supporting evidence has been provided to demonstrate that the proposal would meet a specific and clearly identified unmet housing need in the local area in terms of number, size type and tenure.

The Council has published a guidance note 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 submitted Planning Statement suggests that the proposed development would meet a locally agreed need by virtue of the Councils current lack of 5 year housing land supply. Whilst it is not disputed that the Council is currently unable to demonstrate a five year housing land supply, as set out within the 'New homes in the countryside to meet a locally agreed need - Guidance (2019)' document, a general need for housing in the borough does not satisfy the exception of a 'locally agreed need'.

The submitted information alone and as presented, is therefore considered insufficient to determine a 'locally agreed need' and does not adequately assess the specific need arising from the site to which this proposal relates to.

Policy SS6(e) additionally requires that the 'scale and type' of housing proposed relates to the 'locally agreed need'. In the absence of a demonstrated local need, it is unclear as to how the mix and type of housing would be informed by local requirements.

Overall, it is considered that the applicant has failed to provide sufficient information to support the application in respect of SS6(e) and there is no evidence to conclude that there is a locally agreed need for the accommodation proposed. As such it is the LPA's view that the applicant has failed to adequately demonstrate that the proposal would meet a locally agreed need in accordance with Policy SS6(e) of the Local Plan.

Whilst the development would not accord with Policy SS6 of Local Plan, as mentioned above, the Local Planning Authority is unable to demonstrate a 5 year housing land supply therefore Policy SS6 is considered out of date as it relates to housing delivery. An assessment of the development in light of this, and the balance required by paragraph 11(d) of the NPPF will be given in the 'Planning Balance and Conclusion' section of this report.

 Other relevant Local Plan policies are:

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

Policy EM4 establishes that proposals will only be permitted where significant harm to biodiversity can be avoided or adequately mitigated unless there is a demonstrated overriding public need.

Policy EM9 sets out that development for new homes will need to meet a water efficiency standard of 110 litres or less per person per day, unless clear demonstration is given that this would not be feasible. It is considered appropriate that this requirement be dealt with by way of condition.

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.

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

Sherfield on Loddon Neighbourhood Plan

Policy H1 of the Sherfield on Loddon Neighbourhood Plan (SOL NP) sets out that, "Proposals for new housing will in principle be supported within the Sherfield on Loddon Settlement Policy Boundary and the use of brownfield sites will be especially welcomed". The application site sits outside of the settlement policy boundary and as discussed above, the application site does not constitute previously developed land.

Policy H3 of the SOL NP requires that new housing must demonstrate how the types of homes will contribute to a balanced mix of housing in the parish and meet the needs identified in the Action Hampshire Housing Needs Survey. This survey indicates that whilst the greatest need is for 2 bed market dwellings, a need has been identified for four bedroom market properties. The proposed dwelling would be for 1no. 2 bed private market dwelling and as such would meet this need in accordance with Policy H3 of the SOL NP. Notwithstanding this, this does not demonstrate that the proposed development meets the criteria in respect of meeting a locally agreed need under the provisions of Policy SS6e of the Local Plan, as set out in detail above.

Policy D1 of the SOL NP requires development to conserve or enhance the relevant character areas identified in the Sherfield on Loddon Character Assessment and having regard to:

a) the scale and form of the development, b) the density of the development, c) the materials used in the development, d) the distinctive character of the open landscapes of the parish, e) the strategic views and vistas, f) the tree and hedgerow planting that reinforces and reflects local biodiversity in the parish, g) the local historic environment, h) the Conservation Area.

Strategic views are indicated in figure 6-3 of the SOL NP. Two view points; viewpoints 10 and 12 include longer distance views towards the application site. The impact of the proposed development on these views is considered under the 'Impact on the character of the area/design' section.

Policy D2 of the SOL NP sets out the need for good quality design and consideration to be given to density, respecting rural nature of parish and to give impression of spaciousness. The use of landscaping and planting and integration of car parking is also encouraged. The design of the proposed dwellings will be considered further under the 'Impact on the character of the area/design' section.

 National Planning Policy

In accepting that there is not complete compliance 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. It is necessary for the LPA to consider carefully to what degree the proposal would meet the sustainable development objectives of the NPPF. The economic role of the NPPF requires proposals to contribute to building a strong, responsive and competitive economy. The social role requires planning to support strong, vibrant and healthy communities and states that it should create a high quality built environment. The environmental role states that the natural built and historic environment should be protected and enhanced and should mitigate and adapt to climate change.

Whilst it is noted that the proposal is of a relatively small scale, the proposed development would encourage development and associated economic growth through the associated building works of one new dwelling. In addition, future occupants of a residential development would contribute to the local economy and contribute towards ensuring the continued viability of local facilities and services in the nearby settlement and wider Borough. The proposal can therefore be recognised to comply with the economic role of the NPPF although as these benefits relate to the provision of only 1no. additional dwelling, this is afforded limited weight.

In terms of the social role, the proposal would provide a new dwelling which could have a 'positive' social aspect as it would increase the supply and mix of houses and in this regard the development would provide social benefits to the local community, albeit these benefits would be limited. With regard to the environmental role of the development, an important consideration is the location of the development and whether the scheme would result in an isolated form of development, this is dealt with later in the report. Furthermore in 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. There would also be an ability to impose conditions securing biodiversity enhancements to the site, as well as new/additional landscaping and whether these are reasonable will be considered in the assessment below under the relevant section.

In considering new housing in rural areas Paragraph 78 of the NPPF 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."

As discussed in more detail below the application site is not considered to be physically isolated where it is located within a small collection of dwellings. As such, it is considered that the development would contribute to the enhancement or maintenance of a viable rural community.

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 paragraph 79, reference has been given to case law.

Braintree DC v SSCLG [2018] Civ 610 ('the Braintree case') forms 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 of the previous NPPF (2012), now paragraph 79 (2019), 'isolated' simply connotes a dwelling that is physically separate or remote from a settlement (officer emphasis added). 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' as set out within the NPPF could have a dual meaning, being physically isolated or functionally isolated (isolated from services and facilities). The definition of isolation with the Local Plan therefore goes beyond the above interpretation of the NPPF. Therefore for the purposes of considering this application, the definition provided by Braintree is used.

In terms of whether the site is 'physically separate or remote from a settlement,' this particular site lies outside any defined settlement, but would form part of a small collection of other properties and buildings located to the west of the application site. There are also individual dwellings to the east. Whilst not specifically served for by services and facilities, the proposed dwelling would be sited within an area where there is a meaningful collection of properties or group of houses as you would expect in places such as a hamlet, village or settlement. Therefore the site is not considered to be physically isolated and the development would be in accordance with the NPPF 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 D1 of the NP requires that development proposals preserve and enhance the historic character and rural setting of Sherfield on Loddon.

The application seeks planning permission for the erection of a single storey dwelling on land to the west of Riverside House off Wildmoor Lane. The application site forms part of a gently sloping piece of land between Wildmoor Farm and Riverside House. Access to the site is via the existing gravelled driveway serving Riverside House. Immediately west of the application site, separated by an established coniferous hedge, is Wildmoor Farm, comprising of several agricultural buildings. It is notable that the buildings immediately adjacent the site are currently undergoing conversion to 3no. residential units. However, by virtue of the nature of the conversion, the agricultural style buildings will largely retain their utilitarian appearance.

The surrounding landscaping has a predominantly rural character and a sense of remoteness and tranquillity, enhanced by the broad shallow slopes of the River Loddon which give it its coherence. The surrounding landscape lies within the Loddon and Lyde Valley Character Area (ref: BDBC Landscape Assessment 2001) displaying some of the key characteristics, such as:

 Broad, shallow valley sides of the River Lyde and River Loddon that meander through, and unify, the varying landscape types;  generally unspoilt, quiet and rural character, and a sense of remoteness in less accessible parts of the river valley;  relatively low intervisibility within the area, due to landform and vegetation minimising views, but more extensive views possible in the more open northern and southern landscapes;  low settlement density, with dispersed villages, hamlets and isolated farmsteads, linked by a network of narrow winding roads;

The proximity of the River Loddon and combination of adjacent small scale fields, hedgerows and woodland copses give the countryside surrounding the site a predominantly rural character and a sense of remoteness and tranquillity. In terms of impacts on landscape character, these do not necessarily relate to visual amenity and are irrespective of the visibility from footpaths as landscape character relates to the particular qualities of a landscape and its sense of place. Nevertheless, the proposed development is considered to have detrimental impacts on the landscape character together with adverse impacts on the visual amenity of the area.

The proposals seek to construct a single storey detached dwelling within a square shaped residential curtilage and garden area in the top north-western corner of the existing sloping field. In consultation with the Landscape Officer, it is considered that even in its amended form the proposal would result in unacceptable adverse impacts on both landscape character and visual amenity through the introduction of domestic built form and residential paraphernalia within an area of open and undeveloped countryside. This in combination with garden boundaries, hard surfacing and car parking, would result in an incongruous form of development which would have an urbanising impact on the tranquil setting of the rural countryside.

When compared with the adjacent (under construction) residential development, the barn conversions forms part of the cluster of buildings associated with Wildmoor farmstead and retains an agricultural and utilitarian character, whereas the proposal is for a new residential development in an incongruous manner, unrelated to its surroundings resulting in detrimental effects on local distinctiveness and rural, tranquil character. Whilst the recent Appeal decision on the adjoining site was for two storey dwellings compared with the single storey nature of the currently proposed bungalow, the proposed development would nevertheless introduce domestic use and activity to an area of undeveloped countryside result in an urbanising appearance which would be detrimental to the landscape character.

Furthermore, as with the adjacent Appeal proposals, the formalised areas of private amenity spaces and boundary treatments would result in development that would be out of keeping whereby housing in the area is at a very low density and predominately comprises detached dwellings set within very generous grounds. The overall scale, shape and size of the proposed square shaped plot would not conform with this prevailing characteristic. Nearby residential development is sporadic and relatively limited to the cluster of buildings associated with Wildmoor Farm to the west (which is quite physically separate from the application site), and Water Bailiffs Cottage and Riverside House, which are properties at the end of tree lined drives. In contrast, the proposed dwelling would be significantly different in character from these existing properties with a layout that would be incongruous resulting in urbanising impacts on the landscape and its local distinctiveness.

In addition, and in line with the recent Appeal on the adjacent site, whilst some screening is existing, it would still be possible to obtain views from nearby roads and footpaths, especially given the site location on rising ground. As such the development would result in adverse impacts on visual amenity and scenic quality, and on the sense of place, sense of remoteness and enjoyment of the landscape from public rights of way. Moreover, any screening afforded by existing vegetation would be lost in the winter months and therefore site would be more visible. The proposed additional tree planting is not considered to mitigate against these impacts to an acceptable degree.

Furthermore, criterion (e) of Policy EM1 of the Local Plan provides that development must not be detrimental to trees, woodland and water features such as rivers. Criterion (h) of this Policy expands on this in relation to certain named waterways including the nearby River Loddon and confirms that the character of these rivers is to be safeguarded.

As noted above, and acknowledged by the Inspector within the recent adjacent appeal, further residential development would be visible from the nearby river and specifically from a crossing southeast of the appeal site. At explained above, the proposal would have an urbanising effect on the area, with further residential development appearing out of place within the context of the surrounding rural landscape. This would draw the eye of passers-by and, by reason of the proximity of the River Loddon to the site, would have a detrimental effect on the character and appearance of this river at this location. The proposed development is therefore contrary to Policy EM1e) in this regard.

Overall, the proposed development would, by virtue of the introduction of domestic built form and residential paraphernalia within open and undeveloped countryside, result in urbanising impacts on the tranquil setting of the rural countryside and the character and setting of the River Loddon contrary to criteria (b), (c), (d), (e) and (h) of Policy EM1 and Policy EM10 (1) (c) of the Local Plan and would be contrary to Policies D1 and D2 of the Neighbourhood Plan. The application is recommended for refusal in this regard.

Impact on neighbouring amenities

The application site is located approximately 115m from Riverside House to the east, 55m from Water Bailiffs Cottage to the south-east and some 27m from the barn to the west currently undergoing conversion to 3no. residential units. By virtue of these separation distances the proposed development would not have adverse impacts on neighbouring amenity by virtue of overlooking, overshadowing or loss of light. Furthermore, it is acknowledged that the existing, established coniferous hedge along the western side boundary, separating the proposed development from the future dwellings as part of the agricultural building conversion would be retained.

Overall it is considered that the proposed development would not significantly detract from the amenities of adjoining occupiers and is considered acceptable in this regard.

