Item Application No. 8/13 Week Date Proposal, Location and Applicant No. and Parish

(1) 13/02629/FUL 18th December Re-instatement of historical site access with Speen. 2013 associated amendments to public highway. Benham Valence House, Benham Valence, Speen, Newbury, Berkshire, RG20 8LU. Benham Park LLP.

To view the plans and drawings relating to this application click the following link: http://planning.westberks.gov.uk/rpp/index.asp?caseref=13/02629/FUL

Recommendation Summary: To DELEGATE to the Head of Planning and Countryside to GRANT Planning Permission subject to the schedule of conditions (section 8.2).

Ward Member(s): Cllr. P. Bryant and Cllr. M. Franks.

Reason for Committee More than 10 representations received for the associated determination: Listed Building Consent (ref: 13/02630/LBC2) objecting to the proposal.

Committee Site Visit: 24th April 2014.

Contact Officer Details Name: Jake Brown Job Title: Senior Planning Officer Tel No: (01635) 519 111 E-mail Address: [email protected]

West Berkshire Council Western Area Planning Committee 30th April 2014 1. Relevant Site History

Application 118923 Restoration and Refurbishment of 18th Century Mansion Replacement of 19th Century Extension and Garage and Stable Block with New Office and Production Accommodation. Approved 15/11/1983.

Application 118924 Prestige Offices with Ancillary Accommodation for Applicant Restoration and Refurbishment of 18th Century Mansion Replacement of 19th Century Extension and Garage and Stable Block with New Office and Production Accommodation. Approved 15/11/1983.

Application 121788 Replacement of 19th Century Extension Garages and Stable Blocks with New Production and Office Accommodation. Approved 27/06/1984.

Application 129075 Offices Research and Development and Production of Computers. Approved 02/02/1988.

Application 12/02208/COMIND Restoration and conversion of Benham Valence from B1 office accommodation to a Medical Park consisting of the demolition of late 20th century office buildings, restoration of Mansion House, provision of new ancillary bedroom suites, therapy facilities and sports rehabilitation unit with associated landscaping. Application approved 13/3/13.

Application 12/02209/LBC Restoration and conversion of Benham Valence from B1 office accommodation to a Medical Park consisting of the demolition of late 20th century office buildings, restoration of Mansion House, provision of new ancillary bedroom suites, therapy facilities and sports rehabilitation unit with associated landscaping. Application approved 13/3/13.

Application 12/02210/FULMAJ Reinstatement and restoration of Benham Valence from B1 offices to a single occupancy dwelling, complete demolition of the late 20th century office buildings and the provision of new ancillary accommodation together with associated outbuildings, staff accommodation and equestrian facilities. Application approved 13/3/13.

Application 12/02211/LBC Reinstatement and restoration of Benham Valence from B1 offices to a single occupancy dwelling, complete demolition of the late 20th century office buildings and the provision of new ancillary accommodation together with associated outbuildings, staff accommodation and equestrian facilities. Application approved 13/3/13.

Application 12/03038/FUL Change of Use of the contemporary (1980s Phase 2) office building from office use (B1) to document storage (B8). Application approved 2/4/13.

Application 13/01976/COND1 Application for approval of details reserved by Condition (3) Schedule of Works, (4) Materials, (5) Thatching Details, (7) Plaster and Render, (12) External Services, (13) Internal Services, (14) Details of Windows and Doors, (15) Details of Architectural Features and (16) Balustrading of approved application 12/02211/LBC - Reinstatement and restoration of Benham Valence from B1 offices to a single occupancy dwelling, complete demolition of the late 20th century office buildings and the provision of new ancillary accommodation together with associated outbuildings, staff accommodation and equestrian facilities. Application approved 15/1/14.

Application 13/02115/COND2 Approval of details reserved by Condition 18: Bat Survey of planning permission 12/02210/FULMAJ: Re-instatement and restoration of Benham Valence from B1 offices to a single occupancy dwelling, complete demolition of the late 20th century office buildings and the provision of new ancillary accommodation together with associated outbuildings, staff accommodation and equestrian facilities. Application approved 13/11/13.

