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Working in Partnership

EAST DISTRICT COUNCIL, PENNS PLACE, , HAMPSHIRE GU31 4EX

Telephone: 01730 266551 Website: www.easthants.gov.uk PLANNING COMMITTEE AGENDA

Date: Thursday, 16 June 2016 Time: 6.00 pm Venue: Headley Village Hall - Road, Headley, , GU35 8LJ

Membership: Councillor I Thomas (Chairman)

Councillors D Ashcroft, R Ayer, K Carter, F Cowper, N Drew, D Evans, A Glass, A Joy, C Louisson, D Orme, D Phillips, S Pond, R Saunders, S Schillemore and A Williams (Vice-Chairman)

(THE QUORUM FOR THIS MEETING IS 7 VOTING COUNCILLORS)

The business to be transacted is set out below:

Nick Leach Monitoring Officer

Date of Publication: Wednesday, 8 June 2016

Contact Officer: Lisa Papps 01730 234073 Email: [email protected]

i Page Nos

1. Apologies for Absence

2. Confirmation of Minutes

Please note that it is helpful if Councillors could give advance notice, to Democratic Services, of any questions they wish to raise in respect of the Minutes.

Minutes of the Extraordinary meeting held on 11 May 2016 and the meeting held on 19 May 2016, circulated under separate cover.

3. Chairman's Announcements

4. Declarations of Interest

Councillors are reminded of their responsibility to declare any disclosable pecuniary interest which they may have in any item of business on the agenda no later than when that item is reached. Unless dispensation has been granted, you may not participate in any discussion of, or vote on, or discharge any function related to any matter in which you have a pecuniary interest as defined by regulations made by the Secretary of State under the Localism Act 2011. You must withdraw from the room or chamber when the meeting discusses and votes on the matter.

Matters for Decision

5. Acceptance of Supplementary Matters

6. Future Items 11 - 12

7. Report of the Head of Planning

PART 1 - District Council Items

Section I

7.(i) ITEM WITHDRAWN - 20107/091/VOC/JonH - Park, 13 - 26 Ryebridge Lane, Upper Froyle, Alton, GU34 4LA Froyle Park Ltd

Variation of condition 23 of 20107/061 to "Low frequency music levels shall comply with the external noise targets of 44db Leq 63hz 5 mins and 45db Leq 125hz 5 mins and 39db LAeq 5 mins overall, unless otherwise agreed in writing by the Local Planning Authority."

ii 7.(ii) ITEM WITHDRAWN - 55541/005/FUL/JonH - Froyle Park, 27 - 42 Ryebridge Lane, Upper Froyle, Alton, GU34 4LA Froyle Park Ltd

Construction of car park

7.(iii) ITEM WITHDRAWN - 26296/004/HSE/NP - Trees, 73 Kingswood 43 - 54 Firs, , Hindhead, GU26 6ER Mr & Mrs Maloney

Side extension to chalet bungalow including rooms in the roof to form annexe (amended drawings received 4/5/2016) (amended description 10/5/2016)

7.(iv) 25634/001/HSE/LGi - Highfield, 32 Lymington Bottom, Four 55 - 64 Marks, Alton, GU34 5AH Mr & Mrs Tidball

Conversion of a garage to provide habitable space to include work to the roof on the front elevation. The creation of a porch, and the erection of single storey rear extension. (Amended red line)

7.(v) 24771/007/HSE/LTu - Allsun, Husseys Lane, Lower Froyle, Alton, 65 - 76 GU34 4LX Mr & Mrs J Bainbridge

Ground floor and first floor rear extensions following demolition of ancillary store [amended proposal]

Section II

There are no Section 2 items within this agenda.

PART 2 - South Downs National Park Items

Section I

8.(i) SDNP/15/06448/FUL - Oak Tree Farm, Road, 77 - 92 Mr Neville Burch

Change of use of existing agricultural barn and associated yard to B1 light industrial use. Amended plan received 04.04.2016

8.(ii) SDNP/16/00270/FUL - 112 Station Road, Liss, Hampshire 93 - 106 Mr Mike Burley

Single storey detached dwelling

iii 8.(iii) SDNP/16/01840/CND - 112 Station Road, Liss, GU33 7AQ 107 - 114 Mr Mike Burley

Variation of condition 12 of SDNP29764/007/FUL to allow the substitution of plans as a result of the applicants accommodation requirements

8.(iv) SDNP/15/04977/FUL - The Workshop, Gracious Street, 115 - 124 Mr Jon & Jane Butcher

Dwelling following demolition of existing agricultural barns and sheds

8.(v) SDNP/16/02506/PA3R - Manor Farm, North Lane, Clanfield, 125 - 134 Waterlooville, PO8 0RN Mr Nigel Wren

Prior notification - Change of use of part of agricultural barn to A1 retail use

8.(vi) ITEM WITHDRAWN - SDNP/16/01649/FUL - Lupton House, Stoner 135 - 148 Hill Road, Froxfield Mr & Mrs Malcolm & Anna Maclean

Retention of entrance track (as amended by plans and Design and Access Statement received 31/05/2016 - two native trees, hedging around access area and staining to gates)

Section II

There are no Section 2 items within this agenda.

iv Page Nos GENERAL INFORMATION IF YOU WOULD LIKE A VERSION OF THIS AGENDA, OR ANY OF ITS REPORTS, IN LARGE PRINT, BRAILLE, AUDIO OR IN ANOTHER LANGUAGE PLEASE CONTACT DEMOCRATIC SERVICES ON 01730 234073.

Internet This agenda and its accompanying reports can also be found on the East Hampshire District Council website: www.easthants.gov.uk

Public Attendance and Participation Members of the public are welcome to attend and observe the meetings. Many of the Council’s meetings allow the public to make deputations on matters included in the agenda. Rules govern this procedure and for further information please get in touch with the contact officer for this agenda.

Disabled Access All meeting venues have full access and facilities for the disabled. Emergency Procedure

Please ensure that you are familiar with the location of all emergency exits which are clearly marked. In the unlikely event of an emergency an alarm will sound.

PLEASE EVACUATE THE BUILDING IMMEDIATELY.

DO NOT RE-ENTER THE BUILDING UNTIL AUTHORISED TO DO SO.

No Smoking Policy All meeting venues operate a no smoking policy on all premises and grounds

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PLANNING COMMITTEE

1. INTRODUCTION

1.1. This report considers planning applications submitted to the Council, as the Local Planning Authority, for determination. It may also include items which are being determined by the Council on behalf of the South Downs National Park Authority.

East Hampshire District Council is acting as an agent for the South Downs National Park Authority in accordance with an agreement signed under Section 101 of the Town and Country Planning Act 1990. Under this arrangement the Council can determine planning applications on sites within the South Downs National Park area of the district on behalf of the National Park Authority. Applications for the South Downs National Park are prefixed with the letters SDNP.

2.1. SECTIONS IN THE REPORT

The report is divided into two main parts;

Part 1 – East Hampshire District Council

This part of the report considers applications and related planning matters which are being determined or considered by the Council as the Local Planning Authority.

Part 2 – South Downs National Park Authority

This part of the report considers applications and related planning matters which fall within East Hampshire District’s area of the South Downs National Park and which the Council is determining or considering on behalf of the South Downs National Park Authority.

Each part of the report is split into two sections:

Section 1 - Schedule of Application Recommendations

This Section deals with planning applications that have been received by the Council and which require the Planning Committee to make a decision to grant or refuse permission. Each item contains a full description of the proposed development, details of the consultations undertaken and summary of the responses received, an assessment of the proposal against current policy, a commentary and concludes with a recommendation. A presentation with slides will be made to Committee. Public participation is allowed on Section 1 items.

Section 2 – Other matters

This Section deals with other planning matters which are not the subject of a current application or are current applications which have already been determined and have been subject to a committee resolution to grant or refuse. No formal presentation will be made to Committee, unless required, and there will be no public participation.”

2.2. All information, advice, and recommendations contained in this report are understood to be correct at the time of publication, which is more than one week in advance of the Committee meeting. Because of the time constraints, some reports may have been prepared in advance of the final date for consultee responses or neighbour comment. Where a recommendation is either altered or substantially amended between preparing the report and the Committee meeting or where additional information has been received, a separate Supplementary Matters paper will be circulated at the meeting to assist Councillors. This paper will be available to members of the public.

3. PLANNING POLICY

3.1. All planning applications must be determined in accordance with the development plan, unless material considerations indicate otherwise (Section 38(6) of the Town and Compulsory Purchase Act 2004). If the development plan contains material policies or proposals and there are no other material considerations, the application should be determined in accordance with the development plan. Where there are other material considerations, the development plan will be the starting point, and other material considerations will also be taken into account. One such consideration will be whether the plan policies are relevant and up to date. The relevant development plans are the Hampshire Minerals and Waste Plan, The East Hampshire District Joint Core Strategy 2014 and the saved policies in the East Hampshire District Local Plan: Second Review 2006.

3.2. Although not necessarily specifically referred to in the Committee report, the relevant development plan will have been used as a background document and the relevant policies taken into account in the preparation of the report on each item.

3.3. The East Hampshire District Joint Core Strategy and Local Plan have policies that contain criteria that must be met if a particular form of development is to be allowed. Paragraph 11 of the National Planning Policy Framework (NPPF) states: “Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.”

3.4. The Council may sometimes decide to grant planning permission for development that departs from a development plan if other material considerations indicate that it should proceed. One of these material considerations is whether the plan is up-to- date in terms of housing delivery.

4. OTHER MATERIAL CONSIDERATIONS

4.1. Material considerations must be genuine planning considerations, i.e. they must be related to the development and use of land in the public interest. They must also fairly and reasonably relate to the application concerned. The Courts are the arbiters of what constitutes a material consideration. All the fundamental factors involved in land-use planning are included, such as the number, size, layout, siting, design, and external appearance of buildings and the proposed means of access, together with landscaping, impact on the neighbourhood, and the availability of infrastructure. 4.2. Matters that should not be taken into account are:  loss of property value  loss of view  land and boundary disputes  matters covered by leases or covenants  the impact of construction work  property maintenance issues  need for development (save in  the identity or personal characteristics of certain defined circumstances) the applicant  competition between firms,  or matters that are dealt with by other legislation, such as the Building Regulations (e.g. structural safety, fire risks, means of escape in the event of fire etc). - The fact that a development may conflict with other legislation is not a reason to refuse planning permission or defer a decision. It is the applicant’s responsibility to ensure compliance with all relevant legislation.

4.3. Government statements of planning policy are material considerations that must be taken into account in deciding planning applications. These statements cannot make irrelevant any matter that is a material consideration in a particular case. Nevertheless, where such statements indicate the weight that should be given to relevant considerations, decision-makers must have proper regard to them.

4.4. In those cases where the development plan is not relevant, for example because there are no relevant policies, the planning application should be determined on its merits in the light of all the material considerations.

5. PLANNING CONDITIONS AND OBLIGATIONS

5.1. The Council can impose conditions on planning permissions only where there is a clear land-use planning justification for doing so. Conditions should be used in a way that is clearly seen to be fair, reasonable, and practicable. One key test of whether a particular condition is necessary is if planning permission would have to be refused if the condition were not imposed. Otherwise, such a condition would need special and precise justification.

5.2. Where it is not possible to include matters that are necessary for a development to proceed in a planning condition the Council can agree a planning obligation under Section 106 of the Town and Country Planning Act 1990. Planning obligations should meet the Secretary of State's policy tests. They should be:  necessary;  relevant to planning;  directly related to the proposed development;  fairly and reasonably related in scale and kind to the proposed development; and  reasonable in all other respects. 5.3. The use of planning obligations is governed by the fundamental principle that planning permission may not be bought or sold. It is therefore not legitimate for unacceptable development to be permitted because of benefits or inducements offered by a developer, which are not necessary to make the development acceptable in planning terms. Planning obligations are only a material consideration to be taken into account when deciding whether to grant planning permission, and it is for the Council to decide what weight should be attached to a particular material consideration.

6. PLANNING APPEALS Applicants have the right of appeal to the Secretary of State if an application is refused, or granted subject to conditions, or if it has not been determined within the specified period. Appeals are administered by the Planning Inspectorate - an executive agency reporting to the Secretary of State. Appeals are considered by written representation, hearings, and public inquiries. In planning appeals, it is normally expected that both parties will pay their own costs. Costs can however, be awarded against the Council where it:

(a) fails to determine a planning application in good time – the Council must have good planning reasons to explain and justify why it did not make a decision in time. (b) fails to carry out adequate prior investigation consistent with national policy and guidance. (c) prevents or delays development that should clearly be permitted having regard to the development plan, national policy statements and any other material considerations. It is the Councils responsibility to produce evidence to show clearly, why the development cannot be permitted. Reasons for refusal must be  complete,  precise,  specific  relevant to the application, and  supported by substantiated evidence. (d) fails to show reasonable planning grounds for taking a decision contrary to officer advice (e) gives too much weight to neighbour objections - the extent of local opposition is not, in itself, a reasonable ground for resisting development. To carry significant weight, opposition should be founded on valid planning reasons that is supported by substantial evidence. (f) relies on unsubstantiated objections where they include valid reasons for refusal but rely almost exclusively on local opposition from third parties, through representations and attendance at an inquiry or hearing, to support the decision. (g) fails to show that it has considered the possibility of imposing relevant planning conditions to allow development to proceed.

The following are examples given in Planning Practice Guidance of circumstances that may lead to an award of costs against the Council: (a) ignoring relevant national policy – for example, the advice in NPPF, (b) where a proposal is contrary to the development plan but the relevant policy has been superseded by national policy which advocates an entirely different approach. An example might be ignoring national advice in paragraph 54 of NPPF which may allow some market housing to bring forward a rural affordable housing exception site, (c) acting contrary to, or not following, well-established case law, (d) persisting in objections to a scheme, or part of a scheme, which has already been granted planning permission or which the Secretary of State or an Inspector has previously indicated to be acceptable, (e) not determining like cases in a like manner – for example, imposing an additional reason for refusal on a similar scheme to one previously considered by the planning authority where circumstances have not materially changed, (f) failing to grant a further planning permission for a scheme the subject of an extant or recently expired permission where there has been no material change in circumstances, (g) refusing to approve reserved matters when the objections relate to issues that should already have been considered at the outline stage, (h) imposing a condition that is not necessary, precise, enforceable, relevant to planning, relevant to the development permitted or reasonable and thereby does not comply with the advice in the Planning Practice Guidance on the use of conditions in planning permissions, (i) requiring the appellant to enter into or complete a planning obligation which does not accord with the tests in para 204 of the NPPF, or (j) not imposing conditions on a grant of planning permission where conditions could effectively have overcome the objection identified – for example, in relation to highway matters.