Amenities to the proposed dwelling

Section 10 of the Design and Sustainability Supplementary Planning Document 2018 sets out that:

 New housing development should provide a suitable outlook and level of natural light for both new and neighbouring dwellings  Dwellings should have sufficient daylight to allow the comfortable use of habitable rooms including living rooms, dining rooms, bedrooms and kitchens  Residents should also be able to enjoy an outlook of good quality from these rooms and spaces without adjacent buildings being overbearing.

The positioning of openings within the proposed dwelling would result in satisfactory amenity levels for the proposed future occupiers of the dwelling. This is due to the provision of habitable room windows for adequate natural light and outlook in line with Section 10. In addition, the shape and size of private amenity space for to serve the dwelling is considered to be sufficient to meet recreational and domestic needs of future occupants in line with Section 10.

Highway safety and parking

 Parking and access

The proposed 2 bedroom dwelling would generate a parking demand of 3 spaces as the site lies within a rural location for the purposes of the Parking Supplementary Planning Document (2018). The proposed site plan illustrates sufficient areas for the parking and turning of at least 3 vehicles. The development is therefore acceptable in terms of parking provision.

In order to prevent future overspill of parking onto the adjoining highways, it would have been considered reasonable to secure the retention of the parking spaces by way of condition.

The potential traffic generation from the development (one dwelling) is also considered acceptable whereby the proposal would not have a severe detrimental impact on the operation and safety of the local highway network

It is proposed to utilise the existing access onto Wildmoor Lane, and therefore visibility is also considered acceptable.

 Cycle Storage

In accordance with the Parking SPD, a dwelling of this size should provide for the long term storage of at least 2no. cycles. No details of cycle storage provision have been submitted but it considered that adequate space would be available for appropriate levels of storage. Nevertheless, further details of this could have been secured by way of condition had the application been otherwise acceptable.

 Waste

Basingstoke & Deane Borough Council operates a kerbside waste collection service. This is operated via wheeled containers which must be left adjacent to the nearest adopted highway for collection on the specified waste collection. The proposed development will be required to leave wheeled containers on Byes Lane for collection on the specified collection day and removed from the highway and returned back to the property as soon as possible following collection.

In accordance with Appendix 3 of the Design and Sustainability SPD, the proposal should be provided with space for the storage of 1no. 240 litre waste bin, 1no. 240 litre recycling bin and 1no recycling container for glass. No details of bin storage provision have been submitted but it considered that adequate space would be available for appropriate levels of storage. Had the application been acceptable in other respects, this could have been secured by condition.

The bin collection point has however been marked out on the submitted plans. It is proposed that the bins would be collected from access point on Wildmoor Lane. In accordance with Appendix 3, residents should not have to wheel their bins or containers ma distance greater than 15m to the edge of the property or collection point ready for collection. The proposed dwellings would be sited well over 15m from Wildmoor Lane therefore, the development would not be in accordance with Appendix 3 of the Design and Sustainability SPD in this respect. However, it is acknowledged that this arrangement would not be too dissimilar to the existing one for the occupiers of Riverside House and the future occupiers of the adjoining development (under construction) and is common in the more rural parts of the Borough. It is therefore considered that refusal on this basis would be difficult to substantiate.

Overall, the proposed development is therefore considered acceptable in highway safety respects, in compliance with Polices CN9 and EM10 of the Local Plan.

Biodiversity

Policy EM4 establishes that proposals will only be permitted where significant harm to biodiversity can be avoided or adequately mitigated unless there is a demonstrated overriding public need. The policy also seeks to provide for biodiversity enhancements within the new development.

The application site is situated close to the River Loddon and Lower Mill Fen Site of Importance for Nature Conservation (SINC) and an area mapped under Ecological Network Opportunities mapping within the Basingstoke and Deane Landscape, Biodiversity and Trees SPD. It is also rural in nature and bounded by surrounding hedgerows. A Preliminary Ecological Assessment (PEA) was therefore requested in order to identify any potential ecological issues or constraints to the proposed development.

The submitted PEA confirms that the site has few ecological constraints being comprised of low cropped grassland. Nevertheless, a few enhancement measures are proposed to increase the nature conservation value of the site:

 Native species planting  Permeable boundary treatments to promote free movement of wildlife throughout the site  Provision of roosting and nesting opportunities through the insulation of bat and/or bird boxes  Sensitive lighting scheme

In consultation with the Biodiversity Officer, the proposed development is considered acceptable. In line with the recommendations of the PEA, had the application been otherwise acceptable, conditions securing biodiversity enhancement measures would have been included in order to prevent adverse impacts on surrounding habitats and to achieve net gains for biodiversity in line with Policy EM4 of the Local Plan.

Trees

A tree survey has been prepared in accordance with British Standard 5837: 2012 to support the development proposal. This has identified the crown and root constraints associated with the existing trees and has been used to inform the layout and design of the proposed development.

A total of 5 trees including oak, lime, hornbeam and birch will need to be felled to accommodate the proposed development. In consultation with the Tree Officer, it is acknowledged that trees are relatively young and whilst they are not of sufficient value to justify a refusal of the application, adequate provision should be made for new tree planting to mitigate for their loss and to replace the biodiversity and ecosystem services that they provide. Had all other matters been acceptable, this could have been secured by way of condition.

Moreover, a number of recommendations have been made in the submitted tree report, including temporary fencing around retained trees to ensure they are not accidently damaged during and development work. Subject to the implementation of these recommendations, the Tree Officer raises no objections to the proposed development. Had all other matters been acceptable, a condition to this effect could have been included.

Drainage and Flooding

Policy EM7 (Managing Flood Risk), the NPPF, and National Planning Practice Guidance, require new development to be directed away from the areas that are at the highest risk of flooding, or alternatively demonstrated to be flood resilient and resistant, to include safe access and egress, without increasing residual flood risk elsewhere.

The Environment Agency Flood Risk Maps position the site as falling within Flood Zone 1 giving the site a low risk of flooding (less than 1 in 1000 annual probability) and considers that the site to be at low risk of surface water flooding. Due to the location, and with the site area sitting under 1ha in size, there has not been a requirement to accompany the application with any flood risk assessment.

The application submission details that rainwater run off would be managed by suitably sized soakaways. Whilst no information has been provided in terms of the ground suitability for soakaways, given the sites location within an area at low risk of fluvial or surface water flooding, it is considered that further details on the proposed drainage strategy could have been secured by way of condition. Had the application been acceptable in all other respects, a condition to this effect would have been included.

The development would therefore accord with Policy EM6 and EM7 of the Local Plan and Section 14 of the NPPF.

Environmental Health

The Environmental Health Officer (EHO) has assessed the current application and has raised no objection to the proposed development subject to conditions relating to restrictions on construction and delivery hours. Had the application been otherwise acceptable, these would have been included.

 Contaminated Land

Following consultation with an Environmental Health Officer, it was advised that there are potential sources of contamination at the site. Given this and previous uses in close proximity to the site, which Environmental Health considers potentially contaminating, the ground on the site has the potential to be contaminated. Contamination assessments will therefore need to be undertaken to assess the risks from contamination to future site users. It is however considered that this information could have been reasonably secured through condition. Had the application been otherwise acceptable these would have been included.

Therefore, subject to suitable conditions, the development would have been in accordance with Policy EM12 of the Local Plan.

Sustainable Water Use

Policy EM9 of the Local Plan sets out that development for new homes will need to meet a water efficiency standard of 110 litres or less per person per day, unless clear demonstration is given that this would not be feasible. It is generally considered that this requirement can be secured through condition. Had the application been otherwise acceptable these would have been included, to secure this standard in accordance with Policy EM9 of the Local Plan.

Community Infrastructure Levy

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. From these forms, it would appear that the development would be CIL liable, but would attract a £nil charge in line with the Council's Charging Schedule.

Planning Balance and Conclusion

The principle of the erection of single dwellings in the countryside is allowed for within the development plan. However, in this instance the application does not accord with the detailed criteria contained therein. This is as the site does not constitute previously developed land (SS6a) and it has not been demonstrated that there is a locally agreed need for the development (SS6e). This is set out in detail above.

Whilst the principle of development does not comply with the policies contained within the development plan, as set out above, the council cannot currently demonstrate a deliverable five year supply of housing (with 5% buffer required due to the Housing Delivery Test results). Policy SS6 of the Local Plan is therefore out of date as it relates to the supply of housing. The application must therefore be considered in accordance with paragraph 11(d) 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. There are no protected areas or assets relevant to this application.

Paragraph 78 of the NPPF identifies that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality or rural communities, and paragraph 79 advises that local planning authorities should avoid the development of isolated homes in the countryside. The previously developed land and locally agreed need tests set out within the Local Plan (SS6a and SS6e), which had formed how the Borough Council considered the application of spatial planning for the area, are not repeated (and as above are in any event, given the HLS position, out of date). As set out above, the proposal would not result in an isolated form of development, and would therefore accord with paragraph 78 and 79 of the NPPF. Limited economic, social and environmental benefits have also been identified, however as these benefits amount to the provision of only one additional dwelling, these benefits are afforded limited weight.

Paragraph 127 of the NPPF states that planning decisions should ensure that developments a) function well and add to the overall quality of the area; b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; c) are sympathetic to local character and history including the surrounding built environment and landscape setting.

However, as set out above, the proposed development would, through the introduction of domestic built form and residential paraphernalia within open and undeveloped countryside, in combination with garden boundaries, hard surfacing and car parking result in an incongruous form of development which would have an urbanising impact on the tranquil setting of the rural countryside and the character and setting of the River Loddon, an important landscape feature, significantly diminishing the sites contribution to the surrounding open landscape. As such the proposed development is contrary to the NPPF and Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.

In turning to the harm arising as a result of the identified conflict with the Local Plan's Strategic Housing Polices, it is noted that it is a matter for the decision maker to decide what weight should be given to all relevant material planning considerations. For example, in Suffolk Coastal District Council v Hopkins Homes Ltd (and others) [2017] UKSC 37, Lord Carnwarth (with whom the other members of the Supreme Court agreed) said [§56]:

"As the Court of Appeal Recognised, that [the weight to be given to other policies] will remain a matter for the planning judgement of the decision-maker. Restrictive policies in the development plan (specific or not) are relevant, but their weight will need to be judged against the needs for development of different kinds (and housing in particular), subject where applicable to the "tilted balance""

In that case the local development plan restricted development outside of specified areas in a policy similar to SS6 of the Basingstoke and Deane Local Plan 2011-2029. Although the tilted balance applied in that case, the Supreme Court held that the council was nevertheless entitled to give the policy, as one which restricted housing, a substantial degree of weight.

Lord Carnwarth went further and listed some of the considerations that an LPA might take into account when determining the amount of weight to give to the need for housing and to restrictive policies [§47]. These include:

"the extent to which relevant policies fall short of providing the relevant five-year supply of housing land, the action being taken by the local planning authority to address it, or the particular purpose of a restrictive policy…"

This was further clarified by Lord Justice Lindblom (giving the opinion of the Court of Appeal) in Hallam Land Management Ltd v SSCLG [2018] EWCA Civ 1808 [§51]:

"…the policies in paragraphs 14 and 49 [now 11] of the NPPF do not specify the weight to be given to the benefit, in a particular proposal, of reducing or overcoming the shortfall against the requirement for a five-year supply of housing land. This is a matter for the decisionmaker's planning judgement, and the court will not interfere with that planning judgement except on public law grounds. But the weight given to the benefits of new housing development in an area where a shortfall in housing land supply has arisen is likely to depend on factors such as the broad magnitude of the shortfall, how long it is likely to persist, what the local planning authority is doing to reduce it, and how much of it the development will meet."

In terms of the benefits of the proposed scheme, these would be limited. Where the benefits of a scheme are limited the adverse impacts of a development are more likely to significantly and demonstrably outweigh them.

The development whilst providing no long-term economic development would result in limited economic benefits both through the construction phase and then by future resident expenditure within the local economy. In addition, the development would contribute towards the provision of new homes, which the government seeks to significantly boost, albeit that the provision of 1 additional dwelling would not be a significant contribution.

Despite Policy SS6 of the Local Plan being out of date due to the Councils inability to demonstrate a five years' worth of deliverable housing supply, the resultant conflict with this Policy and the LPA's strategic approach to housing delivery is considered to weigh against the proposals. Paragraph 15 of the National Planning Policy Framework (2019) sates that "the planning system should be genuinely plan led" and given that the Councils shortfall in housing supply is modest, the LPA considers that Policy SS6 of the Local Plan should still be afforded substantial weight.

