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HEAD OF REGULATORY SERVICES
REPORT TO THE PLANNING COMMITTEE OF
14th March 2018
1. INTRODUCTION
This agenda considers planning applications submitted to the Council, as the Local Planning Authority,
for determination
2. STATUS OF OFFICER'S RECOMMENDATIONS AND COMMITTEE'S DECISIONS
All information, advice, and recommendations contained in this agenda are understood to be correct at
the time of preparation, which is approximately two weeks in advance of the Committee meeting.
Because of the time constraints, some reports may have been prepared before 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 “Planning Addendum” paper will be circulated at the meeting to assist
Councillors. This paper will be available to members of the public.
3. THE DEBATE AT THE MEETING
The Chairman of the Committee will introduce the item to be discussed. A Planning Officer will then
give a short presentation and, if applicable, public speaking will take place (see below). The Committee
will then debate the application with the starting point being the officer recommendation.
4. SITE VISITS
A Panel of Members visits some sites on the day before the Committee meeting. This can be useful to
assess the effect of the proposal on matters that are not clear from the plans or from the report. The
Panel does not discuss the application or receive representations although applicants and Town/Parish
Councils are advised of the arrangements. These are not public meetings. A summary of what was
viewed is given on the Planning Addendum.
5. THE COUNCIL’S APPROACH TO THE DETERMINATION OF PLANNING
APPLICATIONS
When considering development proposals the Council will take a positive approach that reflects the
presumption in favour of sustainable development contained in the National Planning Policy Framework
(NPPF).
It will always work proactively with applicants jointly to find solutions which mean that proposals can be
approved wherever possible, and to secure development that improves the economic, social and
environmental conditions in the area. This means that any discussions with applicants and developers at
both pre-application and application stage will be positively framed as both parties work together to find
solutions to problems. This does not necessarily mean that development that is unacceptable in
principle or which causes harm to an interest of acknowledged importance, will be allowed.
The development plan is the starting point for decision making. Proposals that accord with the
development plan will be approved without delay. Development that conflicts with the development
plan will be refused unless other material considerations indicate otherwise.
Where there are no policies relevant to the application or relevant policies are out of date the Council
will seek to grant permission unless material considerations indicate otherwise – taking into account
whether:
Any adverse impacts of granting permission would significantly and demonstrably outweigh the
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benefits, when assessed against the policies in the Local Plan taken as a whole; or
Specific policies in the development plan indicate that development should be restricted.
Unsatisfactory applications will however, be refused without discussion where:
The proposal is unacceptable in principle and there are no clear material considerations that
indicate otherwise; or
A completely new design would be needed to overcome objections; or
Clear pre-application advice has been given, but the applicant has not followed that advice; or
No pre-application advice has been sought.
6. PLANNING POLICY
The relevant development plans are, the Hart District Local Plan including first alterations, retained
Policy NRM6 of the South East Plan the Hampshire, the Odiham Neighbourhood Plan, the Rotherwick
Neighbourhood Plan, the Winchfield Neighbourhood Plan, the Portsmouth, Southampton, New Forest
National Park Minerals and Waste Core Strategy, and the saved policies of the Hampshire, Portsmouth
and Southampton Minerals and Waste Local Plan.
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.
7. THE NATIONAL PLANNING POLICY FRAMEWORK AND PLANNING PRACTICE
GUIDANCE
Government statements of planning policy are material considerations that must be taken into account
in deciding planning applications. Where such statements indicate the weight that should be given to
relevant considerations, decision-makers must have proper regard to them.
The Government has also published the Planning Practice Guidance which provides information on a
number of topic areas. Again these comments, where applicable, are a material consideration which
need to be given due weight.
8. OTHER MATERIAL CONSIDERATIONS
Material planning considerations must be genuine planning considerations, i.e. they must be related to
the purpose of planning legislation, which is to regulate the development and use of land in the public
interest. Relevant considerations will vary from circumstance to circumstance and from application to
application.
Within or in the settings of Conservation Areas or where development affects a listed building or its
setting there are a number of statutory tests that must be given great weight in the decision making
process. In no case does this prevent development rather than particular emphasis should be given to
the significance of the heritage asset.
The Council will base its decisions on planning applications on planning grounds alone. It will not use its
planning powers to secure objectives achievable under non-planning legislation, such as the Building
Regulations or the Water Industries Act . The grant of planning permission does not remove the need
for any other consents, nor does it imply that such consents will necessarily be forthcoming.