West Berkshire Council Western Area Planning Committee 30th April 2014 Application 13/01847/COND1 Application for approval of details reserved by Conditions 3 - Construction Management Plan, 4 - Materials, 5 - Boundary treatments, 6 - Hard Surfaces, 7 - Landscape and Woodland Management Plan, 9 - Hard Landscaping/Tree Protection /Construction Precaution, 10 - Arboricultural Method Statement/Tree Protection, 11 - Arboricultural supervision condition, 12 - Arboricultural Programme of Works, 13 - External Lighting, 15 - Cycle Parking, 16 - Saproxylic Management Plan, 19 - Reptile Survey, 20 - Dormouse, 21 - Ponds, 22 - Conservation Management Plan, 23 - Fire Hydrants, 24 - Contaminated land and 25 - Surface Water, of approved application 12/02210/FULMAJ. Application approved 21/2/14.

Application 13/03136/COMIND Re-instatement of historical driveway. Awaiting determination.

Application 13/03137/LBC2 Re-instatement of historical driveway. Awaiting determination.

2. Publicity of Application

2.1 Site notice expired: 20th November 2013.

2.2 Neighbour Notification expired 8th April 2014.

3. Consultations and Representations

Parish Council : Object - traffic safety as access onto a 60mph road especially as it is close to the brow of a hill, impact on public right of way, break in wall and installation of electronic gates at entrance disrupts street scene and view from road. Highways Officer No objections subject to conditions. (1st Response): Highways Officer No objections subject to conditions. (Amended plans): Conservation The additional information and historic maps show that an access drive was in existence in this location prior to Capability Brown's landscaping, Officer (1st albeit not extending so far southwards. I note the comments by English response): Heritage and the Georgian Group with regards to the impact of the driveway on the registered park. However, given the topography of the land, the significant changes in levels across this part of the park, and the fact that the proposed driveway is to extend further southwards than the historic driveway, I am not convinced that its impact on Brown's landscape would be low. Further information regarding the design of the driveway is required and this should demonstrate that it would not involve any heavy engineering, such as creating cuttings, embankments etc. In terms of the proposed entrance, there is no evidence to suggest what the original entrance would have looked like? I am concerned that the grandiose appearance of the proposed entrance would compete with the grandeur of Brown's west entrance and confuse the historic development of the park. I therefore recommend that the design of the entrance is simplified and reduced in scale and width, giving it a much more low key appearance. The reduction in scale and width of the entrance would also allow the retention of much more of the historic park wall. Suggested reasons for refusal provided.

West Berkshire Council Western Area Planning Committee 30th April 2014 Conservation Notwithstanding any discussion with regard to whether there is a need for a third entrance to the park or concerning the exact line the historic Officer (Response to driveway, no objections are raised to this subject to minimal impact on amended plans): the surface of the park (i.e. no engineering operations), on which basis the impact of this element of the proposals are considered to have a low impact on the character and appearance of the park. With regard to the new entrance details, no evidence appears to have been provided as to what any (if any) original entrance may have looked like, but it is considered important that if any new exit/entrance is allowed, it should not be seen as another main entrance, of grandiose appearance, competing with the grandeur of Brown's west entrance and thus confuse the historic development of the park. The simplified design and scale, and reduced width, with the height of the wall matching the height of the existing wall, is therefore welcomed. However, the scalloped indentations of the wall are considered to be an unnecessary embellishment, as are the stone cappings on the gate piers. Accordingly, further amendments are requested to straighten and align the rebuilt park wall immediately behind the sight line for the entrance, thus keeping the impact of the alterations to the overall appearance of the park wall to the minimum possible. The above comments are made based on the perceived impact of the proposals on the park setting and the setting of the listed house, judging them on their own merits and not in terms of any justified need for a third entrance to the park or the historical authenticity of the (driveway) proposals. Conservation No objections subject to conditions. Whilst it has not been established with certainty whether the previous entrance and associated driveway Officer (Response to in this location was part of Brown's landscape, it is clear that the further amended entrance was of a relatively high status given the fact that it provided plans): access onto the main London to Bath road. Whilst the proposed driveway extends further southwards than the historic driveway, I do not feel that this would cause any harm to the character of the historic park or the setting of the Grade II* listed house, provided that the new driveway does not involve any engineering works. An email confirming that the driveway will not involve any engineering works has now been received (1st April 2014) from the agent. The agent has confirmed that whilst the proposed routing for the driveway does traverse several contours (ranging from 113 to 117 metres at the steepest point) the resulting gradient does not exceed 1:6.3, therefore embankments or cuttings will not be necessary to reconfigure the natural gradient encountered across the proposed routing for the driveway. I recommend that a condition is attached to the planning application ensuring the minimum of disturbance to the landform. In terms of the proposed entrance and gates, the latest amended plans (drg. no's. 3714 PL302 D & 3714 PL303 D) have further simplified the design and overall appearance of the proposed entrance and gates. I am of the opinion that the amended proposals have created a low key entrance that would not detract from the character of the historic park or the setting of the Grade II* listed house. Berkshire Gardens No objections. Trust:

West Berkshire Council Western Area Planning Committee 30th April 2014 Tree Officer: No objections subject to conditions. Ecologist: No objections. Natural England: No objections. Public Protection: No objections. Public Rights of No objections subject to conditions. Way: Ramblers’ Object - insufficient information; further information of works to public right of way required. Association: Archaeology Officer: No objections subject to a condition. Drainage Officer: No response received. SERCO No response received. Minerals and Waste No response received. Officer:

Representations: 9 representations received objecting to the proposal citing: highway safety; traffic approaching from the Hungerford direction will have just broached the hill prior to coming across the proposed new entrance, consequently there will be a very real danger of collisions between these unsuspecting vehicles and ones emerging out of the proposed new driveway entrance; proposed new driveway will cut across an ancient, well established and regularly used public footpath; increase likelihood of accidents; entrance location close to brow of hill; existing well used adequate access to property in a safe well lit accessible location therefore need for new access unnecessary; inappropriate development in a rural area; wall is listed therefore inappropriate to demolish part of it and change its character. Public footpath affected which is used by a wide variety of walkers, runners and people using it to access Marsh Benham; access at a point where drivers accelerate from Newbury; witnessed double overtaking and excess speed all the time; number of crashes on this stretch of A4 some of which resulted in wall being re-built; drivers from Hungerford would suddenly come upon drivers exiting from the new access; access from/to Marsh Benham is currently unsafe; will existing east entrance be closed; pre-existing entrance was little more than a tradesman’s entrance and service track to the back of the estate; new drive over this historical parkland and crossing a public right of way would detract from the walking experience; existing traffic calming measures do little to reduce speeds; cars overtaking vehicles entering new access would result in crashes; reinstatement is a convenient interpretation of what appears to have been a cart track.

West Berkshire Council Western Area Planning Committee 30th April 2014 Representations Proposal is a new major piece of construction across an historic and landscaped park; footpath predated whatever track is to be reinstated; (continued): no genuine public benefit; loss of amenity to users of public right of way; degradation of tranquil park vista; does not fall within definition of reinstatement; significant excavations and ground works would be necessary to provide a suitable and stable track affecting the tranquillity of park and not enhancing the setting of a listed building; proposed drive would induce significant water flows during periods of heavy rain to the lower west drive; discussions with West Berkshire Council and Highways Agency regarding highway safety have been taking place over a number of years; numerous accidents over the past 4/5 years; proposed entrance on a relatively high speed bend with an associated dip which collects water during heavy rain presenting a highway safety issue; no conclusive evidence to support argument that drive location is an addition by Brown; recent deaths and serious injuries in the last 6 weeks; dangerous mile of road and more hazards are unsuitable; excess speeding down the hill by motorists but at weekends especially by motor bikers; witnessed bikers overtaking on brow of hill and riding three abreast as well as doing wheelies and speeding in excess of 100mph; reported concerns to Thames Valley Police; due to speed of traffic and sheer weight of traffic at peak hours it is really difficult to turn right of cross the A4 either by car or on foot; horses are regularly exercised in the area posing difficulties in crossing the A4; cars turning right into Marsh Benham from Hungerford direction at present are often stationary in the middle of the A4 when cars coming from Newbury have been overtaking other cars and proposed access would experience this highways safety issue; overgrown verges inhibit visibility to see left and right on A4 when emerging from both Marsh Benham and Stockcross; strategic review of Milkbottle Lane/Gravel Hill/A4 junctions required; survey conducted by West Berkshire Council in 2011 at time when A4 was closed at The Halfway; since survey 2 more accidents occurred; over 3000 accidents a year involving horses and riders with fatalities to drivers, riders and the animals themselves; road identified on motor cycle blogs as ‘ton-up’ route and is not policed.

