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