Notwithstanding the fact that the Council is unable to demonstrate a 5 years worth of deliverable sites, it is considered that the harm of the development as outlined within this report significantly and demonstrably outweigh the benefits. The contribution of one additional dwelling is not of significant benefit to the Housing Land Supply position and the provision of one dwelling does not outweigh the harm identified.

In conclusion and in taking all material planning considerations into account, the development is not considered to represent sustainable development as required by the NPPF, and the harms associated would significantly and demonstrably outweigh the benefits. The application is therefore recommended for refusal.

Informative(s):-

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

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

In this instance:

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

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

Cttee: 11 Item No. 6 November 2020

Application no: 20/01098/FUL For Details and Plans Click Here

Site Address Appleyard Woods Lane Cliddesden RG25 2JF Proposal Erection of 4 no. dwellings with associated parking and access arrangements

Registered: 18 May 2020 Expiry Date: 13 November 2020 Type of Full Planning Case Officer: Phillip Richards Application: Application 01256 845314 Applicant: Mr Bye Agent: Mr Michael Benwell Ward: Upton Grey And Ward Member(s): Cllr Mark Ruffell The Candovers Parish: CLIDDESDEN CP OS Grid Reference: 462843 149249

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

Reasons for Approval

1. The proposal is considered to represent sustainable development and the application would not result in the erection of dwellings in an isolated location within the countryside. The proposal is therefore in accordance with the National Planning Policy Framework (February 2019) (NPPF) and Policy SD1 of the Basingstoke and Deane Local Plan 2011-2029.

2. The principle of dwellings in this location would relate to surrounding development and would not result in significant impacts on the local landscape character subject to an appropriately designed scheme. As such, the proposal complies with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, the National Planning Policy Framework (February 2019) and the Design and Sustainability Supplementary Planning Document (July 2018).

3. The development would not cause an adverse impact on highway safety, subject to the provision of adequate visibility, and space would be available for adequate levels of parking provision to serve the development and as such the proposal complies with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).

4. The proposed development would not cause any adverse impact on biodiversity and as such the proposal is considered to be in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (December 2018).

5. The proposed development would safeguard trees of amenity value on the application site and would therefore comply with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018) in this respect.

General comments

The application is brought before the Development Control Committee in line with the Scheme of Delegation due to the number of objections received and the Officers recommendation for approval.

Planning Policy

The site itself lies outside of the Cliddesden Settlement Policy Boundary but lies adjacent to it with the site access and host dwelling being situated within. The site also lies adjacent the Cliddesden Conservation Area.

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) Section 16 (Conserving and enhancing the historic 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 CN8 (Community, Leisure and Cultural Facilities) Policy CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM6 (Water Quality) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM11 (The Historic Environment) Policy EM12 (Pollution)

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

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

Other material documents

The Community Infrastructure Levy (CIL) Regulations 2010 (as amended 2015) Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Cliddesden Conservation Area Appraisal (2003)

Description of Site

The application site is situated off of Woods Lane, set back approximately 50 metres from the public highway. The site previously contained a commercial plant nursery which stopped operations in 2000. The site is currently laid to grass and enclosed by existing fencing. Dwellings surround the site to the east, west and south, to the north lies paddock land with agricultural buildings beyond. The Cliddesden Conservation Area lies immediately to the south and east of the site.

The character of this part of Woods Lane is formed by a mixture of detached, chalet bungalows fronting the road in a linear layout. Generally, dwellings are set back from the road in deep plots, with a degree of space between each building and landscaped front gardens softened by tree and shrub vegetation.

Proposal

This application seeks permission for the erection of four detached, four bedroomed dwellings, with associated parking, landscaping, access and associated works. The proposed dwellings would measure 12.6 metres in width, 13.5 metres in depth and 8.9 metres in height

The proposed materials are stated as brick and plain roof tiles.

Amended plans have been received which have altered the roof form of Plots 2 and 4.

Consultations

Environmental Health Officer: - No objection, subject to conditions.

Biodiversity Officer – Initial comments: Additional information required.

Final Comments: No objection subject to conditions.

Historic Environment Officer – No objection subject to amendments.

HCC Highways: Standing advice. Comments will be reported on the Update.

Natural England – No comment.

Waste Officer - No objection.

Public Observations

Five letters of objection received, as summarised below:

 Would result in the loss of a green area of land.  Properties set at a higher level and would dominate neighbouring properties.  Loss of privacy.  Removal of trees.  Highway safety and increased traffic.  Overdevelopment of the site. Too dense form of development.  Woods Lane is too small to accommodate additional vehicles.  Out of keeping. Creates urban form of development.  Harm to Conservation Area and the street scene.  No net gain in biodiversity as per Para 170 of the NPPF.  Loss of biodiversity.  Insufficient infrastructure to support additional dwellings.  Lack of affordable homes being provided.  Would lead to a coalesce of Cliddesden and Basingstoke.  Adverse impact upon neighbouring properties.  Light pollution.  No bus stop in close proximity.  Potentially contaminated land.  Swift bricks should be included.

Two letters have been received in support of the application and are summarised as follows:

 Improved safety of access lane.  Improved aesthetics of the site.  Proposal is in line with other recent development.

Relevant Planning History

None.

Assessment

Principle of Development

- 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 11d) 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.

- Local Plan

The site is not considered to constitute 'previously developed land' (PDL) and the planning agent has confirmed that this is the case within the planning statement. The NPPF provides a definition of PDL within its glossary at annex 2, this states that PDL is: "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 was last 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 (officer emphasis added), 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 is not considered to meet the PDL definition. As such, the proposal cannot be considered under Policy SS6 a).

Another SS6 Policy criteria to which this application could be considered against is part (e) and concerns 'local need'.

Policy SS6 (e) states that new housing outside Settlement Policy Boundaries will be only be permitted where they are: e) Small scale 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 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 four dwellings and therefore meets the test relating to scale (four dwellings or fewer) however proposals must also be of a scale and type that meets a locally agreed need. The Council has published a guidance note 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 applicant has failed to provide sufficient information to support the application in respect of SS6 (e) and there is no evidence to conclude that there is a locally agreed need for the accommodation proposed. As such, it is the LPA's view that the applicant has failed to adequately demonstrate that the proposal would meet a locally agreed need in accordance with Policy SS6 (e) of the Local Plan. The principle of the development is therefore not supported by the Local Plan.

In assessing whether the site is isolated, the guidance within the NPPF, most notably paragraph 79 states that Local Planning Authorities should avoid the development of isolated homes in the countryside unless there are special circumstances. 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 paragraph 79, reference has been given to case law and recent planning appeal decisions, beyond the definition within the Local Plan

The Braintree case held that 'isolated' for the purposes of the NPPF, should be given its ordinary meaning as 'far away from other places, building and people' remote'. The judgement therefore concluded that the context of paragraph 55 of the previous NPPF (2012), now paragraph 79 (2019), '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' as set out within the NPPF could have a dual meaning, being physically isolated or functionally isolated (isolated from services and facilities). The Braintree definition is therefore narrower than the definition contained within the Local Plan which defines 'isolation' by both physical separation but also functional isolation in terms of proximity to services and facilities.

What constitutes a settlement is also left undefined in the NPPF. In the Braintree case, LJ Lindblom held that a settlement would not necessarily exclude a hamlet or a cluster of dwellings, without, for example a shop or post officer of its own, or a school or community hall or public house nearby, or public transport within easy reach. Although the proposed development site is located outside of a settlement policy boundary, the site is located within a small ribbon of residential development which is considered in conjunction with the surrounding built form in the immediate area to represent a meaningful collection of buildings. In terms of whether the site is 'physically remote,' the site will be in close proximity to existing residential properties and adjacent to the Cliddesden Settlement Policy Boundary. On consideration of the above, despite the proposal not complying with the first part of Policy SS6a) (where it does not comprise of PDL) or Policy SS6e) (where there is not identified locally agreed need), it is considered that the development would not result in an isolated form of development in light of the 'Braintree Case'.

Notwithstanding this, the principle of the proposed development would not accord with Policy SS6 of the Basingstoke and Deane Local Plan 2011-2029. However, as mentioned above, the Local Planning Authority is unable to demonstrate a 5 year housing land supply, therefore, Policy SS6 is considered out of date as it relates to housing delivery. An assessment of the development in light of this, and the balance required by paragraph 11(d) of the NPPF will be given in the 'Planning Balance and Conclusion' section of this report.

- National Planning Policy

The NPPF sets out the Government's planning policy for England and places sustainable development at the heart of the decision-taking process incorporating objectives for economic, social and environmental protection. These objectives seek to balance growth and local community needs against protection of the natural, built and historic environment.

In having regard to the three objectives of sustainable development, the development site is located within an area comprising of a small collection of residential dwellings leading towards the Settlement of Cliddesden, which is considered to be a meaningful collection of properties. The nearest Settlement Policy Boundary with meaningful services is Cliddesden which is situated adjacent to the southern boundary of the site.

Whilst it is acknowledged that the site would not provide any form of long term economic development, there would be limited economic benefits generated through the construction period with spin offs from wage spending of construction workers and supplier sourcing and following this, consumer spending on goods and services by the occupants of the dwelling within the local economy.

In terms of the social aspects of sustainable development, the development would contribute to the local housing stock, albeit that four dwellings will only be a modest contribution.

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. There would also be an ability to impose conditions securing biodiversity enhancements to the site, as well as new/additional landscaping and whether these are reasonable will be considered in the assessment below under the relevant section.

For rural housing, paragraphs 77-79 of the NPPF are most relevant. Paragraph 78 of the NPPF states that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the viability of rural communities. The application site is not physically isolated (see above) where it is located within a small collection of dwellings and adjacent to a Settlement Policy Boundary. As such, it is considered that the development would contribute to the enhancement or maintenance of a viable rural community.

- 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 itself is not situated within a protected area but is located adjacent to the Cliddesden Conservation Area which is a protected asset of particular importance, an assessment of the proposal with regards to Paragraph 11 is conducted below. However, as there is no clear reason for the refusing the development on these grounds the tilted balance is engaged and paragraph d) ii applies.

Affordable Housing

Local Plan Policy CN1 requires the provision of 40% affordable housing as part of new residential development with a tenure split of 70% rented and 30% intermediate products. Whilst the requirements of the Local Plan are acknowledged, the Council is additionally mindful of the more recent guidance contained within paragraph 63 of the NPPF, which sets out that the "provision of affordable housing should not be sought for residential developments that are not major development (10 units or more), other than in designated rural areas (where policies may set out a low threshold of 5 units or fewer)".

The NPPF is a material consideration in the determination of planning applications therefore this recent guidance is afforded weight and the requirements set out in Policy CN1 in this regard are therefore considered to be out of date. In this instance, it is not necessary for affordable housing provision to be sought in relation to this development as the site is less than 0.5ha and is for four new dwellings only.

Housing Mix

Policy CN3 requires developments to provide a range of house type and size to address local requirements, with the mix to be appropriate to the size, location, density and character of the site and surrounding area. The policy also requires that the mix is to be supported by evidence to justify the proposed housing mix, with supporting text stating this is to be based on an assessment of "a range of sources of housing evidence". Furthermore Policy CN3 requires that 15% accessible adaptable homes to be provided, however this is considered to be able to be secured by way of condition (condition 27).

In having regard to the requirements of the policy, it is acknowledged that the development seeks to provide 4no. four bedroom dwellings and no justification has been submitted in support of the proposed mix.

Paragraph 5.23 of the supporting text to the Local Plan sets out that an appropriate range of housing for any scheme will need to take into account the physical characteristics of the site, the character of the area, community context, housing need and existing provision. Whilst acknowledging that the proposed housing mix would be in keeping in terms of plot layout, dwelling and garden sizes when compared with the character of the surrounding area, this only goes some way towards justifying the proposed mix.

In addition Principle 3.1 of the Housing SPD states that dwellings comprising 4 or more bedrooms should normally comprises no more than 30% of the market homes in the development. Again, the proposal would not accord with this principle.

Overall it is not considered that sufficiently robust justification, based on an assessment of a range of sources of housing evidence, has been provided to justify the proposed housing mix. Therefore, it has not been demonstrated that the proposal would comply with Policy CN3 in this regard. The resulting conflict with Policy CN3 therefore weighs against the proposed development, and is considered in more detail below.

Impact on the character of the area/ design/setting of heritage asset

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. Regard must be given to intrinsically dark landscapes, the visual and amenity and scenic quality of the area.