7. THE SECRETARY OF STATE'S ROLE

7.1 The Secretary of State has reserve powers to direct the council to refer an application to him/her for decision. This is what is meant by a 'called-in' application. In general, this power of intervention is used selectively and the Secretary of State will not interfere with the jurisdiction of local planning authorities unless it is necessary to do so. The Planning Practice Guidance sets out the type of development proposals that directs local authorities to consult with the Secretary of State before granting planning permission.

8. PROPRIETY

8.1 Councillors are elected to represent the interests of the whole community in planning matters and not simply their individual Wards. When determining planning applications they must take into account planning considerations only. This can include views expressed on relevant planning matters. Local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission, unless it is founded upon valid planning reasons.

9. PRIVATE INTERESTS

9.1 The planning system does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases. It can be difficult to distinguish between public and private interests, but this may be necessary on occasion. The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest. Covenants or the maintenance/protection of private property are therefore not material planning consideration.

10.OTHER LEGISLATION

10.1 Non-planning legislation may place statutory requirements on planning authorities, or may set out controls that need to be taken into account (for example, environmental legislation, or water resources legislation). The Council, in exercising its functions, also must have regard to the general requirements of other legislation, in particular:  The Race Relations (Amendment) Act 2000, which prevents discrimination directly or indirectly in any functions, carried out by public authorities.  The Equality Act 2010, which places a duty on all those responsible for providing a service to the public not to discriminate against disabled people by providing a lower standard of service.  The Human Rights Act 1998, which incorporated provisions of the European Convention on Human Rights (ECHR) into UK law. The general purpose of the ECHR is to protect human rights and fundamental freedoms and to maintain and promote the ideals and values of a democratic society. It sets out the basic rights of every person together with the limitations placed on these rights in order to protect the rights of others and of the wider community. The specific Articles of the ECHR relevant to planning include Article 6 (Right to a fair and public hearing), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property). All planning applications are assessed to make sure that the subsequent determination of the development proposal is compatible with the Act. If there is a potential conflict, this will be highlighted in the report on the relevant item.

11.PUBLIC SPEAKING

11.1 The Council has adopted a scheme for the public to speak on all Section 1 items. Where public speaking is allowed, the applicant or their representative, the local Parish/Town Council, and one objector may address the Committee, for a maximum of three minutes each, by prior invitation. Members of the public wishing to speak must have contacted the Meeting Administrator in Democratic Services at least 48 hours before the meeting. It is not possible to arrange to speak to the Committee at the Committee meeting itself.

11.2 For probity reasons associated with advance disclosure of information under the Access to Information Act, neither the applicant, Parish Council, nor an objector will be allowed to circulate, show or display further material at, or just before, the Committee meeting.

12. INSPECTION OF DRAWINGS 12.1 All drawings are available for inspection on the internet at www.easthants.gov.uk and at the Planning Development Reception area during our normal office hours. The files and drawings will also be available 30 minutes prior to the start of meeting for Councillors to inspect.

13.FINANCIAL IMPLICATIONS

13.1 There are no direct financial implications arising from this report. However, in the event of an appeal, further resources will be put towards defending the Council’s decision. Rarely and in certain circumstances, decisions on planning applications may result in the Council facing an application for costs arising from a planning appeal. Officers will aim to alert Members where this may be likely and provide appropriate advice in such circumstances.

Simon Jenkins Head of Planning

Background Papers:

 the individual planning application file (reference quoted in each case)  the Hampshire Minerals and Waste Plan 2013  East Hampshire Joint Core Strategy 2014  East Hampshire District Local Plan: Second Review 2006 - Saved Policies  Government advice and guidance contained in circulars, National Planning Policy Framework, Planning Practice Guidance and ministerial statements  any other document specifically referred to in the report.

PLANNING COMMITTEE

PS.471/2016 16 June 2016

POSSIBLE FUTURE ITEMS FOR COMMITTEE / SITE VISIT

The following items are for INFORMATION purposes only. They comprise major applications that have either been submitted some time ago but are still not yet ready for consideration or are recently received applications that are not ready to be considered by the Committee or determined under the Scheme of Delegation. The purpose of this report is to highlight the receipt of these applications to ensure that any issues that they raise are highlighted at an early stage. Councillors may also suggest possible future site visits under this item.

Reference Description and Address 1 30800/010 Outline Application - Residential development for up to 6 detached dwellings, alteration of existing access and associated works

Land Rear of, 131 Road, , Alton

This application has only just recently been submitted and consultations and notifications are under way. It is too early to make any decision as to how this application will be determined.

2 38879/002 Retention of brick entrance walls

Penrose, Road, , GU345JF

This application has only just recently been submitted and consultations and notifications are under way. It is too early to make any decision as to how this application will be determined.

3 56297 Detached stable block with tack room and grooming area, feed room, hay store together with provision of an outdoor arena 60m x 20m

Land South of Homelea, Churt Road, Headley, Bordon

This application has only just recently been submitted and consultations and notifications are under way. It is too early to make any decision as to how this application will be determined.

20107/091/VOC/JonH Froyle Park, Ryebridge Lane, Upper Froyle, Alton, GU34 4LA

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55541/005/FUL/JonH Froyle Park, Ryebridge Lane, Upper Froyle, Alton, GU34 4LA

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Item No.: 4

The information, recommendations, and advice contained in this report are correct as at the date of preparation, which is more than one week in advance of the Committee meeting. Because of the time constraints some reports may have been prepared in advance of the final date given for consultee responses or neighbour comments. Any changes or necessary updates to the report will be made orally at the Committee meeting.

PROPOSAL Conversion of a garage to provide habitable space to include work to the roof on the front elevation. The creation of a porch, and the erection of single storey rear extension. (Amended red line) LOCATION: Highfield, 32 Lymington Bottom, Four Marks, Alton, GU34 5AH REFERENCE : 25634/001 PARISH:Four Marks APPLICANT: Mr & Mrs Tidball CONSULTATION EXPIRY : 27 May 2016 APPLICATION EXPIRY : 13 May 2016 COUNCILLORS: Cllr D Jackson, Cllr I Thomas SUMMARY RECOMMENDATION: PERMISSION

This application has been included on the agenda at the request of Councillor Thomas for the following reasons:

Due to the close proximity of the extension to the boundary of the property. The height and size of the wall which would then be on that boundary and impact on the residents of the adjoining property.

Site and Development

Highfield is a detached house, with attached/integral double garage, situated in a residential area, within the Settlement Policy Boundary of Four Marks and within the Medstead and Four Marks Neighbourhood Plan area.

The application is for a porch and single storey rear and side extension, as well as the conversion of half of the garage to create a fifth bedroom and larger kitchen for the property. The rear and side extension would measure; 10.8 metres in maximum depth, 12.2 metres in maximum width, 2.8 metres in eaves height and 3.2 metres in maximum height. The proposed extension includes proposed ground floor windows on the north, south and west elevations.

Relevant Planning History

No relevant history. Development Plan Policies and Proposals

East Hampshire District Local Plan: Joint Core Strategy (2014)

CP1 - Presumption in favour of sustainable development CP2 - Spatial Strategy CP27 - Pollution CP29 - Design CP31 - Transport

East Hampshire District Local Plan: Second Review (2006)

HE2 - Alterations and Extensions to Buildings

Medstead and Four Marks Neighbourhood Plan 2016

Policy 1: Spatial Strategy

Planning Policy Constraints and Guidance

National Planning Policy Framework (NPPF)

In this instance the following sections of the NPPF are considered to be particularly relevant to the consideration of the development;

Section 7 – Requiring good design.

Village Design Statement - Four Marks Village Design Statement - non statutory planning guidance that has been the subject of public consultation and therefore is a material planning consideration.

Consultations and Town/Parish Council comments

Four Marks Parish Council

Objection, due to the overbearing design and scale of the proposed extension and the impact it would have on the neighbouring properties. Also, as the proposal would be contrary to policy CP27 and the Four Marks Village Design Statement.

Representations

12 neighbour representations received, 2 in support of the application and 10 objecting to the proposal for the following reasons:  The size of the proposal is not in keeping with the character of the area.  The height, depth and close proximity to the boundary of the proposed extension would adversely impact upon the amenity of neighbouring properties in terms of overshadowing and change in outlook.  The proposal is of a poor design.  The bulk of the extension would be overbearing for neighbouring properties.  The extension would intersect a 45 degree line from the middle of the nearest neighbouring window.  The proposed extension would overhang the boundary.  The proposed windows on the side elevations would cause a loss in privacy for neighbouring properties.  The proposed close proximity to the boundary would make it difficult to maintain the side boundary.  The sloped roof of the extension would cause an increase in run-off rainwater.  The extension would set a precedent for other properties.

Determining Issues

1. Principle of development 2. Impact upon scale and character of dwelling and local area 3. Impact on the amenity of neighbouring properties 4. Highway implications

Planning Considerations

1. Principle of development

Policy CP1 of the Joint Core Strategy (JCS) applies to development within the Settlement Policy Boundary (SPB) where there is a presumption in favour of development. Policy CP2 identifies a sustainable hierarchy of SPB and sets out five levels of sustainable settlements. The application site falls within one of the identified SPB, and given that the proposal is for the extension of an existing residential property, the principle of the development is acceptable, subject to all other relevant planning considerations and policies, which will be discussed below.

Policy 1 of the Medstead and Four Marks Neighbourhood Plan states that development proposals on land within the Settlement Policy Boundaries will be supported, subject to accordance with relevant policies.

2. Impact upon scale and character of dwelling and local area

Policy HE2 of the Local Plan requires that alterations and extensions to buildings are designed to take account of the design, scale, and character of the original building, its plot size and its setting. Policy CP29 of the JCS seeks to ensure that development proposals are of exemplary standards of design and architecture, with a high quality external appearance that respect the area's particular characteristics. It requires that developments are sympathetic to their setting in terms of scale, height and massing, and their relationship to adjoining buildings, spaces around buildings, and that developments should make a positive contribution to the overall appearance of the area. Concerns have been raised that the proposal would adversely impact upon the character of the area. The Council does not encourage flat roofs, as they do not contribute positively to the design of a dwelling and the character of the local area. However, in this case it is considered as acceptable, as the flat roof would not adversely impact on the character of the dwelling or the local area, due to its concealed position to the rear of the dwelling and the presence of an existing flat roof garage and extension. It is considered that the scale and bulk of the proposal would be in keeping with the property and surrounding buildings and would not appear overly dominant in the streetscene or wider area. The porch would not significantly alter the external appearance of the dwelling and the rear and side extension would be concealed from public view by the dwelling itself. The application is for the alteration of an existing dwelling and the provision for its amenities would remain adequate. The dwelling would not be unbalanced by the proposal and existing features such as ridge heights, eaves heights and other proportions would be reflected in the extension.

The proposal is in keeping with the Four Marks Village Design Statement in so much as it respects the general character of its immediate surroundings.

3. Impact on the amenity of neighbouring properties

Policy CP27 of the JCS requires that developments would not have an unacceptable impact on the amenity of the occupiers of neighbouring properties through loss of privacy or excessive overshadowing.

It is considered that the proposal would not impact upon the amenity of number 34, as the property would be sufficiently distanced away from the proposal and would be partially screened by a 1.8 metre high fence on the boundary.

Concerns have been raised regarding the impact that the proposal would have on the amenity of number 30, in terms of overshadowing, loss of light, overlooking and change in outlook. The extension would intersect a 45 degree line from the middle of the nearest ground floor window of number 30; therefore, the extension would cause a degree of overshadowing and loss of light. However, the window serves an open plan kitchen and dining room and is not the only window serving these rooms. Also, the maximum height of the extension would be just 1.4 metres above the existing 1.8 metre high boundary fence, which would provide sufficient screening. The extension would be situated approximately 2.5 metres away from the nearest neighbouring window, which would be a sufficient distance to reduce the impacts of overshadowing and change in outlook. Therefore, it is considered that on balance, the application is acceptable.

Concerns have also been raised that the ground floor windows on the north, south and west elevations would adversely impact upon the privacy of neighbouring properties. However, it is considered that the proposal would not cause an increase in overlooking or a loss in privacy for any neighbouring property, due to the sufficient distance between the properties and the 1.8 metre high boundary fences, which would provide sufficient screening.

The proposal would be sufficiently distanced, orientated and designed so as not to have an unacceptable effect on the amenities of the neighbouring properties, in particular to their outlook, privacy or available light. 4. Highway implications

Policy CP31 of the JCS requires that regard is had to any impact on the safety and convenience of the public highway. Although the proposal involves the part conversion of the garage and the addition of a fifth bedroom, there would remain sufficient parking space to serve the increased size of the property, which would comply with the parking standards of the Council.

Conclusion

The proposal is considered to be acceptable as it would not detract from the character and appearance of the area, would not have an unacceptable impact on the amenities of neighbouring properties, would not have an adverse effect on the safety and function of the highway network and is in compliance with the relevant policies of the East Hampshire District Joint Core Strategy, Local Plan: Second Review and Medstead and Four Marks Neighbourhood Plan.

RECOMMENDATION

PERMISSION subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three years from the date of this planning permission. Reason - To comply with Section 91 of the Town and Country Planning Act 1990

2 The external materials to be used shall match, as closely as possible, in type, colour, and texture those of the existing building unless otherwise agreed in writing by the local planning authority. Reason - To ensure that a harmonious visual relationship is achieved between the new and the existing developments.

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

Application Form A001 - Site Location Plan

A002 - Existing Site Block Plan (Superseded) A003-B - Proposed Site Block Plan (Superseded) A004 - Existing Floor Plans (Superseded) A005 - Existing Roof Plan (Superseded) A006 - Existing Elevations (Superseded) A007-C - Proposed Floor Plans (Superseded) A008-C - Proposed Roof Plan (Superseded) A009-C - Proposed Elevations (Superseded)

A002-A - Existing Site Block Plan (Amended) A003-C - Proposed Site Block Plan (Amended) A004-A - Existing Floor Plans (Amended) A005-A - Existing Roof Plan (Amended) A006-A - Existing Elevations (Amended) A007-D - Proposed Floor Plans (Amended) A008-D - Proposed Roof Plan (Amended) A009-D - Proposed Elevations (Amended)

Reason - To ensure provision of a satisfactory development

Informative Notes to Applicant:

1 In accordance with paragraphs 186 and 187 of the NPPF East Hampshire District Council (EHDC) takes a positive and proactive approach and works with applicants/agents on development proposals in a manner focused on solutions by:

 offering a pre-application advice service,

 updating applications/agents of any issues that may arise in the processing of their application and where possible suggesting solutions, and,

 by adhering to the requirements of the Planning Charter.