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 certain defined circumstances)
the identity or personal characteristics of the applicant
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ownership of land or rights of way moral objections to development like public houses or betting shops
change to previous scheme 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.
The Council will base its decisions on planning applications on planning grounds alone. It will not use its
planning powers to secure objectives achievable under non-planning legislation, such as the Building
Regulations or the Water Industries Act. The grant of planning permission does not remove the need
for any other consents, nor does it imply that such consents will necessarily be forthcoming.
9. PLANNING CONDITIONS AND OBLIGATIONS
When used properly, conditions can enhance the quality of development and enable development
proposals to proceed where it would otherwise have been necessary to refuse planning permission, by
mitigating the adverse effects of the development. Planning conditions should only be imposed where
they are:
necessary;
relevant to planning and;
to the development to be permitted;
enforceable;
precise and;
reasonable in all other respects.”
It may be possible to overcome a planning objection to a development proposal equally well by imposing
a condition on the planning permission or by entering into a planning obligation under. In such cases the
Council will use a condition rather than seeking to deal with the matter by means of a planning
obligation.
Planning obligations mitigate the impact of unacceptable development to make it acceptable in planning
terms. Obligations should meet the tests that they are
necessary to make the development acceptable in planning terms,
directly related to the development, and
fairly and reasonably related in scale and kind.
These tests are set out as statutory tests in the Community Infrastructure Levy Regulations 2010. There
are also legal restrictions as to the number of planning obligations that can provide funds towards a
particular item of infrastructure.
10. PLANNING APPEALS
If an application for planning permission is refused by the Council, or if it is granted with conditions, an
appeal can be made to the Secretary of State against the decision, or the conditions. Reasons for refusal
must be
Complete, Precise,
Specific
Relevant to the application, and
Supported by substantiated evidence.
The Council is at risk of an award of costs against it if it behaves “unreasonably” with respect to the
substance of the matter under appeal, for example, by unreasonably refusing or failing to determine
planning applications, or by unreasonably defending appeals. Examples of this include:
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Preventing or delaying development which should clearly be permitted, having regard to its
accordance with the development plan, national policy and any other material considerations.
Failure to produce evidence to substantiate each reason for refusal on appeal Vague, generalised or inaccurate assertions about a proposal’s impact, which are unsupported by
any objective analysis.
Refusing planning permission on a planning ground capable of being dealt with by conditions risks
an award of costs, where it is concluded that suitable conditions would enable the proposed
development to go ahead
Acting contrary to, or not following, well-established case law
Persisting in objections to a scheme or elements of a scheme which the Secretary of State or an
Inspector has previously indicated to be acceptable
Not determining similar cases in a consistent manner
Failing to grant a further planning permission for a scheme that is the subject of an extant or
recently expired permission where there has been no material change in circumstances
Refusing to approve reserved matters when the objections relate to issues that should already
have been considered at the outline stage
Imposing a condition that is not necessary, relevant to planning and to the development to be
permitted, enforceable, precise and reasonable in all other respects, and thus does not comply
with the guidance in the NPPF on planning conditions and obligations
Requiring that the appellant enter into a planning obligation which does not accord with the law
or relevant national policy in the NPPF, on planning conditions and obligations
Refusing to enter into pre-application discussions, or to provide reasonably requested
information, when a more helpful approach would probably have resulted in either the appeal
being avoided altogether, or the issues to be considered being narrowed, thus reducing the
expense associated with the appeal
Not reviewing their case promptly following the lodging of an appeal against refusal of planning
permission (or non-determination), or an application to remove or vary one or more conditions,
as part of sensible on-going case management.
If the local planning authority grants planning permission on an identical application where the
evidence base is unchanged and the scheme has not been amended in any way, they run the risk
of a full award of costs for an abortive appeal which is subsequently withdrawn
Statutory consultees (and this includes Parish Council’s) play an important role in the planning system: local authorities often give significant weight to the technical advice of the key statutory consultees.
Where the Council has relied on the advice of the statutory consultee in refusing an application, there is
a clear expectation that the consultee in question will substantiate its advice at any appeal. Where the
statutory consultee is a party to the appeal, they may be liable to an award of costs to or against them.
11. PROPRIETY
Members of the Planning Committee are obliged 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.
12. PRIVATE INTERESTS
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.
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13. OTHER LEGISLATION
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 Human Rights Act 1998,
The Equality Act 2010.