Policy EM10 states that proposals will be required to respect the local environment, contribute to the streetscene and be visually attractive. EM10 also seeks high quality development across the borough, based upon a robust design-led process and a clear understanding of the local identity and context of development to create successful, inviting places where people want to live, work and enjoy themselves.

Policy EM11 establishes that proposals must conserve or enhance the quality of the borough's heritage assets, which includes Conservation Areas. Policy EM11 states that proposals will be permitted where they demonstrate an understanding of the character and setting of Conservation Areas and respect historic interest and local character and ensure the use of appropriate materials, design, detailing and how this affects heritage assets.

Section 72 of the Planning (Listed Buildings and Conservation Areas Act) 1990 statutorily requires that with respect to any buildings or other land within a conservation area, in the exercise of relevant functions under the Planning Acts, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area, as well as its setting.

The proposed dwellings would not be readily apparent from Woods Lane and are situated to the rear of existing properties that populate Woods Lane.

The local landscape character is influenced by the pattern of residential development in the area and visual amenity is also influenced by views of residential dwellings and gardens within views close to the site. The impact on additional residential development at the site is not considered to significantly or adversely affect the local landscape character, given the development within the locality of the site and views of the proposal would generally be seen within other properties and gardens being part of the wider views. As such, the proposal is not considered to be wholly out of character within the context of the wider landscape character.

The overall design and appearance of the dwellings are also considered to be appropriate, whereby two storey properties are not uncommon within the surrounding area. Moreover, the proposed palate of materials would also not appear out of keeping whereby red brick and plain tiles are present on nearby residential properties. However, to ensure that the finished appearance of the development is appropriate to the sites context, it is considered that additional details are required in this respect. It is considered that these details can be reasonably secured by way of condition (see condition 3).

The resultant dwelling sizes and plot sizes would also not be out of keeping. Therefore, the overall scale of the development is considered acceptable. The proposed dwellings would also be sympathetic to the general pattern of development and the established building lines, whereby dwellings are set back within their plots. To ensure that appropriate materials are used for the hardstanding areas it is considered that additional hard and soft landscaping details as well as any boundary details are secured by way of condition. This would ensure that the development is appropriate in the context of the wider landscape character. This is considered reasonable and has been conditioned (see conditions 9 and 20).

Overall, and subject to suitable conditions, it is considered that the development is acceptable in terms of design, impact on character of the area and impact on heritage assets and in accordance with Policies EM1 and EM10 of the Local Plan.

Impact on neighbouring amenities

Policy EM10 of the Local Plan and the guidance contained within the Design and Sustainability SPD states that people can expect to enjoy a good level of residential amenity and this amenity is influenced by a range of factors, such as private outdoor space, privacy, outlook and natural light.

It is acknowledged that permission has recently been granted for several new residential dwellings to the south of the site along Woods Lane known as Langdale Rise. However, given the orientation of the proposed dwellings and the separation distance (circa 20 metres), it is considered that there will not be any detrimental or unacceptable overlooking between the neighbouring properties. The concerns outlined within the objections letter are noted and to ensure that overlooking would not occur, a condition will be imposed requiring a levels plan be submitted to ensure that appropriate finished floor levels will be in place (see condition 21) as well as obscure glazing to be used for an bathroom windows (condition 16) and a condition to remove additional openings (condition 28). Therefore, it is not considered that the proposal would have a materially harmful impact on the amenities of the closest neighbouring properties.

The application is considered to be in accordance with Policy EM10 of the Local Plan and the Design and Sustainability SPD (2018) in respect of amenity to future occupants and neighbouring properties.

Policy EM12 gives consideration to development which is sensitive to pollution (including noise) from existing land uses and activities which would adversely harm living conditions and be detrimental to quality of life. The NPPF (paragraph 180) also seeks to ensure that the planning system should avoid the generation of "unacceptable levels" of noise pollution where this would give rise to "significant adverse impacts on health and quality of life" or harm to areas that are relatively undisturbed by noise.

Due to the close proximity of residential dwellings it is considered reasonable and necessary to restrict the hours of construction and associated deliveries by condition in the interests of neighbouring amenity (see conditions 10 and 11).

The proposal is acceptable in terms of neighbouring amenity in line with Policies EM10 and EM12 of the Local Plan and the Design and Sustainability SPD.

Amenities of the proposed dwellings

Section 10 of the Design and Sustainability Supplementary Planning Document 2018 sets out that:

The positioning of openings within the proposed dwellings would result in satisfactory amenity levels for the proposed future occupiers of the dwellings. This is due to the provision of habitable room windows for adequate natural light and outlook in line with Section 10. In addition, the shape and size of private amenity space to serve each dwelling is considered to be sufficient to meet recreational and domestic needs of future occupants in line with Section 10.

Highway safety and parking

- Access

The development will be served by an existing access which will be revised and improved onto Woods Lane. The Case Officers observation out on site indicates that visibility can be achieved without significant concerns for highway safety.

Being an existing access, Hampshire’s Standing Advice would apply. However, a consultation has been sent to Hampshire County Council (HCC) as the Local Highway Authority as the required visibility splays are contained within the existing highway limits. The views of HCC will be reported on the Update.

- Parking

The proposed 4 bedroom dwellings would generate a parking demand of 4 spaces per dwelling as the site lies within a rural location for the purposes of the Parking Supplementary Planning Document (2018). The proposed site plan illustrates sufficient areas for the parking and turning of at least 4 vehicles per dwelling. The proposed driveway and turning area of each dwelling would be of adequate size to accommodate the 4 no. required parking spaces. The development is therefore acceptable in terms of parking provision.

In order to prevent future overspill of parking onto the adjoining highways, it is considered reasonable to secure the retention of the parking spaces by way of condition (see condition 5). The potential traffic generation from the development (four dwellings) is also considered acceptable whereby the proposal would not have a severe detrimental impact on the operation and safety of the local highway network

Furthermore, the Highway Officer states that the proposed dwellings are unlikely to generate significant amounts of additional turning traffic and being in a row of other dwellings, the access will not be a surprise to highway users. Subject to the comments from HCC being received, no objections are raised to the proposed development which would accord with Policies CN9 and EM10 of the Local Plan.

- Cycle Storage

In accordance with the Parking SPD, dwellings of this size should provide for the long term storage of at least 2no. cycles. In accordance with the proposed site plan, it is proposed to store bikes within the rear amenity space. Given its overall dimensions it is considered that adequate cycle storage would be provided in accordance with the Parking SPD. As such, the proposal is considered acceptable in this regard.

- Waste

Basingstoke & Deane Borough Council operates a kerbside waste collection service. This is operated via wheeled containers which must be left adjacent to the nearest adopted highway for collection on the specified waste collection. The proposed development will be required to leave wheeled containers adjacent to Woods Lane for collection on the specified collection day and removed from the highway and returned back to the property as soon as possible following collection.

In accordance with Appendix 3 of the Design and Sustainability SPD, the proposal should be provided with space for the storage of 1no. 240 litre waste bin, 1no. 240 litre recycling bin and 1no recycling container for glass. Bins storage provision has been marked out on the submitted site plan (to the north of the dwelling) and so has the proposed bin collection point. Both are considered acceptable in terms of their location.

Overall, the proposed development is therefore considered acceptable in highways safety respects, in compliance with Polices CN9 and EM10 of the Local Plan and the Parking SPD.

Biodiversity

The Biodiversity Officer has confirmed that there are no ecological objections to the proposal. A condition to secure a Habitat Enhancement Plan is considered to be appropriate to ensure that the site achieve a net gain of biodiversity on the site. Such details are again considered appropriate given the NPPFs aim in securing net gains in biodiversity (see conditions 14 and 15).

Overall, subject to suitable conditions, the proposed development is not considered to adversely impact on biodiversity and is considered acceptable in this regard and would accord with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

Trees

Although there are no trees within the site, there are Trees within close proximity to the site, predominately located along the southern and western boundaries of the site. It is acknowledged that none of these trees are specifically protected, however they are considered to be of amenity value in the context of the wider landscape.

It is indicated within the submission that no Trees are to be removed. However, given their proximity to the location of proposed development, the root protection areas of these trees may be disturbed throughout the construction phase. As such, it is considered necessary to secure the submission of a Tree Protection Plan to ensure that the long term health of these trees is protected (see condition 12).

Environmental Health

Given the proximity of the proposed development to nearby residential properties, it is considered reasonable and necessary to apply conditions relating to restrictions on construction and delivery hours (see conditions 10 and 11). Furthermore the Environmental Health Officer (EHO) has indicated that additional information is required due to the sites proximity to the M3 and suggested this could be dealt with by way of condition (see conditions 22-25). AS such, subject to conditions no objections are raised in this regard.

- Contaminated Land

A contamination investigation has been submitted in support of the application which the EHO has stated is acceptable and that there is agreement on the findings and conclusions. However, it is considered that a formal remediation strategy will still need to be submitted. As such, conditions requiring contamination assessments are therefore considered to be justified on this occasion as recommended by the EHO. On the basis that the recommended conditions are imposed (condition 17 and 18) no objection is raised in this regard.

- Noise

The EHO has been consulted as part of the application. It has been indicated given that the proposed development site is in close proximity to the M3, the EHO would have expected a Noise Impact Assessment to be submitted with this application. However, they are content that such assessment can be required and secured by way of suitable worded conditions.

Subject to suitable conditions, the development would be in accordance with Policy EM12 of the Local Plan.

Flood Risk and Drainage

- Groundwater Protection Zone

Policy EM6 (Water Quality) states that in order to protect and improve water quality, potentially contaminating development proposals on principal aquifers or within Source Protection Zones will need to demonstrate that groundwater and surface water is adequately protected to prevent a deterioration of water quality and pollution of the water source.

The site falls within a Source Protection Zone and as set out within Policy EM6 of the Local Plan, potentially contaminating development proposals will need to demonstrate that groundwater and surface water is adequately protected to prevent a deterioration of water quality and pollution of the water source. In this instance, the proposed residential end use of the site would not be considered to be a ‘contaminating form of development’. The contamination conditions as noted above, would ensure that any existing contaminates are appropriately and safely removed from site, without harming the water source. Furthermore, as outlined below, the application has proposed a mitigation and management plan with regards to nitrates which is considered to result in nitrate neutrality for the development.

- Flooding

The Environment Agency Flood Risk Maps position the site as falling within Flood Zone 1 giving the site a low risk of flooding (less than 1 in 1000 annual probability) and considers that the site to be at low risk of surface water flooding. Due to the location, and with the site area sitting under 1ha in size, there has not been a requirement to accompany the application with any flood risk assessment.

The development would therefore accord with Policy EM6 and EM7 of the Local Plan and Section 14 of the NPPF.

- Drainage

The Foul drainage provision has not been set out in great detail at this stage. The national planning guidance sets out that proposals for septic tanks should only be considered if it can be clearly demonstrated by the applicant that discharging into a public sewer to be treated at a public sewage treatment works or package sewage treatment plant is not feasible (taking into account costs and or practicability). This is supported by the NPPF in paragraphs 170 and 180 regarding preserving the natural environment and preventing unacceptable risks from pollution on health, the natural environment and general amenity.

No demonstrable justification has been submitted as part of the planning application and as such, it is considered reasonable and necessary for the applicant to provide such information detailing that a septic tank is the only feasible solution to wastewater drainage at the site by way of pre-commencement condition (see condition 8). Subject to detailed investigations and information submitted on the appropriateness of the septic tank, in this respect, the application is considered to be in accordance with national guidance and with Policy EM6 of the Local Plan.

Sustainable Water Use

Policy EM9 of the Local Plan sets out a requirement to ensure that water resources within new development are used sustainably through the imposition of a water efficiency standard of 110 litres or less per person per day. The proposal has not been accompanied by any information demonstrating that such levels of water consumption will be achieved within the development; therefore a planning condition is to be imposed to secure this standard (see condition 19).

Community Infrastructure Levy

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. The applicant has submitted self-build exemption for three of the dwelling, a decision in this regard will be made separately from this decision, however if the self-build claims are agreed then it would appear that the development whilst be CIL liable, would attract a £nil charge in line with the Council's Charging Schedule.

Other matters

An objection was received from Hampshire Swifts a local charity which specialises in the preservation and conservation of the Common Swift in Hampshire, the comments provided are noted and are encouraged. Following these comments the applicant has indicated that the integration of Swift Bricks within the development is something that they would support. In light of these comments, an informative has been recommended to bring the applicants attention to the benefits of using such bricks which encourages these birds into modern buildings.