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

CASE OFFICER: Lisa Gill 01730 234235 ——————————————————————————————————————— SECTION 1 Item 4 Highfield, 32 Lymington Bottom, Four Marks, GU34 5AH

Proposed layout plan SECTION 1 Item 4 Highfield, 32 Lymington Bottom, Four Marks, GU34 5AH

Proposed front elevation

Proposed rear elevation SECTION 1 Item 4 Highfield, 32 Lymington Bottom, Four Marks, GU34 5AH

Proposed side elevation (south east)

Proposed side elevation (north west)

Item No.: 05

The information, recommendations, and advice contained in this report are correct as at the date of preparation, which is more than one week in advance of the Committee meeting. Because of the time constraints some reports may have been prepared in advance of the final date given for consultee responses or neighbour comments. Any changes or necessary updates to the report will be made orally at the Committee meeting.

PROPOSAL Ground floor and first floor rear extensions following demolition of ancillary store [amended proposal] LOCATION: Allsun, Husseys Lane, Lower Froyle, Alton, GU34 4LX REFERENCE : 24771/007 PARISH:Froyle APPLICANT: Mr & Mrs J Bainbridge CONSULTATION EXPIRY : 28 May 2016 APPLICATION EXPIRY : 13 May 2016 COUNCILLOR: Cllr G P Watts SUMMARY RECOMMENDATION: PERMISSION

This application has been included on the agenda at the request of Councillor Watts for the following reasons:

Concern as to the impact on the setting of the adjacent listed buildings, impact to the amenity of the attached neighbouring property in terms of overshadowing, and exceeding the 50% increase limit as defined in the criteria of Policy H16 of the East Hants District Local Plan

Site and Development

Allsun is a semi-detached dwelling located in a rural area, outside any settlement policy boundary but within a conservation area. Several listed buildings are located in close proximity to the dwellinghouse.

The proposal is for a part single storey and part two storey rear extension. This would measure 4.25 metres in depth, 4.8 metres in width, 6.3 metres to maximum height and 4.3 metres to maximum eaves height. The ground floor would be used as a dining room and garden room, with the first floor used as a new bedroom. The property would change from a three bedroom to a four bedroom dwellinghouse.

A semi-detached outbuilding would be demolished as part of the proposal.

Relevant Planning History

24771/003 - Addition of single storey extension and conservatory - Permission 20/03/1990 24771/004 - Timber framed garage/garden store including demolition of existing garage and repositioning of access drive - Permission 14/08/2009

24771/006 - Ground floor and first floor rear extensions following demolition of ancillary store - Withdrawn 09/02/2016

Development Plan Policies and Proposals

East Hampshire District Local Plan: Joint Core Strategy (2014)

CP19 - Development in the countryside CP27 - Pollution CP29 - Design CP30 - Historic Environment CP31 - Transport

East Hampshire District Local Plan: Second Review (2006)

HE2 - Alterations and Extensions to Buildings H16 - Maintaining a Range of Dwelling Sizes outside Settlement Policy Boundaries HE4 - New Development in a Conservation area HE12 - Development affecting the setting of a Listed Building

Planning Policy Constraints and Guidance

National Planning Policy Framework (NPPF)

In this instance the following sections of the NPPF are considered to be particularly relevant to the consideration of the development;

Section 6 – Delivering a wide choice of high quality homes.

Section 7 – Requiring good design.

Section 11 – Conserving and enhancing the natural environment.

Section 12 – Conserving and enhancing the historic environment.

Froyle (Lower) Conservation Area

Conservation areas are designated areas of special architectural interest, the character or appearance of which it is desirable to preserve or enhance. It is the quality and interest of the area rather than individual buildings which is important. The consequence of conservation area designation is not to preserve conservation areas unchanged but requires that new development is designed in a sensitive manner which has regard to the special character of the area. The Council’s policy on allowing development within conservation areas is set out in Policy HE4 of the East Hampshire Local Plan: Second Review, where development will be permitted only where it would preserve or enhance the character or appearance of the area. Consultations and Town/Parish Council comments

Conservation Officer - No objection to proposal in itself although considers roof lights to be out of character to dwellinghouse.

Froyle Parish Council - Objection on basis proposal breaches Policy H16 of the East Hampshire District Local Plan: Second Review.

Representations

6 neighbour representations received objecting for the following reasons:

1) Out of scale and character to host dwelling; 2) impact on neighbour light, privacy and outlook; 3) floorspace in breach of allowance permitted by Policy H16 of the Local Plan; 4) impact on setting of nearby listed buildings, and 5) impact on character of conservation area.

Determining Issues

1. Principle of development 2. Impact upon scale and character of dwelling and local area 3. Impact on the amenity of neighbouring properties 4. Highway implications 5. Impact on Lower Froyle Conservation Area 6. Impact on setting of nearby listed buildings

Planning Considerations

1. Principle of development

Policy CP19 of the East Hampshire District Local Plan; Joint Core Strategy (JCS) sets out that permission will only be granted for development within the countryside provided it meets several criteria, one of which is that there is a proven need for a countryside location. In this instance the proposal is for a domestic extension in connection with a dwelling which is located within the countryside, as such, the existing siting necessitates the need for the location.

The proposal lies outside any SPB, and as such any residential development for an extension of an existing dwelling is subject to accordance with the criteria set out in Policy H16 of the Local Plan. Policy H16 restricts extensions to dwellings of this size to 50% of their original floor area as at 1 April 1974, in order to maintain a range of dwelling sizes in the countryside.

Original dwelling = 124 square metres Previous extensions = 30 square metres Proposed extensions = 38 square metres Total additional = 68 square metres The proposal would equate to a 54% increase in floor area which conflicts with policy H16. However, this increase is considered to be relatively minor, and the additional 4% would not significantly increase the dwellings market value. The property would likely remain a mid- range dwellinghouse. On this basis the proposal is considered to comply with the aims of Policy H16.

Neighbour representation has been made claiming that part of the detached garage is being used for domestic inhabitation, and as it is within 5 metres of the dwellinghouse, should count towards the floorspace allowance of the property. Planning permission 24771/004, granted in 2009, conditioned this outbuilding to be only used for domestic storage and car parking. It does not therefore count towards the floorspace allowance of Policy H16, and any alleged domestic use, in breach of the planning condition, would be a separate issue. In any event, photographs submitted by the applicant appear to suggest that it is being used for domestic storage, and no evidence of a breach of this condition has been observed.

The principle of development is therefore acceptable, therefore subject to all the other material planning considerations as discussed below.

2. Impact upon scale and character of dwelling and local area

Policy HE2 of the Local Plan requires that alterations and extensions to buildings are designed to take account of the design, scale, and character of the original building, its plot size and its setting. Policy CP29 of the JCS seeks to ensure that development proposals are of exemplary standards of design and architecture, with a high quality external appearance that respect the area's particular characteristics. It requires that developments are sympathetic to their setting in terms of scale, height and massing, and their relationship to adjoining buildings, spaces around buildings, and that developments should make a positive contribution to the overall appearance of the area.

The extension would constitute a relatively large addition to the property. However, it would be largely concealed from the public domain by the dwelling. The maximum ridge height of the extension would be lower than the host dwelling, creating a subservient appearance. The angular corner of the first floor extension would reduce the visual bulk of the first floor, and is considered to add some architectural interest to the dwellinghouse. The dwelling would not be unbalanced by the proposal and existing features such as ridge heights, eaves heights and other proportions would be reflected in the extension.

3. Impact on the amenity of neighbouring properties

Policy CP27 of the JCS requires that developments would not have an unacceptable impact on the amenity of the occupiers of neighbouring properties through loss of privacy or excessive overshadowing. Paragraph 17 of the NPPF requires, amongst other core principles, that developments should provide a good level of amenity for all new and existing occupants of land and buildings.

The attached property to the north, Breamore, would be partially screened from the ground floor element of the rear extension by a boundary wall of approximately 2 metres high. The first floor extension and ground floor roof would be visible from above the boundary wall, however would be set back from the boundary by over 1 metre, and the pitched roofs would slope away from this neighbour at a 45 degree angle. The angular corner of the first floor would further reduce the visual impact of the extension.

A ground floor window on Breamore is located close to the boundary. Whilst this would be overshadowed by the extension, the window contains obscured glass, which would ensure there would not be an impact to the occupant’s amenity in this room. The first floor window above serves a landing area, and a forty five degree line drawn in plan would not bisect the first floor extension, due to its angular corner. This indicates there would not be an unacceptable impact to the available light in this window.

Brewery Cottage to the south would be sufficiently distanced so as not to be significantly impacted in terms of loss of light or overshadowing. Whilst the rear extension would be visible from the end of this neighbours garden, it would be partially concealed by boundary trees and vegetation. The proposed rooflight on the first floor of the rear extension would be orientated towards the end of this garden, but as it would be more than 1.7 metres from floor level, it would not cause overlooking or any privacy issues.

All other properties are sufficiently distanced so as not to be materially impacted by the proposal.

The application has been the subject of a site visit where the impact on all neighbouring properties has been assessed. The proposal would be sufficiently distanced, orientated and designed so as not to have an unacceptable effect on the amenities of the neighbouring properties, in particular to their outlook, privacy or available light.

4. Highway implications

Policy CP31 of the JCS requires that regard is had to any impact on the safety and convenience of the public highway. Parking would exist for at least three vehicles at the property, and therefore would be in accordance with the Council's adopted parking standards.

5. Impact on Lower Froyle Conservation Area

The property is located within a Conservation Area, and Policy HE4 of the Local Plan states that new development within a conservation area must have regard to the special character of the area. The Conservation Area has a strongly rural character, and existing development comprises mostly 18th and 19th century dwellings spread at intervals along narrow lanes, with wide expansive views across the surrounding farmland. As noted above, the proposal would have a traditional appearance and would have a minimal impact on wider landscape views. The Conservation Officer has not objected to the proposal, but has raised concerns that the two proposed roof lights would be out of character to the dwellinghouse. However, considering the discreet location proposed towards the rear of the property, it is not considered that they would have any significant impact on the area. It is considered therefore that the proposal would preserve the character and appearance of the Conservation Area. The proposal would accord with Local Plan policy HE4 and Section 12 of the NPPF. 6. Impact on setting of nearby listed buildings

Policy HE12 of the Local Plan states that development proposals will not be permitted if they would harm the setting of a listed building. The neighbouring property to the south, Brewery Cottage is Grade 2 listed, as is Husseys Farm House, located to the north of the site. It is considered that the proposal is sufficiently distanced from these properties, and in keeping with the design of the host dwelling, as not to cause any harm to the setting of the listed building. The proposal would accord with Local Plan policy HE12 and Section 12 of the NPPF.

Response to Parish/Town Council Comments

Noted and discussed above.

Conclusion

The proposal is considered to be acceptable as it would not detract from the character and appearance of the area, would not have an unacceptable impact on the amenities of neighbouring properties, would not have an adverse effect on the safety and function of the highway network, would preserve and enhance the special character of the conservation area, would not harm the setting of the nearby listed buildings and is in compliance with the relevant policies of the East Hampshire District Joint Core Strategy and Local Plan: Second Review.

RECOMMENDATION

PERMISSION subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three years from the date of this planning permission. Reason - To comply with Section 91 of the Town and Country Planning Act 1990

2 The external materials to be used shall match, as closely as possible, in type, colour, and texture those of the existing building unless otherwise agreed in writing by the local planning authority. Reason - To ensure that a harmonious visual relationship is achieved between the new and the existing developments.

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

Application Form Design & Access Statement Location Plan Block Plan M526/14/003 Existing Floor Plans, Elevations & Section M526/16/004 J Proposed Floor Plans, Elevations & Section Reason - To ensure provision of a satisfactory development

Informative Notes to Applicant:

1 In accordance with paragraphs 186 and 187 of the NPPF East Hampshire District Council (EHDC) takes a positive and proactive approach and works with applicants/agents on development proposals in a manner focused on solutions by:

 offering a pre-application advice service,

 updating applications/agents of any issues that may arise in the processing of their application and where possible suggesting solutions, and,

 by adhering to the requirements of the Planning Charter.

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

CASE OFFICER: Luke Turner 01730 234292 SECTION 1 Item 5 Allsun, Husseys Lane, Lower Froyle, Alton, GU34 4LX

Site plan

Proposed west elevation SECTION 1 Item 5 Allsun, Husseys Lane, Lower Froyle

South elevation proposed

Inner east elevation proposed

East elevation proposed SECTION 1 Item 5 Allsun, Husseys Lane, Lower Froyle

Proposed first floor

Proposed ground floor

PART 2

SOUTH DOWNS NATIONAL PARK AUTHORITY

PLANNING COMMITTEE REPORT OF THE HEAD OF PLANNING

Applications to be determined by the council on behalf of the South Downs National Park Authority

PS.471/2016 16 June 2016

SECTION 1 – SCHEDULE OF APPLICATION RECOMMENDATIONS

Agenda Item 01 Report to Planning Committee Date of Committee 16 June 2016 By Director of Planning Local Authority East Hampshire District Council Ward Binsted and Bentley Ward Application No: SDNP/15/06448/FUL Validation Date 23 December 2015 Target Date: 17 February 2016 Applicant: Mr Neville Burch Proposal: Change of use of existing agricultural barn and associated yard to B1 light industrial use. Amended plan received 04.04.2016 Site Address Oak Tree Farm, Blacknest Road, Binsted, GU34 4PT Purpose of Report The application is reported to Committee for a decision

Recommendation: That the application be Approved for the reasons and subject to the conditions set out in paragraph 10.1 of this report.

Executive Summary

This application proposes the re-use of an agricultural building outside the settlement policy boundary as a B1 light industrial use. A comprehensive landscaping scheme is proposed. The site previously had permission for a commercial equestrian use for the breeding and training of horses, re-using the barn for 17 stables, the construction of a large sand school (40m x 25m) and equestrian workers dwelling of 130sqm in footprint. The land to the south and forward of the barn were to be fenced off as paddocks. Parking for loose boxes and trailers was provided to the front and rear.

The proposals are considered to be in accordance with the local plan policies that support the re-use of redundant buildings in the countryside and would have less visual impact on the area than the extensive equestrian development previously approved. Indeed, the proposed landscaping scheme would improve the appearance of the site to the benefit of the area and National Park. Given the distance to neighbouring properties (over 100m in each case) there would not be a detrimental impact on their respective amenity.

Therefore, the proposed development accords with the relevant Local Plan policies relating to the conversion of buildings outside of the defined Settlement Policy Boundaries and in accordance with the economic, social and environmental aims set out in the NPPF for the presumption in favour of sustainable development and as such the application is recommended for approval.