14. PUBLIC SPEAKING The Council has a public speaking scheme, which allows a representative of the relevant Parish Council,
objectors and applicants to address the Planning Committee. Full details of the scheme are on the
Council’s website and are sent to all applicants and objectors where the scheme applies. Speaking is
only available to those who have made representations within the relevant period or the applicant. It is
not possible to arrange to speak to the Committee at the Committee meeting itself.
Speakers are limited to a total of three minutes each per item for the Parish Council, those speaking
against the application and for the applicant/agent. Speakers are not permitted to ask questions of others
or to join in the debate, although the Committee may ask questions of the speaker to clarify
representations made or facts after they have spoken. For probity reasons associated with advance
disclosure of information under the Access to Information Act, nobody will be allowed to circulate,
show or display further material at, or just before, the Committee meeting.
15. LATE REPRESENTATIONS
To make sure that all documentation is placed in the public domain and to ensure that the Planning
Committee, applicants, objectors, and any other party has had a proper opportunity to consider further
or new representations no new additional information will be allowed to be submitted less than 48
hours before the Committee meeting, except where to correct an error of fact in the report. Copies of
individual representations will not be circulated to Members.
16. INSPECTION OF DRAWINGS
All drawings are available for inspection on the internet at www.hart.gov.uk
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Annex A to Planning Report
Contributions towards Community Infrastructure and Mitigation to the effects of
Residential Development on European Sites
Introduction
In considering any development proposal it is necessary to consider is whether it will have a planning
impact. This may be an impact on policy, on the environment, amenity or the physical capacity of the
infrastructure to accommodate the development, with the Council not seeking to rectify any
deficiencies. This can often be addressed by the use of planning conditions.
Planning conditions cannot however be used to require payment of money (so a tariff based approach is
ruled out) and any use of planning conditions will have to meet the 6 tests on the use of planning
conditions as set out in the NPPF. This means that planning conditions should only be imposed where
they are:
Necessary;
Relevant to planning;
Relevant to the development to be permitted;
Enforceable;
Precise and;
Reasonable in all other respects.
Such a planning condition would require that the necessary infrastructure to be put in place in line with
an agreed timetable. This may be facilitated by a “planning obligation” under section 106 of the Town
and Country Planning Act, 1990 (as amended). A “planning obligation” may:
Restrict the development or use of the land in any specified way;
Require specified operations or activities to be carried out in, on, under or over the land;
Require the land to be used in any specified way; or
Require a sum or sums to be paid to the authority on a specified date or dates or periodically.
The Council’s Community Infrastructure Policy was agreed at Cabinet in December 2010 and sets out
the Council’s overall approach towards the collection of contributions towards transport, education,
leisure and open space, and the Thames Basins Heath SPA.
It stipulates that planning obligations would only be sought:
On case by case basis, and
Taking into account development viability,
Where they meet the three policy test as set out in the National Planning Policy Frameworks
(NPPF) as well as the CIL Regulations, and
Where there are agreed projects that meet the criteria set out in the advice note issued by the Planning Inspectorate, and
Where an agreed programme exists to implement the infrastructure.
The Council’s Cabinet has subsequently updated the list of projects on a number of occasions lastly at
its meeting held on 7 August 2014.
Reference should also be made to the preface to the Committee report paper which sets out
information on Government Policy.
This Annex sets out the Council’s policy position in respect of contributions and should be read in conjunction with the individual reports which will set out the justification for the contribution sought in
each individual case.
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Thames Basin Heaths Special Protection Area
Saved local plan policies CON1 and CON2 relate to the Thames Basin Special Protection Area (SPA)
and state that development which would adversely affect the nature conservation value of a site will only
be permitted if it can be subject to conditions that will prevent damaging impacts on wildlife habitats or
other natural features of importance on the site or if other material factors are sufficient to override the
nature conservation interest. South East Plan policy NRM6 requires adequate measures to avoid or
mitigate any potential adverse effects on the Thames Basin Special Protection Area (SPA).
The SPA is a network of heathland sites which are designated for their ability to provide a habitat for
the internationally important bird species of woodlark, nightjar and Dartford warbler. The area is
designated as a result of the Birds Directive and the European Habitats Directive and protected in the
UK under the provisions set out in the Habitats Regulations. These bird species are particularly subject
to disturbance from walkers, dog walkers and cat predation because they nest on or near the ground.