Pre-commencement conditions

The recommendation proposes pre-commencement planning conditions therefore in accordance with section 100ZA of the Town and Country Planning Act 1990 and the Town and Country Planning (Pre-commencement Conditions) Regulations 2018, the Local Planning Authority is required to serve notice upon the applicant to seek agreement to the imposition of such a conditions. The agent has confirmed that they agree to the proposed pre-commencement conditions.

Planning Balance and Conclusion

The principle of the erection of dwellings in the countryside is allowed for within the development plan. However, in this instance the application does not accord with the detailed criteria contained therein. This is as the site does not constitute previously developed land (SS6a) and it has not been demonstrated that there is a locally agreed need for the development (SS6e). This is set out in detail above.

Whilst the principle of development does not comply with the policies contained within the development plan, the council cannot currently demonstrate a deliverable five year supply of housing (with 5% buffer required due to the Housing Delivery Test results). Policy SS6 is therefore out of date as it relates to the supply of housing. The application must therefore be considered in accordance with paragraph 11(d) 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. Whilst the site itself falls outside of the Cliddesden Conservation Area it lies adjacent to it.

The siting of the dwellings would largely accord with the established pattern of development along Woods Lane and the scale, mass and appearance of the proposed dwellings would fit in with the character and appearance of the surrounding area. This development would therefore accord with the requirement of Local Plan Policy EM10 and the guidance contained with the Design and Sustainability SPD in this regard. There would be no harm from the development in these respects.

It is also acknowledged that the proposal would make a modest contribution to the Councils 5 year housing land supply, although this is of very limited weight in the overall balance. There would also be a limited social and economic benefit resulting from the construction of the new property and its subsequent occupation.

Finally the housing mix proposed does not accord with the Local Plan which as outlined above weights against the development. It is considered in this instance given the current lack of a 5 year housing land supply, modest nature of the development and characteristics of the area that limited weight would be attributed to this conflict.

Nonetheless, it is considered that the benefits identified above outweigh the conflict found with the currently out of date planning Policy SS6. The development would meet the relevant sections of the NPPF whereby no demonstrable harm would be presented by the development that would outweigh the benefits assessed above. The proposed development accords with the NPPF paragraph when assessed against the policies in the Framework taken as a whole.

Conditions

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

Location Plan (Drawing No.OI825184) Site Plan (Drawing No.19-4714-01) Proposed Floor Plans - Plots 1 and 3 (Drawing No.19-4714-04) Proposed Floor Plans - Plots 2 and 4 (Drawing No.19-4714-05) Proposed Elevations - Plot 1 (Drawing No. 19-4714-06) Proposed Elevations - Plot 2 (Drawing No. 19-4714-07 Rev A) Proposed Elevations - Plot 3 (Drawing No. 19-4714-08) Proposed Elevations - Plot 4 (Drawing No. 19-4714-09 Rev A) Site Sections (Drawing No.19-4714-03)

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

3 No development above damp proof course shall commence on site until a schedule of materials and finishes to be used for the external walls and roof of the proposed buildings, together with samples, has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved. REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029.

4 Any gates provided shall be set back a distance of 6 metres from the edge of the carriageway of the adjoining highway and shall be thereafter maintained. REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.

5 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 four vehicles and three cycles has been made within the curtilage of each dwelling 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.

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

The Statement shall include for:

i. the parking and turning of vehicles of site operatives and visitors off carriageway (all to be established within one week of the commencement of development); ii. loading and unloading of plant and materials away from the maintainable public highway; iii. storage of plant and materials used in constructing the development away from the maintainable public highway; iv. wheel washing facilities or an explanation why they are not necessary; v. measures to control the emission of dust and dirt during construction; vi. a scheme for recycling and disposing of waste resulting from construction work; and vii. the management and coordination of deliveries of plant and materials and the disposing of waste resulting from construction activities so as to avoid undue interference with the operation of the public highway, particularly during the Monday to Friday AM peak (08.00 to 09.00) and PM peak (16.30 to 18.00) periods. REASON: Details are required prior to commencement in the absence of accompanying the application and to ensure that the construction process is undertaken in a safe and convenient manner that limits impact on local roads and the amenities of nearby occupiers, the area generally and in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

7 The proposed development and use hereby approved shall not be occupied or use commenced, whichever is sooner, until the vehicular access has been constructed in accordance with the approved plans. REASON To provide satisfactory access and in the interests of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

8 Notwithstanding the submitted details, no development shall commence on site until details of the works for the disposal of sewage have been submitted to and approved in writing by the Local Planning Authority. The dwellings shall not be occupied until the approved sewage details have been fully implemented in accordance with the approved plans. REASON: In the absence of a justification for the need for a septic tank being provided within the planning submission and a septic tank being the last acceptable waste disposal solution within the waste hierarchy, it is necessary for further information to be submitted which ensures the proposal is provided with a satisfactory means of drainage. The information is requested prior to works commencing at the site in order to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policy EM6 of the Basingstoke and Deane Local Plan 2011-2029.

9 Notwithstanding the submitted plans no development above damp proof course 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 because insufficient information has been submitted with the application in this regard, in the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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

11 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.

12 No development or other operations shall commence on site until a Tree Protection Plan has been submitted to and approved in writing by the Local Planning Authority. The approved tree protection shall be erected prior to any site activity commencing and maintained until completion of the development. No development or other operations shall take place other than in complete accordance with the Tree Protection Plan. REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to ensure that reasonable measures are taken to safeguard protected/important landscape trees in the interests of local amenity and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

13 Prior to the occupation of the development hereby approved, a wall mounted bat roosting or bird nesting box shall be erected in a sunny location below the eaves of each dwelling. REASON: In order to achieve a net gain for biodiversity in line with Section 15 of the National Planning Policy Framework (2019) and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.

14 No development above damp proof course shall commence on site, until details of a habitat enhancement plan (HEP) been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved. The details shall include:

 Purpose, aims and objectives for the scheme, taking into account the site's existing biodiversity;  A method statement for implementation of the enhancement proposals;  Sources of habitat materials (e.g. planting stock and its origin) if applicable;  Aftercare and long term management;

REASON: To help maintain the biodiversity of the area in the long-term, in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011- 2029.

15 No development, including any demolition works, soil moving, temporary access construction/widening, or storage of materials, shall commence until a Wildlife Protection and Mitigation Plan has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place other than in complete accordance with the approved Wildlife Protection and Mitigation plan. REASON: To help protect the biodiversity of the area in the long-term, in accordance with Policy EM4 of the Local Plan. It is important the wildlife protection measures are known and in place prior to commencement to ensure they can be delivered and that wildlife will be protected throughout the construction period.

16 All bathroom window shall be glazed with obscured glass, to at least the equivalent of Pilkington level 4 standard. The window and glazing shall be installed prior to occupation of the development and shall be permanently maintained in that condition. REASON: To protect the privacy of the adjacent properties and to prevent overlooking, in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

17 With the exception of any underground infrastructure no works pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority:-

(a) a 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 Contamination Land Guidance at: https://www.gov.uk/contaminated-land, Last accessed October 2019. 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. 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 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.

20 Notwithstanding the approved plans no development above damp proof course shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping which shall specify species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before development commences. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority. REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

21 No works shall take place on site until a measured survey of the site has been undertaken and a plan prepared to a scale of not less than 1:500 showing details of existing and intended final ground levels and finished floor levels in relation to a nearby datum point which shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed and thereafter maintained in accordance with the approved details. REASON: To protect the privacy of the occupiers of adjacent properties in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

22 No development shall take place on site until a scheme for protecting the proposed dwellings from road traffic noise has been submitted to, and approved in writing by the Local Planning Authority. Any proposed mitigation scheme shall have regard to the Basingstoke & Deane 'Noise assessments and reports for planning applications - Guidance note for developers and consultants'. Mitigation proposals will consider and utilise where possible, reduction in noise exposure achieved by effective site layout, building orientation, the use of physical barriers, utilising open space as a buffer, internal room configurations and any other available mitigation strategies.

The following noise levels shall be achieved with mitigation in place. a) Internal day time (0700 - 2300) noise levels shall not exceed 35dB LAeq, 16hr for habitable rooms (bedrooms and living rooms with windows open*) b) Internal night time (2300 - 0700) noise levels shall not exceed 30dB LAeq with individual noise events not exceeding 45dB LAfMax (windows open*). c) Garden areas shall not exceed 55 dB LAeq, 16hr,

*Where it is predicted that the internal noise levels specified above will not be met with windows open despite mitigation strategies, an alternative method of mechanical ventilation must be specified to supply outside air to habitable rooms with windows closed, and relieve the need to open windows. Background and passive ventilators, and system 3 extraction systems are not considered adequate for this purpose. Methods may include a system 4 MVHR system with cool air by-pass, or standalone mechanical units supplying outside air to each affected habitable room.

REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

23 The internal noise levels associated with any mechanical units and associated ductwork shall not exceed NR25. The ventilation system shall be designed to ensure that noise from external sources is not conducted into any habitable room. REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

24 No dwelling shall be occupied until all the works which form part of the scheme for protecting the proposed dwellings from road traffic noise as approved by the Local Planning Authority under condition 22 above have been completed. All works which form part of the approved scheme shall be completed prior to first occupation. The approved scheme shall be thereafter maintained. REASON: To ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

25 No dwelling shall be occupied until a post completion noise survey has been undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in condition 22. A method statement should be submitted to and approved by the Local Planning Authority prior to the survey being undertaken. If the noise levels set out in Condition 22 are exceeded, additional noise mitigation measures, (where necessary to ensure the appropriate noise levels can be met), shall be submitted to an approved in writing by the Local Authority and implemented in full prior to the first occupation of the dwellings. REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.

26 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of screen walls/fences/hedges to be erected. The approved screen walls/fences shall be erected before the use/building(s)/dwelling(s) hereby approved is/are commenced/first occupied and shall subsequently be maintained. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with 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 prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of the amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

27 A minimum of one of the dwellings hereby approved shall be built to accessible and adaptable standards. No development above ground level (excluding demolition of existing buildings and removal of existing hardstanding and any underground infrastructure) shall commence on site until details of which properties are to be built to such standards are submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON: Details are required in the absence of accompanying the planning submission, to ensure an appropriate co-ordinated high quality form of development and to enable people to stay in their homes as their needs change in accordance with Policy CN3 of the Basingstoke and Deane Local Plan 2011-2029 and Housing Supplementary Planning Document.

28 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re- enacting that Order with or without modification) no additional openings shall be inserted in the first floor southern elevations of Plot 1 and first floor northern elevations of Plots 2 and 3 without the prior permission of the Local Planning Authority on an application made for the purpose. REASON: To protect the amenity and privacy of the occupiers of adjoining property in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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.

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

In this instance:

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

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

3. 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.

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

5. The applicants attention is drawn to the comments received from the Hampshire Swifts charity regarding the integration of 'Swift Bricks' in to the development which is encouraged.

6. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning- application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency. Location Plan

Site Plan

Ground Floor Plan Plots 1 and 3

First Floor Plan Plots 1 and 3

Plot 1 Elevations

Plot 3 Elevations

Ground Floor Plan Plots 2 and 4

First Floor Plan Plots 2 and 4

Plot 2 Elevations

Plot 4 Elevations

Bin Store Floor Plan

Bin Store Elevations

Site Section A-A

Site Section B-B

Cttee: 11 Item No. 7 November 2020

Application no: 20/01218/FUL For Details and Plans Click Here

Site Address Land At Roundtown Hackwood Lane Hackwood Park Basingstoke Proposal Erection of 1 no. 3 bedroom dwelling with attached garage on land at Roundtown Farms

Registered: 8 June 2020 Expiry Date: 13 November 2020 Type of Full Planning Case Officer: Bethan Wallington Application: Application 01256 845361 Applicant: Roundtown Farms Agent: Mrs Caroline Downie Ward: Upton Grey And Ward Member(s): Cllr Mark Ruffell The Candovers Parish: TUNWORTH CP OS Grid Reference: 466767 149577

Recommendation: the application be REFUSED for the following reasons:

Reasons for Refusal

1 The application would result in the erection of a single dwelling in an isolated location within the countryside and is not considered to represent a sustainable form of development whereby the harm would significantly and demonstrably outweigh the benefits. The proposal is therefore contrary to the National Planning Policy Framework (2019) (NPPF) and Policy SD1 of the Basingstoke and Deane Local Plan 2011-2029. There is no justification for departing from the National Planning Policy Framework (2019) or the Development Plan nor are there any other material considerations such to establish the principle of development which would be of sufficient weight to accept the creation of an additional dwelling at this site.