1. Site Description

The application site is a former agricultural holding located off Blacknest Road, approximately 1.5 miles south of Bentley, 8.6 miles north east of Alton and 5 miles west of Farnham. The application building is a barn measuring approximately 420 sqm with surrounding hardstanding and driveway of approximately 80m in length connecting to Blacknest Road to the east, set within an area of surrounding meadow of approximately 6.9 hectares. The site is characterised by marshy grassland, improved grassland, plantation woodland, scrub, hedgerow and standing water. The existing barn lies roughly in the middle of the site.

On the northern part of the site there is another agricultural barn (ref: SDNP13/05754/FUL) measuring 30m by 15m, which is 3.5m to the eaves and 5.5m to the ridge. This building is largely not visible from outside of the site and is sited to the west of an earth bund which extends to an area of approximately 0.26ha.

The site is bounded to the east by Blacknest Road which runs from the north-west to the south-east and bordered by native hedgerows containing blackberry, rosehip and several trees. North-west of the site is the Blacknest Business Park, a collection of commercial and industrial units. There is a lake surrounded by trees and hedges located in the north-west of the site. A copse of trees is located in the south-west. The south-eastern boundary is marked by hedges and a copse of trees south-east of which are several dwellings. North-east of the site on the opposite side of Blacknest Road are further dwellings.

The South Downs Integrated Landscape Character Assessment (SDILCA) 2011 characterises the application site within the K3 Alice Holt Mixed Farmland and Woodland character area. Access to the site is from Blacknest Road through large cast iron gates via an existing drive lined each side with cleft post and rail fencing leading to the barn in the centre of the site. Around the barn is an area of hardstanding with an access road leading to the northern barn around which is further hardstanding.

2. Relevant Planning History

SDNP/13/05753/FUL - Change of use of land to agricultural and equestrian, temporary workers dwelling, construction of 17 stables within existing barn and manege STATUS: APPROVED 13th November 2014.

SDNP/13/05754/FUL - Retention of agricultural building and deposition of soil to enhance an existing earth bund (retrospective). STATUS: APPROVED 3rd February 2014.

3. Proposal

The proposal is for a change of use of the land and buildings within the red line on the site plan submitted from agricultural barn and associated yard to B1 light industrial use. Permission was recently granted for the greater site (6.9ha) to create a new rural commercial enterprise for the breeding of horses and the training of horses which was subsequently partially implemented. The existing barn in the centre of the site (the subject of this application) was converted for 17 stables. A manege measuring 40m x 25m was also approved to be constructed to the south-east of this building. The surrounding land was proposed to be subdivided into grazing paddocks. The applicants established that it would be necessary to live on the site and therefore a temporary worker's dwelling for the applicants and their family was approved to the south-west of the barn measuring 131sqm in floor area. A nature reserve was proposed in the western area of the site. Following the cessation of equestrian activities on site, the barn is now empty. The temporary workers dwelling, paddocks and manege were not constructed.

The barn has a floor area of 420sqm. It is proposed to utilise this barn for the applicants business of fabrication of doors and wall protectors for institutional uses such as hospitals which falls under use Class B1 Light Industrial. Internally the proposed fabrication area would take up the majority of the area with storage, office and rest room / toilet facilities also proposed within the building. No outside storage is proposed. An amended site plan has been received locating the proposed parking to the rear of the barn and proposing comprehensive landscaping of the site. The area around the existing barn and driveway to Blacknest Road would be relaid with limestone scalpings.

4. Consultations

Environmental Health Services - Pollution No objection to B1 use at this site, but recommend conditions relating to hours of use and external lighting. HCC Highways - Strategic Applications The Highway Authority have estimated that in the worse case the likely increase in daily trips resulting from the change of use would equate to 9 additional trips.

The plans now provided show that with some clearance and trimming the full visibility of 2.4 metres x 120 metres could be provided to the south east. To the north-west with clearance and trimming the maximum visibility to the brow of the hill is 100.5 metres although a vehicle generally comes into first vision approaching from 120 metres. This whilst the full visibility requirement to 120m is not available in this direction since vehicles will come into vision at that distance the Highway Authority are satisfied that the visibility at the existing site access is commensurate with the estimated increase in vehicle movements likely to be generated by this change of use. The additional traffic using this access would therefore be unlikely to have any detrimental impact upon the operation or safety of Blacknest Road.

Having regard to the above the Highway Authority has no objection subject to conditions relating to the construction of the access and parking provision and its retention.

EHDC - Landscape Officer This site is in the Alice Holt Mixed Farmland and Woodland landscape character area, where one of the development considerations is maintaining the rural character of roads and avoiding suburban features. Blacknest Road is a rural route through the South Downs National Park - the adjacent industrial park is set back with screen planting and does not detract much from the open view across the fields of Oak Tree Farm towards Home Hanger from Blacknest Road. This key view would be compromised by a car park laid out in front of the converted building that would give a suburban character to the site. If this application is approved, a substantial landscape buffer would be required between the building and the road and the car parking should be located at the rear of the site.

Further comment received 12.04.16: The landscape plan is approved - much better to have parking at the back.

Parish Council Consultee

Comment:100% objection by BPC for the following reasons:- 1. Overspill of the industrial site into adjacent agricultural land. 2. Impact of vehicles entering and leaving the site on a regular basis on an existing busy through road. 3. Site is outside area designated for commercial use. 4.It is a greenfield site within the NP, and should remain within the SDNP policy of right to conserve and enhance the natural beauty, wildlife and cultural heritage 5.The noise and impact of the use of machinery in a greenfield zone 6.Do not agree with the applicants statement that the site has already adopted a B1 classification. 7. The applicants existing site within the village provides equal or more square meter working/storage space with vehicle movements which do not in cumber other road users. 8. Concerns by the public over the possible change of use of the second barn/building on the site

5. Representations

21 representations received.

16 letters of objection from individual addresses have been received and 1 letter of support.

The letters of objection contain the following material planning considerations:

Increase in traffic Loss of agricultural land Noise and smell detrimental to residential amenity Visual impact on the SDNP Light pollution

The letter of support contains the following material planning considerations:

The proposals will improve the appearance of the site Economic benefit

6. Policy Context

6.1 Applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The statutory development plan in this area is the East Hampshire District Local Plan: Joint Core Strategy. The relevant policies to this application are set out in section 7, below.

National Planning Policy Framework (NPPF) and Circular 2010

Government policy relating to National Parks is set out in English National Parks and the Broads: UK Government Vision and Circular 2010 and The National Planning Policy Framework (NPPF) which was issued and came into effect on 27 March 2012. The Circular and NPPF confirm that National Parks have the highest status of protection and the NPPF states at paragraph 115 that great weight should be given to conserving landscape and scenic beauty in the National Parks and that the conservation of wildlife and cultural heritage are important considerations and should also be given great weight in National Parks.

6.2 National Park Purposes

The two statutory purposes of the SDNP designation are:

 To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas;  To promote opportunities for the public understanding and enjoyment of the special qualities of their areas.

If there is a conflict between these two purposes, conservation takes precedence. There is also a duty to foster the economic and social well being of the local community in pursuit of these purposes.

6.3 Relationship of the Development Plan to the NPPF and Circular 2010

The South Downs National Park Preferred Options Local Plan was approved by Members at Committee on 16 July 2015 to go out for public consultation in September. The consultation period has now ended and responses received will be considered by the Authority in due course. The next stage in the plan preparation will then be the proposed submission. Until this time, the Preferred Options Local Plan is a material consideration in the assessment of this planning application in accordance with paragraph 216 of the National Planning Policy Framework, which confirm that weight can be given to policies in emerging plans following publication. Based on the early stage of preparation the policies within the Preferred Options Local Plan are currently afforded limited weight. The following policies are considered to be of relevance to this application: SD1, SD5, SD7, SD8, SD9, SD18, SD22 and SD49

The following sections of the NPPF are considered to be particularly relevant to the consideration of this application: 1. Building a strong, competitive economy 3. Supporting a prosperous rural economy 7. Requiring good design 11. Conserving and enhancing the natural environment

6. 4 The South Downs Partnership Management Plan The South Downs Partnership Management Plan (SDPMP) was adopted on 3 December 2013. It sets out a Vision and long term Outcomes for the National Park, as well as 5 year Policies and a continually updated Delivery Framework. The SDPMP is a material consideration in planning applications and has some weight pending adoption of the SDNP Local Plan. The following Policies and Outcomes are of particular relevance to this case:

General Policy 1 Conserve and enhance the natural beauty and special qualities of the landscape and its setting, in ways that allow it to continue to evolve and become more resilient to the impacts of climate change and other pressures.

7. Planning Policy

The following policies of the East Hampshire District Local Plan: Joint Core Strategy are relevant to this application:

 CP1 Presume in favour of sustainable development  CP2 Spatial Strategy  CP6 Rural economy and landscape  CP19 Development in the countryside  CP20 Landscape  CP27 Pollution  CP29 Design  CP31 Transport

East Hampshire District Local Plan: Second Review 2006:  C14 Conversion Of Buildings In The Countryside

8. Planning Assessment

Determining Issues

1. The principle of development 2. Impact on character of area and South Downs National Park 3. Impact on residential amenity of neighbouring properties 4. Highways and parking 5. Impact on the purposes and duty of the South Downs National Park

1. The principle of development

Policy CP6 of East Hampshire District Local Plan: Joint Core Strategy 2014 states that 'Development will be permitted for the conversion of rural buildings for appropriate uses, including commercial use; provided that they do not harm the character of the site or its surroundings or do not adversely affect natural beauty, wildlife, cultural heritage and opportunities for recreation.'

Policy C14 of the East Hampshire District Local Plan Review 2006 states:

The change of use and/or conversion of buildings for employment or community uses in the countryside will be permitted if:

o a structural survey shows that the building is of sound, permanent construction, is not derelict and can accommodate the proposed use without substantial reconstruction; o the form, scale and general design of the building is in keeping with its surroundings; o any conversion work respects local building styles and materials; o the proposal would not harm rural amenities by reason of noise, smell, dust, smoke, lighting, vibration, or any form of water, soil or air pollution or operations at unsocial hours; o the traffic generated is not of a type or amount inappropriate to the local rural roads or requires improvements which will harm the character of rural roads in the area; o the scale and location of the development will not lead to unsustainable travel patterns through excessive use of the car or delivery vehicles; o the proposed development has satisfactory landscaping or screening and does not harm the character of the countryside, AONB, the setting of a Conservation Area or a Listed Building; o there is sufficient room in the curtilage of the building for any external storage required and the parking and turning of vehicles without detriment to the visual amenity of the countryside; o no new fences, walls or other structures associated with the use of the building or the definition of its curtilage or any sub-division of it will be erected if they would harm the visual amenity of the countryside; o the scale of development, by itself or together with other employment proposals in the area, will not have an adverse effect on the viability or vitality of existing or proposed employment areas within a nearby settlement;

Policy SD49 of the South Downs Local Plan: Preferred Options September 2015 states:

The conversion of redundant agricultural buildings outside of defined settlement boundaries will only be permitted where they comply with other relevant policies and: a) it is not in a wholly isolated location from infrastructure, amenities and services; b) it is structurally sound and capable of conversion without substantial reconstruction which may constitute a re-build; c) existing traditional buildings within the holding are not capable of being re-used in the first instance; d) it can accommodate the proposed use(s) without the need for significant extensions or ancillary buildings; e) it incorporates measures to enhance the environmental performance of the building, where appropriate; f) the proposed use does not impact upon the amenities and/or activities of neighbouring properties and uses

The principle of development is accepted as the proposal concerns the change of use of an existing building to a commercial use outside of the defined Settlement Policy Boundary. This is in accordance with policies of the development plan listed above, subject to all other relevant planning policies, and, all material planning considerations.

2. Impact on character of area and South Downs National Park

The existing building is a modern steel framed barn clad in dark green profiled steel sheeting on top of concrete walls. The building is located approximately 80m from Blacknest Road to the east on lower ground. No structural survey has been submitted, however given the age of the building, condition and visual appearance it appears of sound, permanent construction, it is in no way derelict and could accommodate the proposed use without reconstruction. Therefore a structural survey has not been requested in this instance.

The proposed exterior alterations relate to the addition of windows and roof lights and brick facings to the lower concrete walls. A comprehensive landscaping scheme has been submitted which proposes the planting of a native hedge directly to the front, side and rear of the hardstanding that surrounds the building and 3 new Acer trees to the front and side of the building. Furthermore a line of cherry trees are proposed to each side of the access drive, with the drive and hardstanding surrounding the building to be laid with limestone scalpings. The parking area was initially proposed to the front of the building and revised plans have been submitted which relocate this to the rear. No outside storage is proposed. The Council's Landscape Officer has confirmed her approval with regards to the proposed landscaping scheme. Conditions are recommended relating to the use of floodlighting to protect the dark skies commodity of the National Park and to restrict outside storage.

There are no views of the building from the Public Footpath No.37 to the west on high ground due to the dense intervening tree belt. The roof of the building is glimpsed from Footpath No.55 to the north-west when approaching Broadview Farm, with Blacknest Industrial Estate in the foreground.

A material consideration is the previous change of use granted for the commercial equestrian operation on site. Under that application, a manege, dwelling and paddocks were approved, with parking for loose boxes to the front of the barn, all of which development was potentially more visually intrusive than the change of use proposed in this instance.

Given the landscaping proposed and the limited external changes to the existing building, the visual impact of the proposed changes on the character of the area and National Park are considered to be an improvement over the existing site and the proposals are in accordance with the above Polices with regards to the visual impact of the area and SDNP.

3. Impact on residential amenity of neighbouring properties

The nearest residential properties to the existing barn are The Oaks, approximately 100m to the south and Blacknest Cottages, approximately 125m to the north east. The proposed use is B1 Light Industrial involving the treatment of doors to be used in institutions and hospitals as end users. The fabrication process involves the cutting and gluing of doors, mainly involving the use of hand tools. There are no extractor fans or plant proposed as the process does not warrant such equipment. The supplementary supporting information explains that the operatives do not need to wear masks or respirators for the process and the proposed office lies within the building, directly next to the fabrication area. The Council's Environmental Health Officer has confirmed that the applicant's existing operation at Malms Farm has not generated complaints regarding odour. The Environmental Health officer has no objection to the proposals.

Given that B1 Light Industrial uses are by their nature suitable to be located within or close to residential development, the distance to the nearest residential dwellings and the type of activity proposed, it would not be materially harmful to the residential amenity of these neighbours (or any others) and as such would not provide a sufficiently robust reason to refuse the application. A condition is recommended restricting the hours of use of the premises. The proposals are therefore in accordance with Policy CP27 of the Joint Core Strategy, Policy C14 of the Local Plan Review 2006 and Policy SD49 of the SDNP Local Plan Preferred Options with regards to impact on amenity.