Natural England has indicated that it believes that within 5km of the SPA additional residential
development in combination will have a significant effect on the SPA. Thus without mitigation any
proposal is contrary to the Conservation of Habitats and Species Regulations 2010.
In April 2008 the Thames Basin Heaths Joint Strategic Partnership agreed a Thames Basin Heaths
Delivery Framework to enable the delivery of housing in the vicinity of the SPA without that
development having a significant effect on the SPA as a whole. The delivery framework is based on
avoidance measures and the policy indicates that these measures can take the form of areas of open
space known as Suitable Alternative Natural Greenspace (SANG). The policy also states that local
authorities will collect developer contributions towards mitigation measures including the provision of
SANGs land and joint contributions to the funding of Strategic Access Management and Monitoring
(SAMM) the effects of mitigation measures across the SPA.
To allow the Council to conclude that a proposal will have no likely significant effect on the SPA there
are likely to be two options. The first is to provide, lay out and ensure the maintenance of, in perpetuity,
of a SANG. The physical provision of SANG is likely only to be suitable for schemes in excess of 60
dwellings due to the need to meet Natural England’s guidelines for SANGs. The achievement of this is
likely to be through the mechanism of a Planning Obligation under Section 106 of the Town and
Country Planning Act 1990 (as amended). The second is to enter into a land transaction for an
appropriate financial sum with the Council to obtain a licence to utilise part of one of the Council’s
SANGs in mitigation. In addition a financial contribution will be sought towards SAMM. The sums the
Council considers appropriate to mitigate the impacts of the development and how they are calculated,
are set out in the policy.
In terms of the tests set out in the NPPF, a planning condition is necessary to make the development
acceptable in planning terms by mitigating against the impact of an increase in population within 5km of
the SPA. It relates both to planning (the protection of the SPA) and the development itself with the size
of contribution sought relates to the population that will be likely to occupy the development. The
wording of the condition will be precise, enforceable and the condition will be reasonable in all other
respects.
It would be therefore be possible to conclude that the development will not have an adverse effect on
the SPA and therefore complies with saved policies CON1 and CON2, South East Plan policy NRM6
and the CIL Regulations.
Transport
Saved Local Plan policies T14 and T16 seek to ensure that development is served effectively by public
transport, cycling or walking and that improvements made necessary by development are to be funded
by that development. This relates not only to physical improvements required to permit development to
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take place (such as sight lines at an entrance to a site), but also to the wider network, seeking to allow
development provided that it could be effectively served by public transport, cycling and walking.
The Hampshire Local Transport Plan (LTP) relates to the years 2011 - 2031 and makes reference to the
North Hampshire Transport Strategy (NHTS) which covers the areas administered by Hart District
Council, Rushmoor and Basingstoke and Deane Borough Councils and that part of the area of Test
Valley Borough Council north of the A303.
Within the Fleet/Church Crookham/Elvetham Heath area the County Council has also adopted the
Fleet Town Access Plan (FTAP) as a sub-programme of NHTS.
The Hampshire wide Local Transport Plan identifies a number of key themes:
Supporting the economy through resilient highways;
Management of traffic;
The role of public transport;
Quality of life and place;
Transport and growth areas
Additional development brings with it additional multi-modal transport impacts. This is additional cars,
cycles and use of public transport which has an incremental impact on the transport infrastructure. In
line therefore with saved policy T14 it is incumbent on developers to show how they intend the
development to be served by public transport, cycling and walking. The provision of a contribution
towards either NTHS or FTAP would provide that mitigation.
In terms of the policy tests in the NPPF the condition is necessary in that it will secure a scheme that
will mitigate the effects of the development on the local transport infrastructure which relates to
planning. The scale and kind of the contribution sought relates to the increase in transport activity. The
details of the direct link between the schemes the contribution will fund and the development are set
out in the Committee report. The wording of the condition will be precise, enforceable and the
condition will be reasonable in all other respects.
Leisure
As part of living in a dwelling its residents will use the local leisure infrastructure to undertake
recreation. The impact on infrastructure used for recreation is clearly a material planning consideration.
Some of this infrastructure is of a strategic, District-wide, nature while other is more local. At a local
level the Council has determined that as a general rule the local infrastructure will be considered at the
Parish level.
Even where infrastructure is of a District wide nature it is clear that the further from a development
itself the less likely that the residents will use that infrastructure. Utilising visitor data, the Council has
set “zones of influence” of the individual elements where it is known that residents visit and will have an
impact.