4. Policy and Legislation Considerations

4.1 The West Berkshire Core Strategy 2006 – 2026 has been adopted by the Council and as such now forms the Local Plan. Therefore the following policies carry significant weight in the decision making process:

 ADPP 1: Spatial Strategy  ADPP2: Newbury  CS 13: Transport  CS 14: Design Principles  CS 17: Biodiversity and Geodiversity  CS 18: Green Infrastructure  CS 19: Historic Environment and Landscape Character

4.2 The West Berkshire Core Strategy replaced a number of Planning Polices in the West Berkshire District Local Plan 1991-2006 Saved Policies 2007. However the following Policies remain in place until they are replaced by development plan documents and

West Berkshire Council Western Area Planning Committee 30th April 2014 should be given due weight according to their degree of consistency with the National Planning Policy Framework:

 HSG1: The Identification of Settlements for Planning Purposes  TRANS1: Meeting the Transport Needs of New development

4.3 Other material considerations for this application which includes government guidance are:

 The National Planning Policy Framework (March 2012) (NPPF).  Speen Village Design Statement.  Supplementary Planning Document: Quality Design (SPDQD)  The Wildlife and Countryside Act 1981 (as amended).  The Conservation of Habitats and Species Regulations 2010.  The National Planning Policy Guidance.

5. Description of Development

5.1 Planning permission is sought for the re-instatement of historical site access with associated amendments to public highway. A new driveway through the listed parkland is proposed. It is claimed in the application submissions that the access and a section of the proposed driveway (approximately one third of the driveway proposed) previously existed and was created by Capability Brown.

5.2 An associated Listed Building Consent application has also been submitted (ref: 13/02630/LBC2).

6. Consideration of the Proposal

The main issues to consider are:-

6.1 The principle of the development 6.2 The impact on the character and appearance of the Conservation Area 6.3 The impact on the Listed Building, Park and Garden and its setting 6.4 The impact on neighbouring amenity 6.5 Highway Matters 6.6 Other Matters

6.1 Principle of Development

6.1.1 The application site, known as Benham Valence, currently comprises the Mansion House that is Grade II* Listed, the security lodge and East Lodge both Grade II Listed, several Gate Piers and Gates that are Grade I Listed and various derelict buildings including an aviary, summer house and ice house. Linked to the Mansion House, at ground floor level on the east elevation, was a substantial office complex that was constructed in the early 1980's and is currently under demolition as approved by permission 12/02210/FULMAJ. The gardens, grounds and parkland are themselves are a Grade II Listed registered park and garden. Furthermore, the site is within the Benham Park Conservation Area.

6.1.2 Permission has been granted for the re-instatement and restoration of Benham Valence from B1 offices to a single occupancy dwelling, complete demolition of the late 20th century office buildings and the provision of new ancillary accommodation together with associated outbuildings, staff accommodation and equestrian facilities (ref 12/02210/FULMAJ and 12/02211/LBC). These permissions are currently being implemented.

West Berkshire Council Western Area Planning Committee 30th April 2014 6.1.3 In general terms the application site is 46.08 hectares in size. Currently access is provided from the eastern corner of the site. There is a disused access point in the north western corner of the site. The site sits to the west of Newbury close to the A4/A34 junction. There are significant level changes on site with the land primarily rising from the Mansion House towards the site’s northern boundary.

6.1.4 With regard to the principle of the development, the application site is located outside of any designated settlement boundary. As such the site is considered to fall within the open countryside.

6.1.5 The proposed introduction of a new access and driveway within the countryside is considered acceptable in principle subject to the impacts on the character and appearance of the Conservation Area, heritage assets, highway safety and public rights of way are carefully considered.

6.2 The impact on the character and appearance of the Conservation Area

6.2.1 The application site is located in a rural area and as one moves along the A4 from the roundabout junction with the A34 and B4000 the verdant nature and continuous boundary wall along the south side of the A4 reinforces the rural character of the area with a large country estate to the south. The existing entrance gates at the eastern and western corners of the estate contribute to the character of the area and the presence of the parkland and house and hints of the grandeur and beauty that lie within.