4. Highways and parking

The Highway Authority has been consulted in relation to the application and comment that with some clearance and trimming the full visibility splay of 2.4 metres x 120 metres can be provided to the south east. To the north-west with clearance and trimming the maximum visibility to the brow of the hill is 100.5 metres, although a vehicle generally comes into first vision approaching from 120 metres. Whilst the full visibility requirement to 120m is not available to the north-west vehicles will come into vision at that distance, therefore the Highway Authority are satisfied that the increase in available visibility at the existing site access is commensurate with the estimated increase in vehicle movements likely to be generated by this change of use. The additional traffic using this access would therefore be unlikely to have any detrimental impact upon the operation or safety of Blacknest Road. For these reasons the Highway Authority has no objection to the scheme, subject to conditions relating to the construction of the access and the provision and retention of the parking as shown on the submitted plans. Given the level and type of existing traffic visiting the nearby Industrial Estate, the proposals are in accordance with Policy C14 of the East Hampshire District Local Plan Review and CB1 of the Joint Core Strategy relating to traffic generation.

5. Impact on the purposes and duty of the South Downs National Park

Given the above assessment of the visual impact of the proposed development and the landscape improvements proposed for the site, and, the economic benefits that the proposed commercial use will bring, it is considered that the proposed development is in accordance with the purposes and duty of the South Downs National Park: 1. To conserve and enhance the natural beauty, wildlife and cultural heritage of the area, 2. To promote opportunities for the understanding and enjoyment of the special qualities of the national park by the public, and to seek to foster the economic and social well-being of the local communities within the National Park.

9. Conclusion

The proposed development accords with the relevant polices relating to the conversion of buildings outside of the defined Settlement Policy Boundaries. The proposals will improve the visual appearance of the site to the benefit of the National Park and will not have a material impact on the residential amenity of neighbouring properties. The proposals involve the reuse of an existing building and will provide jobs to the locality. The proposals are therefore in accordance with the economic, social and environmental aims set out in the NPPF for the presumption in favour of sustainable development and as such the application is recommended for approval. 10. Recommendation

It is recommended that the application be approved subject to the conditions set out below

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

Plan Type Reference Version Date on Plan Status Plans - Planting Plan 1287 PP 300 04.04.2016 Approved and Block Plan Application Form - 23.12.2015 Approved Application form Application Documents - 23.12.2015 Approved Design and access statement OS Extract - Location #238/006 23.12.2015 Approved plan Plans - Proposed floor #238/005 23.12.2015 Approved plans Plans - Proposed #238/002 23.12.2015 Approved elevations Application Documents - 23.12.2015 Approved Baseline assessment checklist

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

02. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason - To comply with the provisions of Section 91 (1) of the Town and Country Planning Act 1990 (as amended)./ To comply with Section 51 of the Planning and Compulsory Purchase Act 2004

03. Prior to the first occupation of the building that the change of use hereby permitted relates, the landscape scheme as shown on Drawing No. 1287-PP-300 shall be implemented. Reason - In the interests of the visual amenity of the area and to accord with the terms of the application.

04. No development shall start on site until the existing vehicular access has been provided with visibility splays of 2.4m x 100.5 metres to the north west and 2.4 metres x 120 metres to the south east. The lines of sight splays shown on the approved plans shall be kept free of any obstruction exceeding 1 metre in height above the adjacent carriageway and shall be subsequently maintained thereafter. Reason - To provide satisfactory access and in the interests of highway safety.

05. Before use of the development is commenced provision for car parking, vehicle turning and cycle parking shall have been made within the site in accordance with the approved plans and shall be retained thereafter. Reason - To ensure adequate on-site car parking provision for the approved development.

06. The premises shall not be used outside the hours of; 0700 to 1900 Monday to Friday, 0800 to 1300 Saturday No working on Sunday, Public or Bank holidays. Reason - To ensure that the amenities of the (area/adjacent property) are not detrimentally affected by the use of the site outside reasonable working times.

07. Details of any external lighting to be installed at the site shall be submitted to, and approved in writing by the Local Planning Authority prior to the first occupation of the building. The lighting shall be installed, maintained and operated in accordance with the approved details unless the Local Planning Authority gives its written consent to a variation. Reason - To protect the amenity of nearby residential occupiers Note: When submitting details for approval, it is requested that a report from a competent Lighting Professional is provided, confirming that the external lighting installation meets the Obtrusive Light Limitations for Exterior Lighting Installations for Environmental Zone E1 (National Parks) as set out in the "Guidance Notes for the Reduction of Obtrusive Light GN01:2011" issued by the Institute of Lighting Professionals

08. Prior to the first occupation of the development hereby approved details of all foul water drainage shall be submitted to and approved in writing by the Planning Authority. The development works shall be carried out in accordance with the approved details before any part of the development is occupied and shall be retained thereafter. Reason - To ensure adequate provision for drainage.

09. Prior to the first occupation of the development hereby approved details of all surface water drainage shall be submitted to and approved in writing by the Planning Authority. Such details should include provision for all surface water drainage from parking areas and areas of hardstanding and a scheme to prevent surface water running onto the adjacent highway. The development works shall be carried out in accordance with the approved details before any part of the development is occupied and shall be retained thereafter. Reason - To ensure adequate provision for drainage.

10. All development shall be stopped immediately in the event that contamination not previously identified is found to be present on the development site and details of the contamination shall be reported immediately in writing to the Planning Authority. Development shall not re-start on site until the following details have been submitted to and approved in writing by the Planning Authority:- (a) a scheme outlining a site investigation and risk assessments designed to assess the nature and extent of any contamination on the site. (b) a written report of the findings which includes, a description of the extent, scale and nature of contamination, an assessment of all potential risks to known receptors, an update of the conceptual site model (devised in the desktop study), identification of all pollutant linkages and unless otherwise agreed in writing by the Planning Authority and identified as unnecessary in the written report, an appraisal of remediation options and proposal of the preferred option(s) identified as appropriate for the type of contamination found on site and (unless otherwise first agreed in writing by the Planning Authority) (c) a detailed remediation scheme designed to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme should include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and a verification plan outlining details of the data to be collected in order to demonstrate the completion of the remediation works and any arrangements for the continued monitoring of identified pollutant linkages;

and before any part of the development is occupied or used (unless otherwise first agreed in writing by the Planning Authority) a verification report demonstrating the effectiveness of the remediation works carried out and a completion certificate confirming that the approved remediation scheme has been implemented in full shall both have been submitted to and approved in writing by the Planning Authority.

The above site works, details and certification submitted shall be in accordance with the approved scheme and undertaken by a competent person in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 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 P7 of the East Hampshire District Local Plan: Second Review.

11. No materials or goods associated with the B1 Light Industrial Use hereby approved shall be stored outside of the building. Reason - In the interests of the visual amenity of the area

Case Officer Details Name: Richard Whittington Tel No: 01730 234260 Email: [email protected] SDNP Part 1 item 1 Oak Tree Farm, Blacknest Road, Binsted

Proposed site layout SDNP Part 1 item 1 Oak Tree Farm, Blacknest Road, Binsted

Proposed east elevation

Proposed north and south elevation

Proposed west elevation

Agenda Item 2 Report to Planning Committee Date of Committee 16 June 2016 By Director of Planning Local Authority East Hampshire District Council Ward Liss Ward Application No: SDNP/16/00270/FUL Validation Date 1 February 2016 Target Date: 28 March 2016 Applicant: Mr Mike Burley Proposal: Single storey detached dwelling Site Address 112 Station Road, Liss, GU33 7AQ Purpose of Report The application is reported to Committee for a decision

Recommendation: That the application be Approved for the reasons and subject to the conditions set out in paragraph 10.1 of this report.

Executive Summary

This application has been included on the agenda as the applicant's spouse is a member of staff at East Hampshire District Council. Therefore, under the Council's constitution, the application needs to be referred to the Planning Committee for determination.

The application was previously agreed by members' at the Planning Committee on 10/03/2016. However, no legal agreement has been signed within this agreed timeframe and, since this time, government advice has changed in terms of what financial contributions should be sought for small scale residential development. The National Planning Policy Guidance has been updated to advice the following:

"in designated rural areas, local planning authorities may choose to apply a lower threshold of 5-units or less. No affordable housing or tariff-style contributions should then be sought from these developments. In addition, in a rural area where the lower 5-unit or less threshold is applied, affordable housing and tariff style contributions should be sought from developments of between 6 and 10-units in the form of cash payments which are commuted until after completion of units within the development."

This application seeks planning permission for the erection of a single residential dwelling within a designated rural area (South Downs National Park). Therefore, in light of this advice, no affordable or any other financial contributions are now being sought by way of a legal obligation (Section 106 agreement). The application is being brought before the Planning Committee for members' consideration of this revision to the proposal.

It is recommended that Head Planning be authorised to grant planning permission, subject to the conditions as previously outlined. Previous report to Planning Committee 10/3/2016

Executive Summary

This application has been included on the agenda as the applicant’s spouse is a member of staff at East Hampshire District Council. Therefore, under the Council’s constitution, the application needs to be referred to the Planning Committee for determination.

The Monitoring Officer confirms that this proposal has been dealt with in accordance with the Council’s procedures for handling planning proposals submitted by or on behalf of Council Members and Staff.

1. Site Description

The application site is to the rear of 112 Station Road and comprises a detached single-storey coach house to the rear garden. Access is from St. Mary's Road, which runs to the north-west of the site. Another access road runs to the north-east of the site, separating the application site and 2 St Mary's Road, and servicing the rear of the houses fronting Station Road.

Permission has previously been granted for erection of a detached two bed bungalow, with basement on the plot, following the demolition of the coach house. This application proposes a detached 2-bed bungalow, with no first floor habitable accommodation. The former coach house has been demolished.

2. Relevant Planning History

29764/006 – Detached dwelling after demolition of existing bungalow (as amended by plans received on 02/03/2009. Planning permission approved – 06 March 2009.

29764/007 – Replacement dwelling following demolition of existing coach house to rear of 112 Station Road, with associated access, parking and landscaping (as amended by revised plan received on 12 January 2012). Planning permission approved – 17 February 2012. (Officer note: it is evident from a site inspection that the former coach house is no longer present on the site and has been demolished. The applicant has confirmed that the coach house was demolished in November 2014).

3. Proposal

The proposed development is for a single storey two bed detached dwelling, with two off street parking spaces making use of the existing vehicular crossover. The land proposed for the development is part of the former garden serving 112 Station Road, with a proposed plot area of 0.025 hectares.

4. Consultations

HCC Highways - Strategic Applications -No objection, subject to conditions.

Hampshire County Council - County Ecologist - No objection, the coach house has been demolished and therefore there is no need for additional ecological information. Parish Council - No response received.

5. Representations

No representations from third parties have been received for this application.

6. Policy Context

6.1 Applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The statutory development plan in this area is the East Hampshire District Local Plan: Joint Core Strategy. The relevant policies to this application are set out in section 7, below.

National Planning Policy Framework (NPPF) and Circular 2010

Government policy relating to National Parks is set out in English National Parks and the Broads: UK Government Vision and Circular 2010 and The National Planning Policy Framework (NPPF) which was issued and came into effect on 27 March 2012. The Circular and NPPF confirm that National Parks have the highest status of protection and the NPPF states at paragraph 115 that great weight should be given to conserving landscape and scenic beauty in the National Parks and that the conservation of wildlife and cultural heritage are important considerations and should also be given great weight in National Parks.

6.2 National Park Purposes

The two statutory purposes of the SDNP designation are:

 To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas;  To promote opportunities for the public understanding and enjoyment of the special qualities of their areas. If there is a conflict between these two purposes, conservation takes precedence. There is also a duty to foster the economic and social well being of the local community in pursuit of these purposes.

6.3 Relationship of the Development Plan to the NPPF and Circular 2010

6. 4 The South Downs Partnership Management Plan The South Downs Partnership Management Plan (SDPMP) was adopted on 3 December 2013. It sets out a Vision and long term Outcomes for the National Park, as well as 5 year Policies and a continually updated Delivery Framework. The SDPMP is a material consideration in planning applications and has some weight pending adoption of the SDNP Local Plan. The following Policies and Outcomes are of particular relevance to this case:

General Policy 1 Conserve and enhance the natural beauty and special qualities of the landscape and its setting, in ways that allow it to continue to evolve and become more resilient to the impacts of climate change and other pressures. General Policy 9 The significance7 of the historic environment is protected from harm, new discoveries are sought and opportunities to reveal its significance are exploited.

General Policy 50 Housing and other development in the National Park should be closely matched to the social and economic needs of local people and should be of high design and energy efficiency standards, to support balanced communities so people can live and work in the area.

The South Downs Local Plan: Preferred Options was approved for consultation by the National Park Authority on 16th July 2015 to go out for public consultation under Regulation 18 of the Town and Country Planning (Local Planning) () Regulations 2012. The consultation period ran from 2nd September to 28th October 2015. The next stage in the plan preparation will be the publication and then submission of the Local Plan for independent examination, with the a estimated adoption in 2017. Until this time, the Preferred Options Local Plan is a material consideration in the assessment of this planning application in accordance with paragraph 216 of the National Planning Policy Framework, which confirms that weight can be given to policies in emerging plans following publication. Based on the early stage of preparation the policies within the Preferred Options Local Plan are currently afforded limited weight.

7. Planning Policy

The following policies of the East Hampshire District Local Plan: Joint Core Strategy are relevant to this application:

 CP1 Presumption in favour of sustainable development  CP2 Spatial Strategy  CP10 Spatial strategy for housing  CP11 Housing tenure, type and mix  CP13 Afford housing on residential development sites  CP20 Landscape  CP21 Biodiversity  CP22 Internationally designated sites  CP24 Sustainable construction  CP27 Pollution  CP29 Design  CP31 Transport  CP32 Infrastructure

The following policy of the East Hampshire District Local Plan: Second Review (2006) is relevant to this application:

 H3 (EH) Residential Development within Settlement Policy Boundaries 8. Planning Assessment

Determining Issues

1. Principle of the development 2. Impact on neighbouring amenity 3. Siting, design and impact on the character of the area 4. Highway safety and parking 5. Impact on the South Downs National Park 6. Trees 7. Impact on protected species 8. Developers' contributions 9. Sustainable construction

Planning Considerations

1. Principle of the development

The principle of residential development has previously been established on the site, with the approval of two recent applications for a single dwelling on the plot (references: 29764/006 and 29764/007).

This application differs from the most recent permission, in that the basement is no longer proposed and the building's footprint has been increased. To compensate for the loss of the basement floor area, the bungalow has an increased depth by two metres to the rear and the gable projection to the front elevation has been increased by 1.5 metres.