2 The proposed development would, through the subdivision of the agricultural field, and the introduction of domestic built form and residential paraphernalia within open and undeveloped countryside, be harmful to the character and appearance of the landscape in this location. The proposed development is therefore contrary to the National Planning Policy Framework (2019) and Polices EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.

3 The proposed development would result in an unacceptable distance for the residents of the dwelling to reasonable travel waste/recycling bins to the kerbside collection point. The proposed development is therefore contrary to Policy EM10 and the Design and Sustainability Supplement Planning Document.

General Comments

This application has been called to the Development Control Committee at the request of Cllr Mark Ruffell for the following reasons:

"I wish to give my full support to this application.

Due to the five year land supply situation, there is a presumption in favour of sustainable development. In my view, this is very much a sustainable development. It is close to the landowner's home of Roundtown, as well as to nearby dwellings. It should be pointed out that new dwellings have been built in recent years at Polecat Corner and Hackwood Grange (a barn conversion to the east of the plot). They are all occupied and clearly demonstrate that the location is sustainable. Indeed, nearly every dwelling in the parish is separated from another by a field. So this proposal is very much in keeping with the slightly scattered nature of housing in the parish.

In my view, the proposal would not harm the landscape. It is positioned in a natural bend in the driveway and tree lined that conceals it from most vantage points and from the main road.

The proposal has set out how it will achieve a net biodiversity gain, and given that the location is currently grazing land, this would seem to be an obvious positive outcome.

I urge you to recommend that this application is approved under delegated powers.

However, if you are unable to recommend approval, then I would ask that the application is placed before the Development Control Committee for their consideration."

Planning Policy

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Basingstoke and Deane Local Plan 2011-2029 which locates the application site within a countryside location. The relevant sections of the NPPF and the development plan to the application are set out below.

The site lies outside of a settlement policy boundary and therefore lies within the countryside. The site is located to the east of Hackwood Park, a Grade 1 listed landscape. The property Roundtown is a Grade II listed building however this is located some 300m away and not visible from the development site. To the east, also lies a number of Grade II listed buildings forming The Cottage and Hackwood Grange however these are situated approximately 270m away and are also not visible from the site.

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 8 (Promoting safe and healthy communities) Section 9 (Promoting sustainable transport) Section 12 (Achieving well-designed places) Section 15 (Preserving and enhancing the natural environment) Section 16 (Preserving and enhancing the historic 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 CN9 (Transport) Policy EM1 (Landscape) Policy EM4 (Biodiversity, Geodiversity and Nature Conservation) Policy EM9 (Sustainable Water Use) Policy EM10 (Delivering High Quality Development) Policy EM11 (Historic Environment) Policy EM12 (Pollution)

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 Supplementary Planning Document (2018)

Other material documents

The Community Infrastructure Levy Regulations 2010 (as amended) Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990

Description of Site

The application site comprises an area of land between agricultural fields measuring approximately 110m in width and 124m in depth in a triangular shape and located along a farm track (that also serves the dwelling Roundtown). The land is open to the adjacent agricultural fields however has a hedge that runs along the northern boundary and paddock fencing to the south and west.

The site is located within open countryside approximately 2.8km to the east of Basingstoke and situated to the east of Hackwood Park, a Grade 1 listed landscape. The site is however separated from this listed landscape and does not form part of its wider setting. The surrounding area is characterised by a mosaic of agricultural fields interspersed with woodland blocks, defined by hedgerow boundaries which gives the site a rural characteristic.

Proposal

The application seeks planning permission for the erection of a detached two storey dwelling house with a link attached double garage together with associated works. The dwelling would be accessed off the existing farm track (to the southern part of the parcel of land) which leads to the main highway north of the site, Dickens Lane. The access would culminate in a driveway area to the front of the dwelling.

The dwelling, including a single storey side lean-to projection, would measure a maximum of 13m in width and 11.2m in depth (including the front porch) and rise to 9m in height. To the side of the lean-to addition would be a linked corridor to the attached double garage which would measure 6.5m in width, 6.5m in depth and rise to 5.7m in height. It is proposed to construct the dwelling from brickwork sitting under a clay tiled roof with painted timber doors and windows. The curtilage to the property would provide for both front and rear garden areas which are to be demarcated by post and rail fencing with mixed species hedging.

The proposed dwelling has been submitted to provide a farm managers dwelling to support an agricultural enterprise. An assessment of this will be given under the assessment section of the report.

Consultations

Tunworth Parish Council: "After fully reviewing the documentation, Tunworth Parish Meeting support this application. The applicant has consulted with residents and the Parish Chairman. This application reflects feedback given during this consultation. We believe the siting of the development has a minimal effect on the environment and is vastly preferred to any site closer to Tunworth Road. We are happy that the applicant has demonstrated a need for the property and we also support the design."

Councillor Ruffell: As above.

Natural England: Standing Advice.

Landscape: Objection.

Environmental Health: No objections subject to condition.

Waste: Required to leave bins on Polecat Corner.

HCC Highway: No objections.

Biodiversity: No objections subject to condition.

Public Observations

Four letters of support were received concerning the following (in summary):

 The applicant, by modifying and submitting a new proposal, has shown an understanding of concerns raised by local residents since the previous application 19/02438/FUL.  The new proposal has been carefully thought through with the siting of the new house moved well up the drive towards the primary dwelling which removes the previous objections raised.  The plans shown are more sympathetic with the environment.  The plans receive approval and must be commended for the thoughtful layout of the curtilage of the new dwelling.  It is firmly believed that the applicant needs this proposed accommodation to ensure the long term sustainability as a mixed family farm of a considerably block of beautiful and productive land.  The applicant’s plans to improve the quality of the land and landscape by managing the currently neglected woodland sustainably, introducing more livestock, with more varied land use and crop rotation needs resident agricultural works in the farm. Without this, the farming is not sustainable as there is limited opportunity to be able to afford a rented property within miles of the farm.  Officers will be aware that all the accommodation on the Hackwood Estate, formerly used by estate workers was sold off and it now converted to expensive residences.  It is admired the applicants tenacity and vision to establish a multi-generational project to ensure the Hackwood Park Agricultural Lane is preserved  In the revised application, the proposal has minimised the impact on the landscape to a pretty much zero visual impact and the biodiversity gains will be substantial.  There is a need for a resident rural worker here to avoid criminal activity  The development would have no visual impact on the neighbourhood and will be sympathetic to local surroundings  The dwelling is required to ensure the viability and sustainability of the estate

Relevant Planning History

19/02438/FUL Erection of a two storey farm managers Refused 27.11.2019 dwelling with attached single storey garage

Assessment

Planning History

A previous application for a dwelling located some 0.2km north of the proposed site was refused on 27th November 2019 under reference 19/02438/FUL due to the dwelling resulting in an isolated form of development. This application differs from that sitting deeper within the agricultural land and sitting further away from the previous application site which sat opposite several dwellings. The previous application also stated that the application was for a farm managers dwelling. The application has not been described as such within this current application although the Design and Access Statement makes reference to the site being required for a farm manager.

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 and 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 Local Plan (paragraph 4.70) is explicit in its aims 'to direct development to within the identified Settlement Policy Boundaries and specific site allocations. The application site is however located outside of 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. Within the countryside it is the intention to maintain the existing open nature of the borough's countryside, to prevent the coalescence of settlements and resist the encroachment of development into rural areas. The countryside is therefore subject to a more restrictive policy.

In addressing the criteria to Policy SS6 in turn, criterion a) refers to proposals on ‘previously developed land’. The application site is currently agricultural land and therefore would not accord with the definition of ‘previously developed land’ as set out within both the Local Plan Glossary and the NPPF. The proposal therefore is contrary to criteria a). Criteria b), c) and d) address schemes for rural exception affordable housing, the re-use of redundant or disused permanent buildings or for the erection of replacement dwellings respectively. This proposal is not for any of these forms of development therefore would not accord with these criteria. Criterion e) addresses small scale residential proposals (e.g. market units only) whereas the application has been submitted and is described as providing for a farm manager’s dwelling. The starting point is therefore criterion f) which considers the provision of dwellings linked to existing and viable agricultural or other rural businesses.

The supporting Design and Access Statement states that there is a need for an estate worker to be resident on site due to the move away from contracted work. Furthermore, the role involves long hours on the estate and the ability to respond to problems immediately as they arise. It is also mentioned that the sporting, forestry, livestock, conservation projects, maintenance, security, access and safety of the estate will be managed and overseen by the resident of this new dwelling. No evidence has been provided to demonstrate how the absence of a rural worker living at or in close proximity to their place of work would generate adverse risk to the business, for instance for livestock husbandry/animal welfare grounds or operational reasons that would otherwise threaten the business should emergencies occur. There is also no demonstration that managing the workings of the farm estate and to provide rural support requires an essential need for a permanent on site presence which could not be met elsewhere or that there is a lack of alternative suitable residential accommodation in the locality.

In addition to a functional requirement to be demonstrated, criterion xiv) to Policy SS6 f) sets out that the provision of a rural worker’s dwelling also requires a demonstration that the enterprise has been viable for the previous three years and remains so. The application description does not refer to a farm managers dwelling (unlike the previous application refused referenced 19/02438/FUL) however the Design and Access Statement has attempted to justify the dwelling in a countryside location as it would provide a farm managers dwelling (detailed above). The application has not been subject to an appraisal by an agricultural consultant. With that being said, the applicant’s agent requested that the scheme be considered under the criteria for Policy SS6 (e) of the Local Plan whilst still retaining the application description as originally submitted. This would infer acceptance that this property could also be considered as an unrestricted new market dwelling in a countryside location.

Policy SS6 (e) states that new housing outside Settlement Policy Boundaries will be only be permitted where they are:

‘e) Small scale 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 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 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) however such proposals must also be of a scale and type that meets a locally agreed need. The Council has published a guidance note 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 applicant has not provided any information to support the application in respect of SS6 (e) and there is no other evidence available to conclude that there is a locally agreed need for the accommodation proposed. As such, the applicant has failed to adequately demonstrate that the proposal would meet a locally agreed need in accordance with the first requirement of Policy SS6 (e) of the Local Plan. It is therefore not necessary to then consider the proposal against criteria SS6 (e) ix) to xi). It is concluded that the proposal fails against the requirements for considering new residential development outside of Settlement Policy Boundaries within Policy SS6 of the Local Plan. The principle of the development is therefore not supported by the Local Plan.

 National Planning Policy and Housing Land Supply

In providing for sustainable development, the NPPF requires Local Planning Authorities to identify a five year supply of specific deliverable sites to meet housing needs. For BDBC, and in line with the Housing Delivery Test published in February 2020, a 5% buffer should be added to the borough's supply. Against this requirement, 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, to include Policies SS1 and SS6, are currently considered to be out of date and are afforded limited weight in the decision-taking process. Planning applications for new housing therefore have to be considered in line with paragraph 11d) 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 the Framework when taken as a whole.

For rural housing, paragraphs 77-79 of the NPPF are the most relevant to the consideration of this proposal for a new dwelling. Paragraph 78 of the NPPF states that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the viability of rural communities. Furthermore, Paragraph 79 of the NPPF states that 'Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply: a) there is a need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside; b) the development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; c) the development would re-use redundant or disused buildings and enhance its immediate setting; d) the development would involve the subdivision of an existing residential dwelling; or e) the design is of exceptional quality, in that it: - is truly outstanding or innovative, reflecting the highest standards in architecture, and would help raise standards of design more generally in rural area; and - would significantly enhance its immediate setting, and be sensitive to defining characteristics of the local area'.

In addressing the proposed development, the first consideration is whether the site is in an isolated location. The NPPF does not provide a definition of what constitutes 'isolated' development therefore in considering whether or not the current application site is ‘isolated’, reference has been given to case law and recent planning appeal decisions.