6.2.2 Despite the various submissions of evidence and maps it has not been established with certainty that the previous entrance and associated driveway to Benham Valence was part of Capability Brown's landscape. However, it is clear that the previous entrance was of a relatively high status given the fact that it provided access onto the main London to Bath road.

6.2.3 Following the submission of amended plans is it considered that whilst the proposal would introduce a break in the walled boundary along the A4 Bath Road, the design and appearance of the proposed entrance has been amended sufficiently to propose a simple discreet access. A section of wall approximately 8 metres in length to the east of the proposed access, together with a section of wall approximately 65 metres in length to the west of the proposed access, will need to be demolished and rebuilt using salvaged bricks to accommodate suitable visibility splays at the proposed access. The relocation of the boundary walling is not considered to weigh in favour of the application. However the re- instatement of the wall with the minimal break, as shown in the latest set of amended plans, is not considered to significantly harm the character and appearance of the Conservation Area or rural street scene in which it is located to warrant a refusal.

6.2.4 The proposed highways works involving the creation of a right hand turning lane and ghost islands (hatched markings on the road surface), located outside of the designated Conservation Area, are also not considered to significantly impact upon the character and appearance of the area.

6.2.5 The proposed driveway through the historic parkland would extend further southwards than the previous historical route to the Mansion House. The proposed driveway would cross an existing public right of way (SPEE/9/1) and continue south to meet an existing track within the parkland that runs from the now closed western entrance to the front of the Mansion House.

6.2.6 The agent for the application has confirmed that the proposed new driveway would not involve any engineering works. Whilst the proposed routing for the driveway does traverse

West Berkshire Council Western Area Planning Committee 30th April 2014 several contours (ranging from 113 to 117 metres at the steepest point) the resulting gradient does not exceed 1:6.3. Therefore embankments or cuttings will not be necessary to reconfigure the natural gradient encountered across the proposed routing for the driveway. A condition can be attached, should the application be approved, to ensure that minimum disturbance to the landform occurs through the submission of a construction method statement, as requested by the Conservation Officer.

6.2.7 The driveway is proposed to be constructed using crushed stone with tarmac at the entrance with the A4. It is acknowledged that the installation of the driveway would be noticeable from the public right of way within the Grade II registered park and garden. However, as demonstrated from photographs submitted by the applicant of a similar driveway on another estate, the proposal would have no kerbstones or lighting. As such the proposed driveway is not considered to introduce a harmful impact on the character and appearance of the Conservation Area sufficient to warrant a refusal.

6.2.8 It is considered that the impact on views from the public right of way would be limited. It is noted that the Public Rights of Way Officer has requested by condition details of warning signs both on the footpath and the proposed drive alerting the public and drivers to the presence of pedestrians and vehicles to ensure public safety. The presence of such signs would contribute to the impact on the character and appearance of the Conservation Area. However the signs would not need to be of significant size to introduce sufficient concern in respect of the impact on the character and appearance of the Conservation Area in which the application site is located.

6.2.9 It is therefore considered, on balance, that the proposed new access and driveway would not harm the character and appearance of the Conservation Area.

6.3 The impact on the Listed Building, Park and Garden and its setting

6.3.1 In respect of the impact on the listed building the proposal would be located in excess of 200 metres from the Grade II* listed Mansion House within the estate and as such is not considered to directly impact upon the listed building.

6.3.2 It has not been established that the historic driveway was necessarily part of Capability Brown’s landscaping for the site. Irrespective of this it is acknowledged that a form of driveway previously existed, as shown on a map from 1775, albeit not along the entire route proposed under this application.

6.3.3 In the associated Listed Building application (ref:13/02630/LBC2) English Heritage raise no objections to the impact of the proposal on the listed building or its setting. As previously discussed the proposed driveway, entrance gate are considered to be of subservient design providing a simple discreet access.

6.3.4 A small number of trees at the proposed access are to be removed to accommodate the proposal. These trees are not considered to contribute significantly to the parkland or the setting of the listed building. Mature and veteran trees within the parkland are to be protected from the proposed development to ensure their continued existence as these trees are considered to contribute significantly to the parkland and setting of the listed building.