In terms of the policy tests in the NPPF the condition will secure a scheme to mitigate the effects of the
development on the leisure infrastructure, which, as set out above, relates to planning. The scale and
kind of the contribution sought relates to the increase in leisure activity. The details of the direct link
between the projects the scheme will be spent on and the development are set out in the Committee
report. The wording of the condition will be precise, enforceable and the condition will be reasonable in
all other respects.
Without the necessary scheme in place additional development would exacerbate the existing deficiency
in provision for leisure facilities within the vicinity of the site through an increase in population who
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would have access to the facilities. The nature of the scheme has been assessed through the Council's
Leisure Strategy as being appropriate to mitigate these effects.
Education
Hampshire County Council has advised in their policy document Developers’ Contributions towards
Children’s Services Facilities December 2011 where the availability of school places is particularly
critical, contributions should be sought in relation to each individual dwelling. Hampshire County
Council has confirmed that there are particular pressures on places at the primary and secondary
schools in the Fleet/Church Crookham schools and Hook catchment areas, and in the catchment of the
Robert Mays secondary school in Odiham where any increase in population will add to the demand
beyond the available capacity. Full details of the issues are set out in the Community Infrastructure
Policy.
In Fleet/Church Crookham, Hook and Odiham programmes for the provision of additional educational
facilities are well advanced. The County Council considers it preferable to invest in existing schools
where achievable in building terms and where agreement can be reached with the headteacher and
governors of the schools involved.
Schools are ideally organised into classes of 30 pupils across the age range of the school to support
curriculum delivery relevant to the pupil year group and to meet statutory class size regulations
whereby no class can be larger than 30 for pupils aged 5 to 7. It is not practical, therefore, for schools
to marginally increase their capacity, have larger than ideal class sizes, or create a budget deficit due to
the need to employ an additional teacher for very small increases to pupil numbers.
In terms of the policy tests in the NPPF the agreed scheme will mitigate the effects of the development
on the education infrastructure, which as set out above relates to the proper planning of the area. The
scale and kind of the contribution sought relates to the facilities being provided. The details of the direct
link between the contribution and the development are set out above. The wording of the condition will
be precise, enforceable and the condition will be reasonable in all other respects.
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Item No: 101
Page: 10 – 34
17/02645/FUL Grant
Lidl 21 London Road Blackwater Camberley GU17 9A
Demolition of No.1 Green Lane. Erection of an extension to the existing A1 retail food store, with a
reconfiguration of the car park, access, landscaping, servicing, and other associated works.
Item No: 102
Page: 35 – 46
17/02451/FUL Grant
38 Award Road Church Crookham Fleet GU52 6HG
Erection of detached dwelling on land to rear with new access and associated parking
Item No: 103
Page: 47 – 60
17/02357/FUL Grant
141 – 145 Clarence Road Fleet GU51 3RR
Demolition of existing former Red Cross building and garage and erection of a new building housing 8
self-contained flats with associated parking, cycle storage and bin storage areas (Updated SuDS and
Drainage Report received 30.01.2018.
Item No: 104
Page: 61 – 74
17/03018/FUL Grant
Ryton Farm Copse Lane Long Sutton Hook Hampshire RG29 1SX
Erection of a new dwelling, with associated parking, access and infrastructure works on the site of an
existing barn subject to an approval for conversion from agricultural use to a dwelling.
Item No: 105
Page: 75 – 79
17/00703/FUL Grant
22 Hornbeam Place Hook Hampshire RG27 9RD
Change of use from private garden land back to previous use as Public Open Space and introduction of
fencing on boundary between 22 Hornbeam Place and Public Open Space.
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COMMITTEE REPORT
ITEM NUMBER: 101
APPLICATION NO. 17/02645/FUL
LOCATION Lidl 21 London Road Blackwater Camberley Surrey GU17
9AP
PROPOSAL Demolition of No.1 Green Lane. Erection of an extension to the
existing A1 retail foodstore, with a reconfiguration of the car park,
access, landscaping, servicing, and other associated works.
APPLICANT Lidl UK GmbH
CONSULTATIONS EXPIRY 7 December 2017
APPLICATION EXPIRY 1 January 2018
WARD Blackwater And Hawley
RECOMMENDATION Grant subject to a S106
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's
Stationery Office © Crown Copyright 2000. Unauthorised reproduction infringes Crown Copyright
and may lead to prosecution or civil proceedings. Please Note: Map is not to scale
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BACKGROUND
This application was referred to members as the Council has received more than five neighbour
objections.