Braintree DC v SSCLG [2018] Civ 610 ('the Braintree case') forms a material consideration in the assessment of isolation. The term ‘isolated’ was considered by the Court of Appeal who upheld a High Court decision which concluded that the word 'isolated' should be given its ordinary meaning as being 'far away from other places, buildings and people; remote'. Lindblom LJ held that, in the context of paragraph 55 of the previous NPPF (2012), (now paragraph 79 in 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' as set out within the NPPF 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 application site is not set adjacent to a main road and whilst it is screened (during summer months), the proposed property would not be visible from the farm entrance gate and would be surrounded by agricultural land beyond. No other properties are sited visible from the proposed parcel of land. To the north of the highway is Polecat Corner comprising 1 and 2 Polecat Cottages (as a single unit) with a further dwelling (originally intended to be a replacement for 1 and 2 Polecat Cottages) having been recently constructed to the north. These units sit to the west of the junction with 3 Polecat Cottages to the east. These dwelling are however located in excess of 0.2km from the site of the dwelling. The site does not sit within close proximity to any settlement and this cluster of properties is not considered to form a meaningful collection of dwellings that you would expect to find within a hamlet, village or settlement. The pattern of development surrounding the application site is sporadic with both visual and physical separation between the nearest settlements of Old Basing (approximately 2m to the north) and Basingstoke (approximately 2.1km to the northwest). As such, the application site is considered to be isolated and would not contribute to the enhancement or maintenance of a viable rural community.

Consideration is also given to the other circumstances set out in paragraph 79 of the NPPF to determine whether the principle of the proposed development could be accepted. It is considered that the proposal has not been adequately demonstrated to meet a need for a rural worker as addressed against the requirements of Local Plan Policy SS6(f), would not represent the optimal use of a heritage asset or seek to reuse redundant or disused buildings. It would also not involve the subdivision of an existing residential dwelling. Finally, in considering the design of the proposed property, this is not considered to be of exceptional quality and therefore the proposal does not meet the other circumstances for accepting new dwellings in an isolated countryside location as set out within paragraph 79 of the NPPF.

In addressing the proposal against the wider objectives of sustainable development of the NPPF and Policy SD1 of the Local Plan, it is notable that the site is not located within any area that benefits from established public transport and community facilities in the immediate vicinity. The closest location for local facilities and services would be Old Basing, which is located approximately 1.4 miles to the north. This settlement would not be easily accessible by means other than the private car given the absence of public transport. In the absence of footpaths and streetlights along the local highway network, walking or cycling is also unlikely to be a preferred mode of transport given the busy nature of Dickens Lane, Tunworth Road and Huish Lane. Furthermore, the erection of a single dwelling would not provide a notable long term economic benefit to contribute towards the local economy and would not make a notable contribution to the local housing stock. Whilst environmental improvements could be secured in the form of providing biodiversity gains and ensuring energy efficiency, again these benefits would be limited. The proposal would therefore not meet the three objectives of sustainable development as to justify the proposal for a single residential dwelling in this isolated location.

In returning to Paragraph 11d) of the NPPF, it is considered that the adverse impacts of siting a single and unjustified residential property in an isolated countryside location would not be significantly or demonstrably outweighed when assessed against the policies of the NPPF when taken as a whole. The development would not represent sustainable development as required by the NPPF and Policy SD1 of the Local Plan and it is also not considered that there are any other material considerations which would otherwise make this development acceptable. As such, the principle of the proposed development, is considered to be contrary to the National Planning Policy Framework whereby the housing strategy policies of the Local Plan are considered to be out of date. As such, the development is recommended for refusal in this regard.

Impact on the character of the area/design

The application site comprises a large, triangular shaped piece of land, the southern part of a larger agricultural field within open countryside to the south east of Basingstoke. The site also includes an existing access drive extending southwards towards the site from Dickens Lane, which has been resurfaced with macadam in recent times. The site lies within the Tunworth and Upton Grey Down area. Typically the landscape ranges from mixed farmland and woodland to open arable fields. The settlement density is low, with a few villages and isolated farms scattered throughout the area. A key issue in the consideration of development in this area is to avoid suburbanising the immediate landscape through more built form particularly to the south of the highway. The landscape here is open, characterised by a mosaic of large scale agricultural fields interspersed with woodland blocks, defined by hedgerow boundaries.

The development would change the use and appearance of the site from agricultural to residential and proposes a large detached dwelling with a linked attached double garage which would be the same size as the dwelling previously (ref. 19/02438/FUL) refused however set deeper into the agricultural land (some 200m south). Reference would still be drawn to the substantial scale of the development where the proposed double garage and link between extends the footprint, in combination with the extensive parking area and associated garden/residential paraphernalia (e.g. cars, sheds, outdoor furniture, washing lines and lighting). It is considered that the introduction of built form, the subdivision of the agricultural field and associated alteration to field patterns, as well as the driveway areas and hard surfacing would be harmful to the sensitivity of the landscape character in this location, particularly to the undeveloped countryside. Further concerns lie with the isolated nature of the dwelling which would not sit in context or relative to any other built form and would very much sit as a standalone dwelling within an agricultural setting.

The Landscape Officer raises objections to the application and it is considered that the proposed dwelling and its attached garage are of a form and arrangement which would not relate well to the rural agricultural landscape, or the character of Hackwood Farm to the east, being more suburban in nature and footprint. The main dwelling is of a larger scale that would be typically expected of a farm workers dwelling, and the attached garage, set at an open angle from the dwelling, is not typical of this context, where the efficient arrangement of buildings typically positions them in a tighter rectilinear plan form.

The proposal would therefore stand as a prominent feature within the landscape given that the site is currently a grassed field and empty of any structures and would form a detrimental suburbanising influence within an otherwise rural and sensitive landscape where individual farmsteads and fields are predominant. The proposal would result in a visually isolated dwelling which would have an adverse impact on amenity in the public interest.

The Landscape Officer further noted that, in visual terms, impacts of the development would be lesser than those on landscape character, due to the limited views across of the landscape from Dickens Lane, and the proposed 5m belt of planting along the northern boundary of the site. However, it is likely that there would be visual impacts as any proposed landscaping established itself, and ongoing during the winter and early spring when trees are not in leaf. The application has not be supported by a landscape or visual impact assessment, and as such it is not clear what the extent of these views would be. The views form Dickens Lane would be at a reasonable distance however these views would be interrupted by the proposed dwelling and attached garage, which as discussed above are considered to be unsympathetic and imposing within this subtle rural context.

Further concerns lie with the area of land itself to be changed into residential use which is significant in size when compared to the previous application (ref. 19/02438/FUL). The proposed site plan shows an area of landscaping to be provided to the rear of the new dwelling which could be read as boundaries to the resultant garden area for the new dwelling however this has not be confirmed in any supporting documents.

The impact of the proposed development would not be fully mitigated by the existing or proposed planting of trees and hedges on the boundary of the site. Neither would the proposed use of natural and vernacular materials or the intended 'barnlike' qualities of the building itself mitigate the adverse impacts that the proposal would result in.

For these reasons, the proposed development would not comply with the requirements of Section 15 of the NPPF and Local Plan Policies EM1 and EM10. The guidance and these policies require new development to be of a high quality and based on a clear understanding of local identity and context of development. Development should also be sympathetic to the character and visual qualities of the area concerned and would respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected. A reason for refusal is therefore recommended in this regard.

Residential Amenity

Local Plan Policy EM10 2(b) 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.

 Proposed dwelling

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 also 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

Local Plan Policy EM10 also requires developments to provide high levels of amenity for neighbouring occupiers regarding privacy, amenity space and natural light. The proposed development would be sufficiently located away from the neighbouring properties to avoid any loss of privacy, overshadowing, loss of light or being overbearing on the neighbours. The development is therefore considered in accordance with Policy EM10 of the Local Plan.

Highways and Parking

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

It is recognised that the addition of a dwelling on the site would be a traffic generating form of development. The site would be accessed via a private track from the main road which is already used for vehicles and provides for adequate visibility along the highway. The access is considered adequate and the increase in traffic movements from a single dwelling are not considered to raise any highway safety concerns.

The application site is located within a rural location for the purposes of the Parking SPD where a three bedroom dwelling must provide two vehicular spaces on site. It is considered there is adequate space for the turning and parking of a minimum of three cars within the parking area. It is noted there would be a garage proposed however the width and depth are substandard compared to the internal dimensions set out within the Parking SPD which require each space to measure 3.2m by 6m to house a modern day vehicle. As such, the parking provisions on site are considered acceptable in accordance with Policies EM10 and CN9 of the Local Plan.

Storage and Collection of Waste and Recycling

Policy EM10(f) of the Local Plan states that the development must provide appropriate internal and external waste and recycling storage areas and accessible collection points for refuse vehicles in accordance with the Design and Sustainability SPD. The Design and Sustainability SPD further advises that a distance of 15m in considered reasonable distance for occupants to travel bins to the collection point. The development would need to provide adequate provision for the storage of two wheeled containers and a glass collection box which can be made available within the site in accordance with the Design and Sustainability SPD.

The Waste Officer has confirmed that there is a kerbside waste collection operating in the area on the highway at Dickens Lane. This is located in excess of 200m from the new dwelling where the occupants would be required to wheel their bins along the single farm track and leave these bins on the highway which is considered an unreasonable distance for occupants to travel their bins along where there would also be farm traffic utilising the single track. As the development site would sit in excess of 200m from the kerbside collection point, the development is contrary to Policy EM10 of the Local Plan and the Design and Sustainability SPD.

Contaminated Land

- Contaminated Land

Given the historic agricultural use of the site, a land-use which Environmental Health considers to be potentially contaminating, the Environmental Health Officer is of the view that the ground on the site has the potential to be contaminated. The Environmental Health Officer has therefore requested that full land contamination assessments are submitted prior to the commencement of the development are undertaken followed by a remediation method statement. This is considered necessary and reasonable to include and had the development been acceptable in all other respects this would have been included.

Biodiversity

The Local Planning Authority 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 118) and Policy EM4 of the Local Plan.

Paragraph 170 (a) of the NPPF states planning policies and decisions should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan);

Paragraph 177 of the NPPF states the presumption in favour of sustainable development does not apply where the plan or project is likely to have a significant effect on a habitats site (either alone or in combination with other plans or projects), unless an appropriate assessment has concluded that the plan or project will not adversely affect the integrity of the habitats site.

The proposed new dwelling would lie within 20 metres of an area that HBIC have mapped as Lowland Mixed Deciduous woodland, a key habitat type, and therefore the location of the new dwelling is not in line with the requirements of the Council's Landscape, Biodiversity and Trees SPD which requires a 20 metre buffer between new developments and woodland. However, given that the woodland is separated by an existing tarmac access track and the development is for a single dwelling, the Biodiversity Officer has raised no objections to the development.

The Biodiversity Officer confirmed that a biodiversity metric calculation would not be required in this instance given the site plan shows wildlife enhancements on the site, which include a wildlife pond. Had the development otherwise been acceptable, the Biodiversity Officer also requested that no new external floodlighting be installed and has further reinforced the requirement for a habitat enhancement plan to be submitted. These requirements again would have been secured by planning condition had the proposal been deemed acceptable in other regards. An informative regarding bird and bat boxes would also have been considered reasonable to impose if the development was otherwise acceptable. As such, it is considered that the development accords with Policy EM4 of the Local Plan and Section 15 of the NPPF.

Sustainable Water Use

Policy EM9 of the Local Plan sets out a requirement to ensure that water resources within new development are used sustainably through the imposition of a water efficiency standard of 110 litres or less per person per day. The proposal has not been accompanied by any information demonstrating that such levels of water consumption will be achieved within the development; therefore a planning condition would have been imposed to secure this standard had the scheme been otherwise considered to be acceptable.

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

Whilst the principle of development does not comply with the policies contained within the development plan, as set out above, the council cannot currently demonstrate a deliverable five year supply of housing (with 5% buffer required due to the Housing Delivery Test results). Policy SS6 is therefore out of date as it relates to the supply of housing. The application must therefore be considered in accordance with paragraph 11(d) 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. There are no areas or assets of particular importance in relation to this application.

Under Paragraph 11(d)(ii) of the NPPF, it states that permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

Paragraph 78 of the NPPF identifies that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality or rural communities, and paragraph 79 advises that local planning authorities should avoid the development of isolated homes in the countryside. The application site is considered to be isolated where the proposed dwelling would not form part of a collection of dwellings or community to contribute towards. The previously developed land tests set out within the Local Plan (SS6(a)), local need test (SS6(e)) and essential need test (SS6(f)) which had formed how the Borough Council considered the application of spatial planning for the area, are not repeated (and as above are in any event, given the HLS position, out of date). Given the siting within an area considered to be isolated and unsustainable, it is considered that the proposal would result in an isolated form of development, and would not fall within any of the exceptional criteria as set out within paragraph 79 of the NPPF for allowing the provision of isolated homes in the countryside. As such, the proposed development is contrary to the NPPF in this regard. Moreover such a form of development would result in unacceptable harm to landscape character and visual amenity of the area.