The dwelling also details a small increase in height of 0.2 metres, above that of the most recent permission (29764/007), with the overall height remaining under five metres (4.7m). Despite these latest changes, the overall appearance and design of the dwelling are largely consistent with the most recent permission. The number of bedrooms remains at two, with the dwelling fronting and having access from St Mary's Road and provides two off street parking spaces.

Policy CP1 of the Joint Core Strategy (JCS) applies to development within the Settlement Policy Boundary (SPB) where there is a presumption in favour of development. Policy CP2 identifies a sustainable hierarchy of SPB and this requires new development to make the best use of previously developed land within existing built up areas. Saved Policy H3 of the East Hampshire District Plan: 2nd review sets out a policy for residential development with Settlement Policy Boundaries. In this case, the development would be considered as residential infill.

The application site falls within one of the identified SPB (Liss), and given that the proposal is for a new residential dwelling, the principle of the development is acceptable, subject to all other relevant planning considerations and policies which will be discussed below. 2. Impact on neighbouring amenity

The application site is surrounded by residential properties, with a detached two storey property to the north-east (2 St Mary's Road), the application property and attached neighbouring building to the south (110 and 112 Station Road), 1 St Mary's Road opposite the site and further properties in the immediate surroundings.

The dwelling is single storey and whilst detailing roof lights, these are proposed to serve the ground floor accommodation (bathroom, shower room and hall). The dwelling is set off and away from 2 St Mary's Road by at least four metres and by 16 and nine metres to 110 and 112 Station, respectively.

In addition, the proposal details no first floor windows or windows in either side elevation facing either 2 St Mary’s Road or 112 Station Road and the increases in the building's depth and overall height are modest. Because of the modest increases in built form, combined with the separation distance to the neighbouring properties, which are consistent nature with the most recent permission and meet best practice guidance; this revised proposal is not considered to result in an unacceptable loss of privacy, access to sunlight and daylight and overbearing / unneighbourly harm to those present and future occupants of the neighbouring and surrounding buildings.

In addition, the dwelling would have an appropriate outdoor amenity size comparable to the modest nature of the building and whilst the bungalow is positioned adjacent to an existing access road, this is a single lane access road serving a small group of properties fronting Station Road. As such, the vehicle movements along this lane would be limited and are not considered to result in unacceptable levels of noise and disturbance to the occupants of the dwelling.

3. Siting, design and impact on the character of the area

The application site is located within the settlement of Liss, with the immediate surroundings characterised by a mixture of residential development that vary in size, nature, age and design.

The proposed building details a gable end roof, set back approximately six metres from the road with a gable feature and roof lights to the front elevation, a staggered front elevation and two off street parking spaces. The building extends to an overall height of just under five metres and the siting is shown to be well spaced between the two neighbouring properties (112 Station Road and 2 St Mary's Road).

The dwelling would have a footprint and overall massing greater than the former coach house but largely consistent in design, built form, positioning and appearance to that of the extant permission (29764/007). The notable changes are the increase in building depth, to both the front and rear boundaries. However, at approximately four metres, these increases are not substantial and the enlarged front gable addition would respect the pattern and nature of the existing development in the immediate surroundings. With the largely consistent design, appearance and proportions of the extant permission, this revised proposal, with suitable external materials, would have an acceptable visual impact on the character and appearance of the locality. As such, the proposal is considered to be in accordance with Policy CP29 of the JCS.

4. Highway safety and parking

The dwelling would utilise and enlarge the existing vehicular access point, from St Mary's Road. This enlarge access would serve both the proposed dwelling and existing property (112 Station Road). Four off-street parking spaces are proposed; two off-street parking spaces for the proposed and existing dwellings, which are design with a back-to-back layout. This off-street parking accommodation accords with the Council’s adopted parking standards, of two spaces for dwellings of 2/3 bedrooms. Therefore, the development would provide sufficient off street parking for both the exiting and proposed dwelling. Also, refuse collection points are indicated within the existing curtilage of each of the dwellings.

In terms of highway safety and access, the access shows sight lines of 33 metres in both directions that are taken from 2.4 metres from the edge of the highway and no obstructions to visibility above 0.6 metres. It is noted that the proposal and off- street parking area does not provide sufficient space to allow vehicles to enter, turn and leave the site in a forward gear. However, the access and egress is onto St Mary's Road, an unclassified road, with limited vehicle movements. As such, the access and parking arrangements are considered acceptable, in this instance, and not have an adverse impact on highway safety. No objections have been raised by the County Highway Authority and therefore, for the above reasons, the proposal is considered to be in accordance with Policy CP31 of the JCS.

5. Impact on the South Downs National Park

The application site lies within the Settlement Policy Boundary for Liss and within an existing and established residential context. The proposal is for a single detached dwelling and one of modest proportions. Given the proposals modest size, location within a settlement boundary and the context of the surrounding development, the proposed dwelling is not considered to have an adverse impact on the landscape character of the South Downs National Park and would not conflict with the aims of Policy CP20 of the Joint Core Strategy.

6. Trees

No protected trees exist on the site and the site lies outside a conservation area. The proposal details the removal of an existing Silver Birch tree and part removal of the front boundary hedge (Conifer), to provide the enlarge site access, parking and visibility splays.

The tree is visible from the street scene and provides some limited contribution to the character of the area. However, its contribution to public amenity is limited and not considered worthy of retention. This is the view as echoed in the previous application and by the Arboricultural Officer, where it was considered the trees to be felled were not worthy of retention. As such, no objections are raised to its removal, nor the removal of a section of the existing boundary hedge. 7. Impact on protected species

The County Ecologist has been consulted on the proposal and initially raised concerns with the removal of the coach house and a lack of ecological information to demonstrate that its removal would not have an adverse impact on any bat species. However, the coach house has been demolished and is no longer present on the site. On this basis, additional comments have been received from the County Ecologist advising that no further ecological information is required and no objection has been raised to the proposal on ecology grounds. The proposal is, therefore, in accordance with Policy CP21 of the JCS.

8. Developers' contributions

The proposal would lead to the net gain of one new dwelling and no developers' contributions, at this time, have been paid. Under the adopted ‘Guide to Developer Contributions’ financial contributions are due towards the provision of off-site affordable housing, public open space and community facilities. The contributions required for the proposed two bed dwelling are as follows: o Affordable housing - £27,360 o Community facilities - £1,140 o Public open space - £1,134

The following schemes have been identified for community facilities and public open space in Liss. The Council’s S.106 Monitoring Officer has advised that no more that five contributions have been sought towards these projects, in accordance with the CIL Regulations.

It is noted that the applicant has paid £2,650.00, towards infrastructure, open space and environmental improvements contributions from the previous permissions. This amount will either be taken from the contributions now sought or, alternatively, the sum of money already received shall be refunded in full, with the contributions, as set out above, to be paid upon commencement of development through the means of a Section 106 agreement. The method of taking this money shall be resolved in drawing up the legal agreement.

9. Sustainable Construction

Policy CP24 requires sustainable practice regarding construction and water consumption and requires details to be provided in accordance with Code for Sustainable Home Level 4. However, following the March 2015 announcement by the Government regarding updates to its policy on housing standards and zero carbon homes, withdrawing the Code for Sustainable Homes. Therefore, the Council's ability to implement Policy CP24 of the adopted Local Plan is affected. While policy CP24 remains part of the Development Plan and the Council still aspires to achieve its standards for residential development, it is now required for the development to achieve energy savings of 10% above current Building Regulation requirements. Therefore a condition is recommended requiring details to be submitted prior to commencement of works. 9. Conclusion

The site is located within the Settlement Policy Boundary for Liss and the development is considered to be acceptable in principle. In addition, it would not detract from the character and appearance of the area, would not have an unacceptable impact on the amenities of neighbouring properties and would not have an adverse effect on the safety and function of the highway network. As such, the proposal is in full compliance with the relevant policies of the East Hampshire District Local Plan: Joint Core Strategy and the saved policies of the East Hampshire District Local Plan: Second Review. The proposal accords with National Park purposes.

10. Recommendation

That the Solicitor to the Council be authorised to draw up a Section 106 Agreement and provided that within 2 months of the date of this resolution all parties enter into the Section 106 Agreement with the District Council to secure a financial contribution towards affordable housing, community facilities and open space, in accordance with Policies CP13, CP16 and CP18 of the Joint Core Strategy then the Head of Planning be authorised to grant PERMISSION, subject to the following conditions:

If the agreement is not completed within this timescale then the application shall be referred back to Committee for determination, unless the Head of Planning, in consultation with the Portfolio Holder for Planning, authorises further time extension(s) for the completion of the legal agreement.

01. The development hereby permitted shall be carried out in accordance with the following plans:

Plan Type Reference Version Date on Plan Status Application Form 21.01.2016 Approved - Application form Application 21.01.2016 Approved Documents - Design and access statement OS Extract - 01.02.2016 Approved Location plan OS Extract - 01.02.2016 Approved Block plan Plans - Floor JB2926/P1 21.01.2016 Approved plans, elevations and roof plans Plans - Site JB2926/P2 21.01.2016 Approved plan, street elevation and landscape plan Reason - For the avoidance of doubt and in the interests of proper planning.

02. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason - To comply with the provisions of Section 91 (1) of the Town and Country Planning Act 1990 (as amended)./ To comply with Section 51 of the Planning and Compulsory Purchase Act 2004

03. Notwithstanding the details as shown on the approved plans, no development shall commence until samples and/or details, including manufacturers details of all the materials to be used for external facing and roofing for the development hereby approved have been submitted to, and approved in writing by, the Local Planning Authority. The development works shall be carried out in accordance with the approved details.

Reason - To ensure that the materials used in the construction of the approved development harmonise with the surroundings. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development, which goes to the heart of the planning permission.

04. The building operations in connection with the dwelling, hereby approved, shall not commence until the site access, including the footway and/or verge crossing, has been constructed and lines of sight of 2.4 metres by 33 metres provided, in accordance with the approved plans (JB2926/P2). The lines of sight splays shown on the approved plans shall be kept free of any obstruction exceeding 1 metre in height above the adjacent carriageway and shall be subsequently maintained so thereafter.

Reason -To provide satisfactory access and in the interests of highway safety.

05. Prior to the occupation of the dwelling, hereby approved, provision for parking shall have been made within the site in accordance with the approved plans (JB2926/P2) and shall be retained thereafter. The parking spaces shown on the approved plans shall only be used for parking purposes and not for the storage of boats, caravans, and trailers. Reason - To ensure adequate on-site car parking provision for the approved development.

06. No development shall commence on site until a scheme has been submitted to, and agreed in writing by, the Local Planning Authority to demonstrate that the built development hereby permitted incorporates measures that provide energy savings of no less than 10% above Building Regulations in force at the time the development is to be constructed.

Before any part of the development is first occupied a verification report and completion certificate shall be submitted in writing to the Local Planning Authority confirming that the built development hereby permitted has been constructed in accordance with the approved scheme. The developer shall nominate a competent person for the purpose of assessing and providing the above required report and certificate to confirm that the completed works incorporate such measures as to provide the required energy savings. The energy saving works set out in the above report shall thereafter be maintained so that the required energy saving is sustained at the certified level for the lifetime of the development.

Reason - To ensure that the development incorporates necessary mitigation and adaptation measures with regard to climate change. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

Case Officer Details Name: Matthew Harding Tel No: Email: [email protected] Part 2 Section 1 Item 2 112 Station Road, Liss

Proposed block plan

Agenda Item 3 Report to Planning Committee Date of Committee 16 June 2016 By Director of Planning Local Authority East Hampshire District Council Ward Liss Ward Application No: SDNP/16/01840/CND Validation Date 26 April 2016 Target Date: 21 June 2016 Applicant: Mr Mike Burley Proposal: Variation of condition 12 of SDNP29764/007/FUL to allow the substitution of plans as a result of the applicants accommodation requirements Site Address 112 Station Road, Liss, GU33 7AQ Purpose of Report The application is reported to Committee for a decision

Recommendation: That the application be for the reasons set out in paragraph 10.1 of this report.

Executive Summary

This application is included on the agenda as the applicant's spouse is a member of staff.

1. Site Description

The application site is to the rear of 112 Station Road and comprises a detached single-storey coach house to the rear garden. Access is from St. Mary's Road, which runs to the north-west of the site. Another access road runs to the north-east of the site, separating the application site and 2 St Mary's Road, and servicing the rear of the houses fronting Station Road.

Permission has previously been granted for erection of a detached two bed bungalow, with basement on the plot, following the demolition of the coach house. This application proposes a detached 2-bed bungalow, with no first floor habitable accommodation. The former coach house has been demolished.

2. Relevant Planning History

SDNP/16/00270/FUL - Single storey detached dwelling. Under consideration, June 2016. 29764/006 - Detached dwelling after demolition of existing bungalow (as amended by plans received on 02/03/2009. Planning permission approved - 06 March 2009.

29764/007 - Replacement dwelling following demolition of existing coach house to rear of 112 Station Road, with associated access, parking and landscaping (as amended by revised plan received on 12 January 2012). Planning permission approved - 17 February 2012.

(Officer note: it is evident from a site inspection that the former coach house is no longer present on the site and has been demolished. The applicant has confirmed that the coach house was demolished in November 2014 and, as such, this permission is extant and can be implemented at any time - in accordance with the approved plans).

3. Proposal

Variation of condition 12 (drawing numbers) of planning approval reference 29764/007.

4. Consultations

HCC Highways - Strategic Applications - No objection, subject to condition.

Parish Council - No comments

5. Representations

1 representations received.

None received.

6. Policy Context

6.1 Applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The statutory development plan in this area is the East Hampshire District Local Plan: 2nd Revision 2006. The relevant policies to this application are set out in section 7, below.

6.2 National Park Purposes

The two statutory purposes of the SDNP designation are:

 To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas;  To promote opportunities for the public understanding and enjoyment of the special qualities of their areas. If there is a conflict between these two purposes, conservation takes precedence. There is also a duty to foster the economic and social well being of the local community in pursuit of these purposes.

6.3 Relationship of the Development Plan to the NPPF and Circular 2010

Government policy relating to National Parks is set out in English National Parks and the Broads: UK Government Vision and Circular 2010 and The National Planning Policy Framework (NPPF) which was issued and came into effect on 27 March 2012. The Circular and NPPF confirm that National Parks have the highest status of protection and the NPPF states at paragraph 115 that great weight should be given to conserving landscape and scenic beauty in the National Parks and that the conservation of wildlife and cultural heritage are important considerations and should also be given great weight in National Parks.