SITE
The application site consists of a retail unit occupied by Lidl with associated parking and servicing areas.
The adjacent public car park, previously owned by the Council, No.1 Green Lane (2 bedroom detached
dwelling) and part of the rear gardens of No.7 and No.9 Green Lane also forms part of the application
site.
The northern section of the application site lies within Blackwater Town Centre, whilst the existing food
store and the southern section of the application site lies just outside of the town centre as defined by
the Local Plan. London Road contains a mixture of commercial, leisure and retail uses including an Aldi
food store, on the opposite side of London Road. To the rear and side of the site is predominately
residential.
The application site has an area of approximately 0.75 ha. There is currently one access point into the car
park via Green Lane to the west side of the site, which provides access to/from London Road (A30). The
retail unit is located in the south end of the site. The parking area is located to the front of the building.
The servicing area is located west of the building.
PROPOSAL
Demolition of No.1 Green Lane. Erection of an extension to the existing A1 retail foodstore, with a
reconfiguration of the car park, access, landscaping, servicing, and other associated works.
The proposed extensions would increase the sales floor area as well as the warehouse area. The proposed
side extension is sited on the western elevation of the existing store, and will result in the relocation of
the delivery area and loading bay further westwards. There would also be a small extension to the front
of the store. The main entrance to the store will remain in the north-east corner of the store.
The proposed access is repositioned following the demolition of No.1 Green Lane and car parking
proposed on land previously used as the Green Lane Car Park as well as part of the rear gardens of No.7
and No.9 Green Lane.
SITE HISTORY
00/00749/FUL Erection of a food store - use class A1, with associated car parking and environmental
improvements. REFUSED 19.10.2000
02/00943/FUL Erection of a food store (Use Class A1) with associated car parking. PERMISSION
17.01.2005
13/00012/FUL Erection of single storey front extension and cladding to fascias and soffits. PERMISSION
05.03.2013
13/00803/FUL Erection of single storey front extension and cladding to fascias and soffits. PERMISSION
20.06.2013
16/01009/AMCON Variation of condition 7 of 02/00943/FUL to read: No machinery shall be operated,
no process shall be carried out and no deliveries taken or despatched from the buildings hereby approved
outside the following times, 07:00 to 22:00 hours Monday to Friday, 07:00- 20:00 hours Saturday and
09:00 to 17:00 on Sundays and Public Holidays. PERMISSION 09.09.2016
16/01833/PRIOR Original Lidl store with associated air conditioning units, No. 1 Green Lane (residential
property), outbuildings and the remains of a static home. RPA 11.08.2016
16/02596/ADV Internally illuminated freestanding totem sign. PERMISSION 29.11.2016
16/03149/AMCON Amendment to extend opening hours in order to regularise current opening times.
TEMPORARY PERMISSION 09.09.2016
16/01537/FUL DEMOLITION AND REDEVELOPMENT OF EXISTING LIDL FOODSTORE, NO. 1
GREEN LANE AND CAR PARK TO PROVIDE A GROSS INTERNAL AREA OF 2,563 SQM AND 104
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CAR PARKING SPACES. PERMISSION 28.02.2017
CONSULTEES RESPONSES
Blackwater and Hawley Town Council
Blackwater and Hawley Town Council raises a number of objections to this application as set out below.
Nonetheless, the Town Council recognises that the principle of providing a larger Lidl supermarket at
their Blackwater site has been established by the planning permission granted under 16/01537/FUL for
redevelopment on this site, and that this cannot now be taken away or reversed.
The Town Council therefore welcomes this application as an opportunity to provide a better option for
Blackwater town centre, because the new proposal maintains the open aspect provided by the
supermarket being set back on the site. The previous proposal would have been overbearing in a town
centre which already has to cope with a fast and busy dual carriageway through the middle.
The Town Council also welcomes the opportunity to demolish no. 1 Green Lane, which has become an
eyesore and to refresh the landscape surrounding the Lidl store.
It is just as important as before, however, that careful attention is paid to every aspect of this application
to ensure that, if the development goes ahead, the supermarket operates in harmony with its environment
and local residents as far as can be achieved.