6.3.5 Provided no engineering works are undertaken, as confirmed by the agent for the application and controlled by condition, should the application be approved, it is not considered that the proposal would detrimentally impact on the setting of the listed building or park and garden.

West Berkshire Council Western Area Planning Committee 30th April 2014 6.4 The impact on neighbouring amenity

6.4.1 The proposed access is located approximately 200 metres from the nearest neighbouring residential property and as such is not considered to introduce any significant impact upon the amenity of neighbouring properties.

6.4.2 The proposed driveway would be located approximately 100 metres from the nearest neighbouring dwelling at the closest point. At present the residential use of Benham Valence is currently being implemented. Due to the use of Benham Valence together with the distance between the proposed driveway and the nearest neighbouring residential properties, it is not considered that the number of vehicle movements along the driveway would introduce harm to the amenities of neighbouring properties.

6.5 Highways Matters

6.5.1. A number of representations have been received highlighting concern in respect of highway safety generally along this section of the A4 Bath Road as well as the impact on highway safety through the introduction of an additional access.

6.5.2 The Highways Officer has reviewed the application and acknowledges that the A4 is a high speed, high traffic volume road. Having reviewed the Road Traffic Accidents data from the previous five years there have been no road traffic accidents within 300 metres of the proposed access. Within the last five years, there have been two road traffic accidents involving slight injuries on the A4 to the west of the site at Gravel Hill due to the two junctions there, and a road traffic accident also involving slight injuries at the existing Benham Valence East Lodge access. It is considered that, given the high volume of traffic on the A4, these road traffic accidents are not unexpected or unusual. This stretch of the A4 is not therefore considered to have a poor safety record.

6.5.3 The proposed access has been designed with a turn right lane and ghost island, which, considered by the Highways Officer, is not necessarily required given the low number of vehicle movements that will be generated by the use of the Mansion House as single residence. However it is a sensible measure considering that forward visibility is restricted by the horizontal and vertical alignment of the A4 eastbound. The provision of a turn right lane will therefore avoid the possibility of eastbound vehicles having insufficient time to react to a potential stationary vehicle turning right into the site.

6.5.4 Sight lines of 4.5 x 215 metres are to be provided in both directions which is considered acceptable given that the road has a speed limit of 60 mph and it is expected that is the speed that many vehicles travel along this stretch of the A4. From observations made on the site, it is considered that the sight lines proposed can be achieved.

6.5.5 The proposed driveway would cross an existing public right of way within the application site. As previously mentioned signs would be required to alert the public and drivers to the presence of pedestrians and vehicles to ensure public safety. As the property is to be used for residential occupation it is not considered that there would be a significant number of vehicle movements along the driveway to raise concern in respect of the safety of users of the public right of way.

6.5.6 Therefore the proposed access arrangements are considered to be acceptable and not introduce any significant concerns in respect of highway safety in accordance with Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026 as well as Policy TRANS1 of the West Berkshire Distract Local Plan 1991-2006 Saved Policies 2007.

6.6 Other Matters

West Berkshire Council Western Area Planning Committee 30th April 2014 Tree and Ecological Matters

6.6.1 The application has been reviewed by the Tree Officer who raises no objections subject to the Arboricultural Method Statement being conditioned to ensure that measures to mitigate damage to trees within the parkland are implemented during the construction of the proposed entrance and driveway.

6.6.2 The application has also been reviewed by the Council’s Principal Ecologist who also raises no objections to the proposal.

Drainage Matters

6.6.3 A representation has been received raising concern in respect of surface water runoff from the proposed driveway. Provided the driveway is constructed using a porous material it is considered that the development proposed would not introduce significant concern in respect of surface water runoff. The construction of the driveway and materials used can be controlled by condition, should the application be approved.

National Planning Policy Framework

6.6.4 The NPPF places a strong emphasis on sustainable development. All planning applications must result in sustainable development with consideration being given to economic, social and environmental sustainability aspects of the proposal. The economic considerations are considered to be limited. The proposed scheme is not considered to adversely impact upon environmental and social sustainability for the reasons detailed above. As such the development is considered to constitute sustainable development in accordance with the NPPF.