6. 4 The South Downs Partnership Management Plan The South Downs Partnership Management Plan (SDPMP) was adopted on 3 December 2013. It sets out a Vision and long term Outcomes for the National Park, as well as 5 year Policies and a continually updated Delivery Framework. The SDPMP is a material consideration in planning applications and has some weight pending adoption of the SDNP Local Plan. The following Policies and Outcomes are of particular relevance to this case:

General Policy 1 Conserve and enhance the natural beauty and special qualities of the landscape and its setting, in ways that allow it to continue to evolve and become more resilient to the impacts of climate change and other pressures.

General Policy 9 The significance7 of the historic environment is protected from harm, new discoveries are sought and opportunities to reveal its significance are exploited.

General Policy 50 Housing and other development in the National Park should be closely matched to the social and economic needs of local people and should be of high design and energy efficiency standards, to support balanced communities so people can live and work in the area.

7. Planning Policy

The following policies of the East Hampshire District Local Plan: 2nd Revision 2006 are relevant to this application:

 H3 (EH)Residential Development Within Settlement Boundary  CP1 Presume in favour sustainable development  CP2 Spatial Strategy  CP10 Spatial strategy for housing  CP20 Landscape  CP27 Pollution  CP29 Design  CP31 Transport  NPPF00 Achieving sustainable development  NPPF07 Requiring good design  NPPF11 Conserving and enhancing the natural environment

8. Planning Assessment

Planning Assessment

Principle of development

The principle of residential development has been established on the site with the approval of two recent applications for a single dwelling on the plot (29764/006 and 29764/007), the latter of which is extant. This variation of condition application, seeks to amend the approved drawing numbers approved under the extant permission (29764/007). The proposed changes are as follows:

o basement removed; o increase in building's footprint (2m rear and 1.5m front); and o increase in ridge height (0.2m).

The overall appearance and design of the proposed dwelling is largely consistent with the extant permission (29764/007). The number of bedrooms remains at two, with the proposed dwelling fronting and having access from St Mary's Road and proposing two off street parking spaces.

The principle of the development has been established and the previous permission is extant. This application shall therefore consider those revisions only, under those applicable development plan policies, adopted guidance and material considerations.

2. Impact on neighbouring amenity

The application site is surrounded by essentially residential properties, with a detached two storey property to the north-east (2 St Mary's Road), the application property and attached neighbouring building to the south (110 and 112 Station Road), 1 St Mary's Road opposite the side and further properties in the immediate surroundings.

The proposed changes sought to the extant permission, for a detached single storey dwelling, whilst increasing the overall footprint and showing an increase in ridge height, would remain set off and away from 2 St Mary's Road, 110 and 112 Station Road and details no first floor windows facing these properties. The increase in built for is modest and therefore the revisions sought, combined with the separation distance to the neighbouring properties and consistent nature with the extant permission, are not considered to result in an unacceptable loss of privacy, access to sunlight and daylight and overbearing / un-neighbourly harm to those present and future occupants of the neighbouring and surrounding buildings. As such, the proposed revised plans and amended proposal is considered to comply with Policy CP27 of the Local Plan: Joint Core Strategy, together with the advice outlined in the NPPF.

3. Impact on the character of the area

The application site resides within the settlement area of Liss, with the immediate surroundings characterised by a mixture of residential development that vary in size, nature, age and design.

The revised plans, albeit with changes to the building's footprint and a small increase in height, are not considered to materially depart from the design, scale and siting of the extant permission. As such, the revised proposal is not considered to introduce and imposing building on the plot nor is it considered to detract from the wider residential character of development in the area. The proposal is therefore considered to accord with Policy CP29 of the Local Plan: Joint Core Strategy and the advice contained within the NPPF.

4. Impact on the wider South Downs National Park

The application site lies within the Liss Settlement Policy Boundary and within an existing and established residential context. The revisions proposed do not materially depart from the extant permission and given the proposals modest size, location within a settlement boundary and the context of the surrounding development. Therefore, the resultant dwelling and amended proposal is not considered to have an adverse impact on the landscape character of the South Downs National Park and conflict with the aims of Policy CP20 of the Joint Core Strategy.

9. Conclusion

This application to vary the approved drawing numbers of the extant permission (29764/007) are considered to be acceptable, as they would not result in a dwelling that would detract from the character and appearance of the area, would not have an unacceptable impact on the amenities of neighbouring properties and would not have an adverse effect on the safety and function of the highway network. As such, the proposal is in compliance with the relevant policies of the East Hampshire District Council: Joint Core Strategy and the saved policies of the East Hampshire District Council Local Plan: Second Review.

10. Recommendation

It is recommended that the application be Approved subject to the conditions set out below 1. The development hereby permitted shall be carried out in accordance with the following plans:

Plan Type Reference Version Date on Plan Status Application Form - 14.04.2016 Approved Application form OS Extract - Block plan 14.04.2016 Approved Plans - Proposed floor JB2926/P1 14.04.2016 Approved plans and elevations Plans - Site plan, roof JB2926/P2 14.04.2016 Approved plan and street scene elevations Reasons - For the avoidance of doubt and in the interests of proper planning.

02. The external appearance of the building, hereby permitted, shall be finished in accordance with the following agreed materials:

Brick - recycled brick from the original building: and Tile - Redland light mixed Brindle (Rosemary),

unless otherwise agreed in writing by the Local Planning Authority.

Reason - To ensure that the materials used in the construction of the approved development harmonise with the surroundings. 03. The building operations in connection with the dwelling, hereby approved, shall not commence until the site access, including the footway and/or verge crossing, has been constructed and lines of sight of 2.4 metres by 33 metres provided, in accordance with the approved plans (JB2926/P2). The lines of sight splays shown on the approved plans shall be kept free of any obstruction exceeding 1 metre in height above the adjacent carriageway and shall be subsequently maintained so thereafter.

Reason - To provide satisfactory access and in the interests of highway safety.

04. Prior to the occupation of the dwelling, hereby approved, provision for parking shall have been made within the site in accordance with the approved plan (JB2926/P2) and shall be retained thereafter. The parking spaces shown on the approved plans shall only be used for parking purposes and not for the storage of boats, caravans, and trailers.

Reason - To ensure adequate on-site car parking provision for the approved development.

Case Officer Details Name: Matthew Harding Tel No: 01730 234233 Email: [email protected] Part 2 section 1 item 3, 112 Station Road, Liss

Proposed site plan

Agenda Item 04 Report to Planning Committee Date of Committee 16 June 2016 By Director of Planning Local Authority East Hampshire District Council Ward Selborne Ward Application No: SDNP/15/04977/FUL Validation Date 4 November 2015 Target Date: 30 December 2015 Applicant: Mr Jon & Jane Butcher Proposal: Dwelling following demolition of existing agricultural barns and sheds Site Address The Workshop, Gracious Street, Selborne, GU34 3JB Purpose of Report The application is reported to Committee for a decision

Recommendation: Resolution be amended to allow permission to be granted without a S106 agreement in relation to the payment of developers’ contributions towards infrastructure and affordable housing

Executive Summary

Purpose of Report

To update the Committee on the position relating to this application and to seek an amended resolution. On 28 January 2016, Committee resolved to permit this application subject to the completion of a S106 agreement in respect of contributions towards affordable housing, public open space and community facilities.

The current position:

The DCLG has now reinstated the Planning Policy Guidance text confirming that affordable housing and tariff-style contributions should not be sought from sites containing less than six dwellings in the National Park.

Recommendation

That the resolution of 28th January 2016 be amended and that permission be granted for the development as proposed without the completion of a S106 agreement, but subject to the conditions set out in the minutes. Minutes of the planning committee dated 28 January 2016

That the Solicitor to the Council be authorised to draw up a Section 106 Agreement and provided that within 2 months of the date of this resolution all parties enter into the Section 106 Agreement with the District Council to secure developer contributions towards affordable housing, community facilities and public open space in accordance with Policies CP13, CP16 and CP18 of the Joint Core Strategy then the Executive Head Planning and Development be authorised to grant Approval subject to the conditions set out below:-

If the agreement is not completed within this timescale, then the application shall be referred back to Committee for determination, unless the Executive Head, in consultation with the Portfolio Holder for Planning, authorises further time extension(s) for the completion of the legal agreement.

1. The application as been assessed and determined on the basis of the following plans:

Plan Type Reference Version Date on Plan Status

Application Form - 01.10.2014 Approved Application Form

Application 01.10.2015 Approved Documents - Bat Survey

Application 01.10.2015 Approved Documents - Planning Heritage and Design and Access Statement

Application 01.10.2015 Approved Documents - Baseline Assessment Checklist

Application 04.11.2015 Approved Documents - Arboricultural Impact Assessment

Application 04.11.2015 Approved Documents - Biodiversity Checklist

OS Extract - Proposed 358: 11B 09.2015 04.11.2015 Approved Site and Location Plans

Plans - Tree Map 04.11.2015 Approved

Plans - Existing Plan 358:12 09.2015 01.10.2015 Approved and Sections

Plans - Existing 358:13 09.2015 01.10.2015 Approved Elevations

Plans - Proposed 358:14 B 09.2015 04.11.2015 Approved Floor Plans

Plans - Proposed 358:15 09.2015 01.10.2015 Approved Elevations

Plans - Proposed 358:16 09.2015 01.10.2015 Approved Sections

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

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

Reason: To comply with the provisions of Section 91 (1) of the Town and Country Planning Act 1990 (as amended)./ To comply with Section 51 of the Planning and Compulsory Purchase Act 2004

3. Notwithstanding any indication of materials that may have been given in the application or in the absence of such information, no development shall start on site until samples / details including manufacturers details of all the materials to be used for external facing and roofing have been submitted to and approved in writing by the Planning Authority. The development works shall be carried out in accordance with the approved details.

Reason - To ensure that the materials used in the construction of the approved development harmonise with the surroundings and to ensure that this is agreed prior to works commencing. 4. No development shall start on site until the following details have been submitted to and approved in writing by the Planning Authority:-

(a) a desk top study report, documenting all the previous and existing land uses both on and adjacent to the site and including a conceptual site model and preliminary risk assessment. The report should be completed by a competent person and produced in accordance with national guidance, as set out in Contaminated Land Research Report No.11 and BS10175:2001; and unless otherwise first agreed in writing by the Planning Authority:-

(b) a scheme outlining a site investigation and risk assessments designed to assess the nature and extent of any contamination on the site;

(c) a written report of the findings which includes, a description of the extent, scale and nature of contamination, an assessment of all potential risks to known receptors, an update of the conceptual site model (devised in the desktop study), identification of all pollutant linkages and unless otherwise agreed in writing by the Planning Authority and identified as unnecessary in the written report, an appraisal of remediation options and proposal of the preferred option(s) identified as appropriate for the type of contamination found on site; and unless otherwise first agreed in writing by the Planning Authority:-

(d) a detailed remediation scheme designed to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme should include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and a verification plan outlining details of the data to be collected in order to demonstrate the completion of the remediation works and any arrangements for the continued monitoring of identified pollutant linkages. Site works and details submitted shall be in accordance with the approved scheme and undertaken by a competent person.

The above reports and site works should be undertaken in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

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 CP27 of the East Hampshire District: Joint Core Strategy.

5. Before any part of the development is occupied or used (unless otherwise first agreed in writing by the Planning Authority) a verification report demonstrating the effectiveness of the remediation works carried out and a completion certificate confirming that the approved remediation scheme has been implemented in full shall both have been submitted to and approved in writing by the Planning Authority.

The verification report and completion certificate shall be submitted in accordance with the approved scheme and undertaken by a competent person in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

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 CP27 of the East Hampshire District: Joint Core Strategy.

6. All development shall be stopped immediately in the event that contamination not previously identified is found to be present on the development site and details of the contamination shall be reported immediately in writing to the Planning Authority.

Development shall not re-start on site until the following details have been submitted to and approved in writing by the Planning Authority:-

(a) a scheme outlining a site investigation and risk assessments designed to assess the nature and extent of any contamination on the site.

(b) a written report of the findings which includes, a description of the extent, scale and nature of contamination, an assessment of all potential risks to known receptors, an update of the conceptual site model (devised in the desktop study), identification of all pollutant linkages and unless otherwise agreed in writing by the Planning Authority and identified as unnecessary in the written report, an appraisal of remediation options and proposal of the preferred option(s) identified as appropriate for the type of contamination found on site and (unless otherwise first agreed in writing by the Planning Authority)

(c) a detailed remediation scheme designed to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme should include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and a verification plan outlining details of the data to be collected in order to demonstrate the completion of the remediation works and any arrangements for the continued monitoring of identified pollutant linkages; and before any part of the development is occupied or used (unless otherwise first agreed in writing by the Planning Authority) a verification report demonstrating the effectiveness of the remediation works carried out and a completion certificate confirming that the approved remediation scheme has been implemented in full shall both have been submitted to and approved in writing by the Planning Authority. The above site works, details and certification submitted shall be in accordance with the approved scheme and undertaken by a competent person in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

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 CP27 of the East Hampshire District: Joint Core Strategy.

7. Development shall proceed in accordance with the ecological mitigation, compensation and enhancement measures detailed within the Bat Survey Report (HES, September 2015) unless agreed in writing with the LPA, and with all mitigation and enhancement features permanently retained.

Reason - To conserve and enhance biodiversity in accordance with the Conservation Regulations 2010, Wildlife & Countryside Act 1981, the NERC Act 2006, NPPF and with Policy CP21 of the East Hampshire District Local Plan: Joint Core Strategy.

8. Before use of the development is commenced provision for parking shall have been made within the site in accordance with the approved plans and shall be retained thereafter. The parking spaces shown on the approved plans shall only be used for parking and not for the storage of boats, caravans and trailers.

Reason - To ensure adequate on-site car parking provision for the approved development.

9. The proposed hard surface/s shall either be made of porous materials or provision shall be made to direct run-off to a permeable or porous surface within the site and this shall thereafter be retained.

Reason - To ensure adequate provision for surface water drainage and avoid discharge of water onto the public highway.

10. No development shall start on site until plans of the site showing details of the existing and proposed ground levels, proposed finished floor levels, levels of any paths, drives, garages and parking areas and the proposed completed height of the development and any retaining walls have been submitted to and approved in writing by the Planning Authority. The details shall clearly identify the relationship of the proposed ground levels and proposed completed height with adjacent buildings. The development thereafter shall be carried out in accordance with the approved details.

Reason - To ensure that a satisfactory relationship results between the new development and adjacent buildings and public areas and to ensure that levels are fully taken into account prior to work commencing. 11. No development shall start on site until a fully detailed landscape and planting scheme for the site has been submitted to and approved in writing by the Planning Authority. The works shall be carried out in accordance with the approved details and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice.