The development would cause a material harm to the intrinsic character of the area of the countryside contrary to Policies EM1 and EM10 of the Local Plan. In addition no information concerning how the proposal would impact the adjacent woodland and nearby trees in accordance with Policy EM1 of the Local Plan and recommendations within the Basingstoke and Deane Landscape, Biodiversity and Trees SPD have been submitted to support the application.

Informative(s):-

 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 Site Plan

Proposed Elevations

Proposed Ground Floor Plan

Proposed First Floor Plan

Cttee: 11 Item No. 8 November 2020

Application no: 20/01733/HSE For Details and Plans Click Here

Site Address Hazidayze 1B Linden Avenue Old Basing RG24 7HG Proposal Erection of a single storey front extension following demolition of existing porch and erection of first floor rear extension.

Registered: 22 July 2020 Expiry Date: 13 November 2020 Type of Householder Case Officer: Ruth Triebsch Application: Permission 01256 845311 Applicant: Mr Michael Freer Agent: Ward: Basing Ward Member(s): Cllr Onnalee Cubitt Cllr Sven Godesen Cllr Paul Gaskell

Parish: OLD BASING AND OS Grid Reference: 466650 152286 LYCHPIT CP

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

Reasons for Approval

1. The proposed development would be of an appropriate design and 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 the Design and Sustainability Supplementary Planning Document (2018).

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

General comments

The application is brought to the Development Control Committee in line with the scheme of delegation due to the number of objections received and the Officer's recommendation for approval.

Planning Policy

The site lies within the Old Basing Settlement Policy Boundary.

National Planning Policy Framework (NPPF) (February 2019)

Section 12 (Achieving well-designed places)

Basingstoke and Deane Local Plan 2011-2029

Policy EM7 (Managing Flood Risk) Policy EM10 (Delivering High Quality Development)

Old Basing and Lychpit Neighbourhood Plan 2015-2029

Policy OB&L7 (Appearance of Development)

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)

Other material documents

The Community Infrastructure Levy Regulations 2010 (as amended) Old Basing and Lychpit Village Design Statement - December 2005

Description of Site

The application site consists of a semi-detached dwelling of brick and tile construction. The dwelling is situated on a modest plot and is located on a residential road. There is a porch on the front of the existing dwelling and a single storey extension to the rear. The property has extant permission for the demolition of the existing porch and construction of a larger one (18/03695/HSE).

Proposal

The proposal is for the erection of a single storey front extension following demolition of the existing porch and the erection of a first floor rear extension.

The proposed front extension would be 7.2 metres in width with the western 4.1 metres being 2 metres in depth and the eastern 3.1 metres being 1.5 metres in depth. The proposed roof would be dual pitched with a maximum ridge height of 3.1 metres and a height to the eaves of 1.8 metres.

The proposed first floor rear (en-suite) extension would extend 3.2 metres from the rear elevation of the existing dwelling house, sitting next to where the roof protrudes from the rear and would be 1.6 metres in width. It would be dual pitched with a maximum height of 5.3 metres and a height to the eaves of 4.5 metres

The proposed materials are concrete tiles to match the existing dwelling, brick and aluminium windows.

Amended Plans

Amended Plans were received on 25 August 2020 reducing the width of the front extension by 0.3 metres at the boundary with 3 Linden Avenue and reducing the depth of the eastern 3.1 metres of the front extension by 0.5 metres to 1.5 metres.

Consultations

Old Basing & Lychpit Parish Council –

Original Plans - No objection.

Amended Plans: OBJECTS to this application due to; 1. The loss of light to neighbouring property (3 Linden Avenue) 2. The precedent set by allowing such an extension on the front of this property and to the streets building line as a whole. 3. The application plans are oversized in relation to the existing property.

Members also commented on the poor quality of the plans submitted - it was difficult to confirm measurements and precise intentions from the drawings available.

Public Observations

Original Plans:

Six letters of objection were received raising the following areas of concern:

• Loss of Light and Overshadowing effect to 3 Linden Avenue • Set precedent for neighbouring properties  Forward pf building line • Negatively impact appearance of property • Negatively impact character of area • Alteration of front line of properties • Previous applications refused at appeal • Vagueness of plans • Question over whether sum of additions is within limit of original footprint of property • Concerns over parking on site • When property has expanded to the rear, why the need for a front extension?

Amended Plans:

Five of the original objectors also raised objections to the amended plans stating that there original concerns were still valid but raising no new areas of concern.

Relevant Planning History

18/03695/HSE Erection of single storey rear extension and Granted 19.02.2019 new front porch following demolition of existing. Relocation of WC window to west wall and block up existing

BDB/22336 Two Storey Extension and Alterations Granted 22.07.1987

Assessment

Previous Planning Permission

Planning Permission was granted in February 2019 under application 18/03695/HSE for the 'Erection of single storey rear extension and new front porch following demolition of existing. Relocation of WC window to west wall and block up existing'. The majority of these works have been completed with the exception of the new front porch following demolition of the existing.

This application is for the same size porch as was agreed under this application with the addition of a larger footprint for the front extension and a first floor rear extension.

Concerns were raised by a neighbour regarding previous application that have been refused at appeal. All previous applications for the site are listed above and none have been refused at appeal. However every case is considered on their own merit.

Principle of development

Policy OB&L 7 stipulates that all new development should have regard to the guidance set out within the Old Basing & Lychpit Village Design Statement 2006, to recognise and integrate the distinctive local character of the parish. It also states that development should have sympathetic regard to the scale, siting, roof lines, materials, fenestration and colour palette of neighbouring buildings where this is required to create a high quality street scene which respects the character of the area.

To summarise, the principle of development on the application site is acceptable, however, the acceptability of the scheme also relies upon other relevant policies of the Local Plan being satisfied.

Impact on the character of the area/ design

The principle of having a porch forward of the dwelling has already been approved under extant permission 18/03695/HSE and therefore can be constructed under this previous permission. The extant porch would extend out 2 metres which is the same as the depth of the porch aspect proposed under this permission however the previously agreed porch was 3.85 metres in width compared to 4.1 metres that is proposed under the current application. The porch aspect of the extension will therefore extend 0.25 metres closer to the adjoining neighbour and will be accompanied by an extension to the front of the dwelling of 1.5 metres depth that will extend nearly the full width of the dwelling.

The surrounding area is characterised by residential dwellings of a similar construction although with slight variations of design. The proposed front extension aspect would be visible from the street scene, however, given the modest size and design as well as noting that there are various types of porch/front extensions in the vicinity and the porch aspect that has extant permission, it is considered there would be no adverse harm to the character of the area or street scene. The proposed first floor rear extension would not be visible from the street scene.

By virtue of size, design and siting, the proposal would not give rise to any harm towards the character of the area nor the street scene. It is also considered that given the design and siting the proposed extension would not dominate or compete with the character of the host dwelling. Whilst adding to the bulk of development on site (noting it has been substantially increased through its planning history), the extensions would still appear to form a subservient relationship to the host dwelling and given the retaining space within the plot would not constitute an overdevelopment of the site.

Concerns have been raised by the Parish Council and neighbours regarding the proposed front extension breaching the building line. Given the two metre deep porch which has extant permission which would already protrude forward of the building line, the 1.5 metre deep front extension would be set back from this. Therefore, given the minimal increase and the distance of six metres from the extension to the front boundary of the property, it is considered to not cause significant enough harm to warrant the refusal of the application.

Concerns have been raised by neighbours and the Parish Council regarding the proposal representing an overdevelopment of the site, given the extensions that have already been undertaken on the site. This has been considered and although it is agreed that the combined extensions are substantial, it is felt that given the range of extensions undertaken on properties within the vicinity and the fact that there will still be a substantial amount of amenity space at the property, it is felt that there is not significant enough harm to warrant refusal of the application.

Neighbours have raised concerns that the proposed front extension would negatively impact the appearance of the property. Given the design of the extension that would appear as a modest addition to the property especially given that the permission for a porch is extant, no objections are raised in this regard.

The proposed materials are stated to be brick and a concrete tiled roof. These materials are considered acceptable in principle however to ensure continuity between the extension and the host dwelling it is deemed reasonable to impose a condition that the materials match those to the host dwelling (see condition 3). With this condition imposed, the proposed development would be acceptable in terms of design and would accord with Policy EM10 of the Local Plan and Policy OB&L7 of the Neighbourhood Plan.

Impact on neighbouring amenities

- Front porch

Following the submission of amended plans, the proposed front extension, given its reduced size, design (with the pitched roof sloping up away from the boundary) and siting (set in 0.3 metres from the boundary with the neighbouring property) is considered to not give rise to significant enough negative impacts upon any neighbouring amenities in terms of loss of light, outlook or overbearing impact to refuse the application.

- Rear extension

The proposed rear extension would be contained within the height and depth of the existing dwelling. As such, it is considered that the proposal would not lead to loss of light impacts/ overbearing impact to the detriment of the amenities of the occupiers of neighbouring dwellings. It has one window proposed to the side elevation of the proposed extension. The outlook of this window would be to the sloping roof of the neighbour’s rear extension and therefore, there will be no adverse overlooking for the neighbour The proposed window openings have been considered and given the siting, distance and alignment to any neighbouring dwellings, these are deemed acceptable in relation to loss of privacy or outlook. As such, it is considered that the proposal is acceptable in relation to the impact upon neighbouring amenities.

Parking

Concerns have been raised by a neighbour regarding the parking available on site. The proposed development would not result in an increase of the total number of bedrooms at the property, although it would result in the small loss of some of the space to the front of the existing property. The main drive area and rear garage would remain unaffected by the proposals and as such there would be no impact in terms of parking provision/numbers available at the site. There is therefore no justification for a condition to control parking.

Community Infrastructure Requirements

Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy (CIL) on the 25th June 2018. The required forms have been submitted for CIL contributions to be calculated if applicable. From these forms, it would appear that the development would be exempt from any CIL payments given that the development would have a gross internal area of less than 100m2.

Other matters

Concerns have been raised regarding this development setting a precedent for other properties within the site, however, all applications are considered on their individual merits.

The site lies within the 'locally' defined Basingstoke Upstream Critical Drainage Area (UCDA) as defined on the Adopted Local Plan Policies Map. The site is also within Flood Zone 1 (in having a low probability of fluvial flooding).

Policy EM7 'Managing flood risk' of the Adopted Local Plan sets out the Council's approach to considering flood risk. This requires applications to be supported by a Flood Risk Assessment (FRA) for sites within locally defined critical drainage areas and upstream critical drainage areas. Footnote 26 of this policy states that "these CDAs are not CDAs 'as notified to the LPA by the Environment Agency' as defined in the NPPF".

Whilst the nature/level of detail contained within any FRA will depend upon the scale and type of the proposal, the accompanying text to Policy EM7 acknowledges that developments located in Flood Zone 1 would not normally require an FRA. However, exceptions are recommended for those locations where a new development is likely to overload the capacity of the existing drainage system.

In this respect, the proposal seeks permission for a single storey front extension and first floor rear extension. Whilst Policy EM7 requires an FRA for all sites within or upstream of a Critical Drainage Area, given the scale of the proposal, it is considered unlikely to overload the capacity of the existing drainage system. An FRA has not therefore been requested on this occasion. It is important to highlight that such development would be subject to separate Building Control legislation.

Neighbours and the Parish Council have raised concerns over the poor quality of the plans submitted. Although hand drawn, the plans are to scale and therefore can be measured and are also annotated with the proposed measurements and therefore no objection is raised to the submitted plans and they do not prejudice the assessment of the proposed development.

Queries have additionally been raised by neighbours regarding the need for a front extension given the extensions that have been undertaken to the rear. The Local Planning Authority must consider the acceptability of the application as submitted.

Conditions

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

Location Plan - Drawing No. LA1B/03 Site Layout Plan - Drawing No. LA1B/06 v3 Proposed Ground Floor Plan - Drawing No. LA1B/01A v3 Proposed First Floor Plan - Drawing No. LA1B/01B Proposed Rear Elevation - Drawing No. LA1B/05B Proposed Front Elevation - Drawing No. LA1B/02B v3 Proposed Side Elevation - Drawing No. LA1B/04B v3

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

3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building. REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.

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.

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

In this instance:

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

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

Location Plan

Proposed Site Plan

Proposed Ground Floor Plan

Proposed First Floor Plan

Proposed Elevations

Rear Elevation

Front Elevation

Side Elevation

Porch agreed under 18/03695/HSE