7. Conclusion

7.1 It is acknowledged that there is an existing access serving the estate at the east of the application site. The need for a new access has been raised in a number of the representations received. It is considered that the proposed new access has limited public benefit; rather it will serve the occupants of the Mansion House only. The provision of the access would however contribute overall to the continued upkeep of this significant heritage asset.

7.2 Therefore, having taken account of all the relevant policy considerations and the other material considerations referred to above, it is considered that, although the considerations are finely balanced, the development proposed is acceptable and a conditional approval is justifiable for the following reasons.

7.3 It considered that the proposed access and driveway would not harm the character and appearance of the Conservation Area in which it is located, the Grade II* listed building or the registered Grade II listed park and garden. The proposal would not introduce any adverse impacts on the amenities of neighbouring dwellings. The creation of the new access is not considered to detrimentally impact on highway safety and the impact on the public right of way is considered to be limited.

7.4 As such the application is considered to accord with the National Planning Policy Framework, the National Planning Practice Guidance, Policies ADPP1, ADPP2, CS13, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026 and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

West Berkshire Council Western Area Planning Committee 30th April 2014 Furthermore the proposal is considered to accord with the Speen Village Design Statement.

8. Full Recommendation

8.1 DELEGATE to the Head of Planning and Countryside to GRANT planning permission subject to the following conditions and informatives:

8.2 Schedule of conditions

Time limit

1. The development shall be started within three years from the date of this permission and implemented strictly in accordance with the approved plans.

Reason: To enable the Local Planning Authority to review the desirability of the development against Policies CS14 and CS19 of the West Berkshire Core Strategy 2006 - 2026 and the National Planning Policy Framework should it not be started within a reasonable time.

Approved plans

2. The development hereby approved shall be carried out in accordance with drawing title numbers 3714 PL302D, 3714 PL303D received on 11th March 2014 and drawing title numbers 3714 PL300A and 3714 PL301A received on 29th January 2014 and drawing title number 4630.001 Rev A received on 23rd October 2013.

Reason: To ensure that the development is carried out in accordance with the submitted details assessed against National, Regional and Local Planning Policy.

Section 278 Agreement for Works to Highway

3. No development shall take place until a Section 278 Agreement is signed under the Highways Act 1980 to enable the provision of the following:

1. The provision of the site access onto the A4. 2. The provision of a turn right lane and ghost island along with all necessary widening of the A4

Reason: To ensure that the access into the site is constructed using the appropriate legal mechanism in the interest of highway safety. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026).

Access Construction Before Development

4. No development shall take place until detailed engineering drawings of the proposed access into the site have been submitted to and approved in writing by the Local Planning Authority. As a first development operation, the vehicular access and associated engineering operations shall be constructed in accordance with the approved drawings.

Reason: To ensure that the access into the site is constructed before the approved driveway in the interest of highway safety. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026).

West Berkshire Council Western Area Planning Committee 30th April 2014 Construction Method Statement

5. No development shall take place until a construction method statement for the proposed driveway has been submitted to and approved in writing by the Local Planning Authority. The construction method statement should include cross section details of the proposed works to the public right of way (ref: SPEE/9/1) over which the driveway crosses together with details of how the driveway will be constructed. The construction method statement shall also provide for:

(a) The parking of vehicles of site operatives and visitors; (b) Loading and unloading of plant and materials; (c) Storage of plant and materials used in constructing the development; (d) The erection and maintenance of any security hoarding; (e) Wheel washing facilities; (f) Measures to control the emission of dust and dirt during construction; (g) A scheme for recycling/disposing of waste resulting from the works.

Thereafter the driveway shall be constructed in accordance with the approved statement.

Reason: To ensure that the works result in the minimum of disturbance to the landform in order to protect the character of the Historic Park and Garden and the setting of the Grade II* listed building. Furthermore this condition seeks to safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety. In addition the driveway crosses a public right of way (ref: SPEE/9/1) and such details are required to ensure the installation of a suitable surface for the public right of way. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS5, CS13, CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS 1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

Surface Treatment

6. No development shall take place until details, to include a plan, indicating the means of surfacing treatment of the driveway, including the section of driveway that crosses the public right of way (ref: SPEE/9/1), have been submitted to and approved in writing by the Local Planning Authority. The surfacing treatment shall incorporate the use of a porous material. The driveway shall be completed in accordance with the approved details. The approved surfacing shall thereafter be retained.