These works shall be carried out in the first planting season after practical completion or first occupation of the development, whichever is earlier, unless otherwise first agreed in writing by the Planning Authority.

Any trees or plants which, within a period of 5 years after planting, are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved unless otherwise first agreed in writing by the Planning Authority.

Reason - In the interests of the visual amenities of the locality and to enable proper consideration to be given to the impact of the proposed development on existing trees and to ensure that landscaping is fully considered prior to the commencement of works.

12. No development shall start on site until details of any surface water drainage have been submitted to and approved in writing by the Planning Authority. Such details should include provision for all surface water drainage from parking areas and areas of hardstanding. The development works shall be carried out in accordance with the approved details before any part of the development is occupied and shall be retained thereafter.

Reason - To ensure adequate provision for drainage and to ensure that drainage is fully considered prior to commencement.

13. All works hereby permitted shall be carried out in strict accordance with the approved Arboricultural Method Statement prepared by Martin Dobson Associates dated 30 October 2015 and Tree Protection Plan (drawing number Appendix MD2 and MD3) received by the Planning Authority on 4 November 2015

Reason - To ensure that the trees on and around the site are adequately protected from damage to their health and /or amenity value.

14. No development shall start on site until a construction method statement has been submitted to and approved in writing by the Planning Authority, which shall include:

A programme of and phasing of demolition (if any) and construction work;

The provision of long term facilities for contractor parking;

The arrangements for deliveries associated with all construction works;

Methods and phasing of construction works; Access and egress for plant and machinery;

Provision for storage, collection, and disposal of rubbish from the development during construction period; and

Re-use of on site material and spoil arising from any site clearance or demolition work.

Demolition and construction work shall only take place in accordance with the approved method statement.

Reason - In order that the Planning Authority can properly consider the effect of the works on the amenity of the locality and to ensure that construction traffic and methodology is fully considered prior to the commencement of works.

Case Officer Details Name: Nicky Powis Tel No: 01730 234226 Email: [email protected]

Agenda Item 5 Report to Planning Committee Date of Committee 16 June 2016 By Director of Planning Local Authority East Hampshire District Council Ward Clanfield And Ward Application No: SDNP/16/02506/PA3R Validation Date 18 May 2016 Target Date: 29 June 2016 Applicant: Mr Nigel Wren Proposal: Prior notification - Change of use of part of agricultural barn to A1 retail use Site Address Manor Farm, North Lane, Clanfield, PO8 0RN Purpose of Report The application is reported to Committee for a decision

Recommendation: That the application be Prior Approval Not Required for the reasons set out in paragraph 10.1 of this report.

Executive Summary

The application is reported to Committee for a decision because the applicant is a District Councillor

1. Site Description

Manor Farm is located just outside the settlement policy boundary of Clanfield. Permission was granted to convert some older former agricultural buildings to B1 use in 2003. Those were located to the north of the farmhouse. The current application relates to a more modern barn, which is located to the south of Manor Farm, in the complex of the main farmyard.

2. Relevant Planning History

38049 - Conversion of redundant farm buildings to b1 (business use) - Permission 25/04/2003 24680/005 - Continued use of former agricultural workshop as equestrian retail store with portacabin office and storage unit, permitted in 2009 (this is the permission for the existing business on Hazelton Farm). 38049/004 - Prior notification - Change of use of agricultural barn to A1 retail use - Prior approval refused 07/07/2015 38049/005 - Prior notification - Change of use of agricultural barn to A1 retail use - prior approval required and approved 2016 38049/006 - External alterations to building - permission in 2016

3. Proposal

The application is a Prior Notification under Schedule 2, Part 3, Class R of the Town & Country Planning (General Permitted Development) Order 2015 for the use of part of one of the barns for a retail use for Hazleton Country supplies which is having to relocate from Hazelton Farm in Havant Road due to outline planning permission having been granted for residential development of the site.

This is a duplicate application to the South Downs National Park Authority as part of the site is within the National Park and part within East Hampshire District. The application made to EHDC has already been determined - prior approval was required and granted (38049/005).

4. Consultations

EHDC Drainage - No objection subject to conditions.

Hampshire County Council - County Ecologist - No objections

Environmental Health Services - Pollution - No objection

Parish Council - Clanfield Parish Council OBJECT in the interest of Highway Safety - there are serious concerns with regards to the increased traffic which would be generated from this business, particularly with regards to North Lane which is a narrow country lane and is already congested at school times with parents dropping off and collecting their children from the local junior school. The Parish Council have, for several years, been working with HCC to try to reach a solution with regards to traffic calming in this area of the village which is a recognised danger to pedestrians and motorists alike and the traffic generated by this business could exacerbate the situation. There are also concerns that this type of retail would be unsuitable and too large for a village situation and would result in a continual flow of traffic within the village.

5. Representations 6. None received at time of writing report.

7. Policy Context

6.1 Applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The statutory development plan in this area is the. The relevant policies to this application are set out in section 7, below. National Planning Policy Framework (NPPF) and Circular 2010 Government policy relating to National Parks is set out in English National Parks and the Broads: UK Government Vision and Circular 2010 and The National Planning Policy Framework (NPPF) which was issued and came into effect on 27 March 2012. The Circular and NPPF confirm that National Parks have the highest status of protection and the NPPF states at paragraph 115 that great weight should be given to conserving landscape and scenic beauty in the National Parks and that the conservation of wildlife and cultural heritage are important considerations and should also be given great weight in National Parks.

6.2 National Park Purposes

The two statutory purposes of the SDNP designation are:

 To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas;  To promote opportunities for the public understanding and enjoyment of the special qualities of their areas.

If there is a conflict between these two purposes, conservation takes precedence. There is also a duty to foster the economic and social well being of the local community in pursuit of these purposes.

6. 3 The South Downs Partnership Management Plan The South Downs Partnership Management Plan (SDPMP) was adopted on 3 December 2013. It sets out a Vision and long term Outcomes for the National Park, as well as 5 year Policies and a continually updated Delivery Framework. The SDPMP is a material consideration in planning applications and has some weight pending adoption of the SDNP Local Plan. The following Policies and Outcomes are of particular relevance to this case:

8. Planning Policy

No planning policies are listed because the proposal is permitted development subject to this assessment in terms of Schedule 2, Part 3, Class R of the Town & Country Planning (General Permitted Development) Order 2015

9. Planning Assessment

Determining Issues

This is a prior notification so can only be considered in terms of Schedule 2, Part 3, Class R of the Town & Country Planning (General Permitted Development) Order 2015 Planning Considerations

Whether the proposed works comply with Class R of the Town and Country Planning (General Permitted Development Order) 2015 - Schedule 2, Part 3 (Change of Use).

Permitted Development under Class R comprises development consisting of a change of use of a building and any land within its curtilage from use as an agricultural building to a flexible use falling within Class A1, Class A2, Class A3, Class B1, Class B8, Class C1 or Class D2 of the Schedule to the Use Classes Order.

No associated building works are permitted and were the subject of a separate application, for which planning permission has been granted by EHDC. The site associated with that application is all within East Hampshire so there was no duplicate application for the SDNP.

Development is not permitted by Class R where: a) the site was not used solely for an agricultural use, as part of an established agricultural unit - i ) on 3 July 2012; ii) in the case of a building which was in use before that date but was not in use on that date, when it was last in use, or iii) in the case of a building which was brought into use after 3 July 2012, for a period of at least 10 years before the date development under Class R begins. b) the cumulative floorspace of buildings which has changed use under Class R within an established agricultural unit exceeds 500 square metres c) the site is or forms part of a military explosives storage area d) the site is or forms part of a safety hazard area the building is a listed building or a scheduled monument

This is a barn located on a former dairy farm. Arable farming being is still being carried out but the dairy farming has ceased (in 2012) making this building redundant for the keeping of livestock. It has been used for agricultural storage since then.

The floorspace does not exceed 500 square metres (only part of the barn is proposed to be converted) and the site is not an explosives storage area, a safety hazard area or a listed building. This issue has been queried by an objector, but the LPA is satisfied that the area shown to be used for the A1 use would not exceed 500 square metres. If a larger floor area were to be used, then the proposal would not be permitted development.

R.3 provides that : Where the cumulative floor space of the building or buildings which have changed use under Class R exceeds 150 square metres, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to : i) transport and highway impacts of the development ii) noise impact of the development iii) contamination risks on the site, and iv) flooding risk on the site. This must be considered in accordance with paragraph W (prior approval).

Part W states that the LPA may refuse an application where, in the opinion of the authority the proposed development a) does not comply with, or b) the developer has provided insufficient information to enable the authority to establish whether the development complies with, any conditions, limitations or restrictions specified in this Part as being applicable to the development in question.

The use would be A1 (shop), but would be a specialist country supplies store rather than a general retail use. It would be possible to impose a condition restricting the use if considered appropriate, with reference to the above considerations.

With respect to transport and highway impacts of the development, it is proposed that customers would access the site from North Lane, with deliveries being made from the Chalton Lane entrance. Parking is proposed in front of the building.

With the previous application, there were concerns about the level of parking proposed on the site and visibility at the access to Chalton Lane (for deliveries). There was also some question about the amount of additional traffic that would be using North Lane, although the access to the site itself was seen to be acceptable.

With this re-submission of the application, the parking has been increased from the original proposal to 20 spaces. Whilst this is below the requirement for a general retail use, the use proposed is a specialist type and parking survey information has been submitted. The Highway Authority is satisfied that the amount of parking proposed would be acceptable for this use. With the wall lowered and debris behind it cleared, the Highway Authority is satisfied with the visibility that would be available at the Chalton Lane access for delivery vehicles.

In terms of traffic generation, the proposed change of use would generate additional trips to and from the site. The data shows that approximately 15 customers would visit the site during a weekday peak hour and 20 customers during the weekend peak. The figures for the associated vehicle movements make no discount for traffic that was generated by the previous agricultural use. The Highway Authority takes the view that the additional traffic generated would not result in a significant impact to the safety or operation of the local highway network.

With regard to noise, the Environmental Health Officer (pollution) has not raised any objection to the application. It would be possible to restrict hours of use of the business by conditions, and this is recommended.

Contaminated land issues would not preclude this type of use on the site.

The Drainage Consultant has confirmed that he has no objection to the proposal subject to conditions and is satisfield that adequate drainage can be provided. Response to Parish/Town Council Comments

Clanfield Parish Council's objection is centred on highways issues, particularly the increase in traffic using North Lane. However, the Highway Authority has fully considered the proposal (that submitted to EHDC) and has no objections in terms of highways safety from the additional traffic that would be generated.

10. Conclusion

It is concluded that the proposal meets the requirements for permitted development for the change of use under Schedule 2, Part 3, Class R of the Town & Country Planning (General Permitted Development) Order 2015.

11. Recommendation

It is recommended that the application be Prior Approval Not Required subject to the conditions set out below

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

Plan Type Reference Version Date on Plan Status Application Form - 18.05.2016 Approved Application form Application Documents - 18.05.2016 Approved Supporting Statement

Application Documents - 18.05.2016 Approved Further Supporting Information - Highways OS Extract - Location 18.05.2016 Approved plan OS Extract - Block plan EH/467/NM/00 18.05.2016 Approved 2C Plans - Proposed plans EH/467/NM/00 18.05.2016 Approved 4B

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

02. The development hereby permitted shall not be brought into use until the area(s) shown on the approved plan for the parking of vehicles (including garages and those areas marked out on the plan as being unallocated) have been made available, surfaced and marked out. The parking area(s) shall then be permanently retained and reserved for that purpose at all times thereafter. Reason - To make provision for off street parking for the purpose of highway safety.

03. No development shall commence on site until details of a scheme for foul and surface water drainage has been submitted to, and approved in writing by, the Local Planning Authority. Such details should include provision for all surface water drainage from parking areas and areas of hardstanding to prevent surface water from discharging onto the highway and should be based on site investigation and percolation tests. The development shall be carried out in accordance with the approved details before any part of the development is first occupied and shall be retained thereafter. Reason - To ensure adequate provision for drainage. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission. Note: The applicant is requested to contact the Council's Drainage Consultant as soon as possible to discuss the details required for the discharge of the above condition.

04. The proposed hard surface/s shall either be made of porous materials or provision shall be made to direct run-off water from the hard surface/s to a permeable or porous surface within the site. Reason - To ensure adequate provision for surface water drainage and avoid discharge of water onto the public highway.

05. Notwithstanding the provisions of the Town and Country Planning General (Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order), the premises shall be used for purposes within Class A1 of the Town and Country Planning (Use Classes) Order (as amended), 1987 only, and for no other purpose, and the items sold from the premises shall be limited to equestrian, pet and poultry supplies, unless otherwise agreed in writing by the local planning authority. Reason - In order to maintain control over future use of the premises in the interests of the general amenity of the area and highways safety.

06. The use hereby permitted shall only be carried out within the site between 9 am and 5.30pm Mondays to Fridays (with the addition of later opening until 7pm on a Thursday); 9am and 5 pm on Saturdays and 10am to 4apm on Sundays and Public Holidays Reason - To ensure that the amenities of the area is not detrimentally affected by the use of the site outside reasonable working times.

07. Deliveries to the site shall be made via the access to and from Chalton Lane only and not from the North Lane access. Reason - In the interests of highways safety.

08. No external lighting/ floodlighting shall be installed on the site until such details have been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed, operated, and maintained in accordance with the approved details. Reason - In the interests of the amenity of the occupants of neighbouring properties. Note: When submitting details for approval, it is requested that a report from a competent Lighting Professional is provided, confirming that the external lighting installation meets the Obtrusive Light Limitations for Exterior Lighting Installations for Environmental Zone (to be specified for the circumstances) as set out in the "Guidance Notes for the Reduction of Obtrusive Light GN01:2011" issued by the Institute of Lighting Professionals.

09. The development hereby permitted shall not be brought into use until the lines of site to the east of the Chalton Lane access is improved to provide a splay of 2.4 metres by 43 metres provided in accordance with the approved plans. The lines of site splays shown on the approved plan shall be kept free of any obstruction exceeding 1 metre in height above the adjacent carriageway and shall be subsequently maintained so thereafter. Reason - To provide satisfactory access with sufficient levels of visibility in the interests of highway safety.

10. The use hereby permitted shall be for part of the building only, to a maximum floorspace not exceeding 500 square metres of Class A1 use. Reason - For the avoidance of doubt, and to comply with the requirements of the Town and Country (General Permitted Development) Order 2015.

Case Officer Details Name: Nicky Powis Tel No: 01730 234226 Email: [email protected] Part 2 Section 2 item 5, Manor Farm, Clanfield

Block Plan SDNP/16/01649/FUL Lupton House, Stoner Hill Road, Froxfield

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