Reason: To protect the character of the Historic Park and Garden and the setting of the Grade II* listed building. In addition the driveway crosses a public right of way (ref: SPEE/9/1) and such details are required to ensure the installation of a suitable surface for the public right of way. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026).

Warning signage

7. No development shall commence until details of warning signage for both vehicles using the proposed driveway, and the public using the public right of way (ref: SPEE/9/1), have been submitted to and approved in writing by the Local Planning Authority. The driveway shall not be brought into use until the warning signage has been installed in accordance with the approved details. The approved warning signage shall thereafter be retained.

West Berkshire Council Western Area Planning Committee 30th April 2014 Reason: The driveway crosses a public right of way (ref: SPEE/9/1) and as such warning signage is required to alert the public and drivers to the presence of pedestrians and vehicles to ensure public safety. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14 and CS18 of the West Berkshire Core Strategy (2006-2026).

Archaeological Work

8. No site works or development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved statement.

Reason: To ensure that any significant archaeological remains that are found are adequately recorded as the submitted archaeological report by Wessex Archaeology notes the archaeological potential of the area within which the development is located. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

Arboricultural supervision

9. No development or other operations (including site clearance, demolition and any other preparatory works) shall take place until the applicant has secured the implementation of an arboricultural watching brief in accordance with a written scheme of site monitoring, which has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved details.

Reason: To ensure the protection of trees identified for retention at the site. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

Visibility Splays

10. The development shall not be brought into use until the visibility splays at the proposed access have been provided in accordance with drawing number 4630.001A received on October 21st 2013. The land within these visibility splays shall thereafter be kept free of all obstructions to visibility over a height of 0.9 metres above the carriageway level.

Reason: In the interests of road safety. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS 1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

Gates

11. Any gates to be provided at access where vehicles will enter or leave the site, shall open away from the adjoining highway and be set back a distance of at least 10.0 metres from the edge of the highway.

Reason: In the interest of road safety and to ensure that vehicles can be driven off the highway before the gates are opened. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

West Berkshire Council Western Area Planning Committee 30th April 2014 Tree Protection

12. Protective fencing shall be implemented and retained intact for the duration of the development in accordance with the tree and landscape protection scheme identified on approved drawing title ‘Tree Protection Plan’ Rev B Jan 2014 received on 4th February 2014 and the ‘Tree Protection Measures and Arboricultural Method Statement’ produced by Wessex Woodland, dated 31st January 2014 and received on 4th February 2014. Within the fenced areas, there shall be no excavations, storage of materials or machinery, parking of vehicles or fires.

Reason: To ensure the protection of trees identified for retention at the site. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

Arboricultural Method Statement

13. The development hereby approved shall be undertaken in accordance with the ‘Tree Protection Measures and Arboricultural Method Statement’ produced by Wessex Woodland, dated 31st January 2014 and received on 4th February 2014.

Reason: To ensure the protection of trees identified for retention at the site. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

8.3 Informatives

1. The applicant is advised that this planning permission does not in any way allow the Right of Way to be obstructed at any time during the course of the development.

2. Nothing connected with either the development or the construction must adversely affect or encroach upon the footpath, which must remain available for public use at all times, except as agreed in writing with the PROW Team (01635) 519611. Information on the legal width of the PROW can be obtained from the PROW Officer.

3. The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

4. The attention of the applicant is drawn to the Highways Act 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

5. The applicant is advised that the Rights of Way Officer must be informed prior to the laying of any services beneath the path.

6. The decision to grant planning permission has been taken because the development is in accordance with the development plan and would have no significant impact on the character and appearance of the area or the residential amenities of the occupants of neighbouring properties. This informative is only intended as a summary of the reason for the grant of planning permission. For further details on the decision please see the application report which is available from the Planning Service or the Council website.

7. All bats are protected by The Wildlife and Countryside Act 1981 (WCA) (as amended) & The Conservation of Habitats and Species Regulations 2010. Should you find bats during

West Berkshire Council Western Area Planning Committee 30th April 2014 development, all work must stop until advice has been sought from Natural England. Their local contact number is 0300 060 3886.

8. This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development. In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

DC

West Berkshire Council Western Area Planning Committee 30th April 2014