The Town Council is also aware that, when permission was given many years ago for the existing building,
the opportunity was missed to include conditions, such as one requiring that linked trips within Blackwater
town centre by drivers whose cars are parked in the Lidl car park should always be allowed, despite this
being a requirement of the original unimplemented planning permission which had been granted on appeal.
We note that the applicant recognises the impact that this extension could have on the rest of Blackwater
town centre and that they are willing to contribute £20,000 towards appropriate town centre
enhancements. With so much being done to improve the environment of Blackwater and the vitality of
the local economy, we welcome this commitment and would wish to be fully involved in deciding the best
way that this can be invested to the benefit of Blackwater town centre.
Notwithstanding all of the above, as a number of important considerations and protections do not appear
to have been covered satisfactorily in this application, the Town Council needs to object for the following
reasons:
Soft Landscaping
The amount of soft landscaping visible to customers and passers-by is significantly reduced compared with
16/01537/FUL. Whilst there is a landscaping benefit from the supermarket being set further back, it will
not feature the more modern finishing materials that would have improved the appearance of the building,
so the Town Council believes that there needs to be more greenery provided at the front of the site.
Fencing
Whilst the fencing plan appears to be very similar to the previous proposal, this still leaves an area around
the boundaries of 3 and 5 Green Lane unprotected by the proposed 2.4m close-boarded acoustic fencing.
Although both of these buildings are business premises, there are residential premises beyond them which
will consequently be left vulnerable to noise from deliveries up to 8pm, plus shoppers and their vehicles
up to 10pm, well beyond the bedtime of young children. Extending the 2.4m close-boarded acoustic
fencing around nos. 3 and 5 Green Lane would make a significant difference in mitigating the impact of the
supermarket operations on nearby residents.
Delivery Plan
We welcome the stated intention of reducing the delivery hours from 07:00 to 22:00 on Mondays to
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Saturdays, and 08:00 to 19:00 on Sundays and Bank Holidays, to 08:00 to 20:00 on Mondays to Saturdays,
and 10:00 to 16:00 on Sundays and Bank Holidays. This is a positive step forward and it is important that
this intention is embedded into this decision so that what is permitted for the future is clear.
It is also good to see that Lidl plan to have just two or three deliveries per day, that there will be no noisy
air conditioning units on the vehicles and that their policy is that vehicle engines will remain switched off
during deliveries, which should all help to reduce disturbance to nearby residents. It is essential, however,
that these points are controlled by appropriate conditions, along with other conditions as included with
16/01537/FUL, in order that any future decisions to change company policy or practice are not allowed
to lead to a less favourable situation.
Parking
The application does not appear to include proposals that were agreed as part of condition 9 of
16/01537/FUL in relation to a car park management plan. It is essential that the right to make linked trips
whilst parked there is guaranteed (as proposed by the original planning inspector), that a stay period of 2
hours is specified and that if minimal spend is required, then that minimal spend should be no more than
£1, together with signage that makes these points clear to customers.
The application is also unclear about whether the store will remain open during construction of the
extension. Either way, management of parking will be a vital issue for the area. If the store is to remain
open, then sufficient parking spaces must be kept available to prevent queuing back onto the A30 and
large numbers of displaced cars causing parking problems elsewhere. If the store is to be closed during
this period then thought needs to be given to where people will park, given the likely significant increase
in customer numbers during this time trying to use the nearby Aldi car park. So, either the car park
management plan must address these issues, or a construction management plan needs to be agreed for
such a sensitive location. In fact it is vital that a construction management plan is required to control hours
of construction, areas for parking and so on.
Drainage
With an increased expanse of continuous hard surfacing, it is essential that the drainage system and
watercourses are capable of coping with heavy rain so that the site does not become an additional cause
of local flooding, bearing in mind the other flooding problems that have been experienced in Blackwater.
Lighting
The absence of an intention to ensure that all external car park lighting is turned off no later than thirty
minutes after the store has closed could mean that this car park will become a gathering point for antisocial
behaviour. It is essential that adequate measures are taken to prevent such behaviour on these premises,
including the possibility of camera security for the safety of customers and the prevention of behavioural
problems. It is also important that all illuminated signs are positioned so that they will not cause light
pollution problems for nearby residents.
Contamination
It is widely held locally that there is quite a range of waste from the original development hidden under
the surface of the car park, including significant quantities of asbestos from demolition of the previous
buildings. We cannot verify this one way or the other, so it is essential that appropriate measures are in
place to ensure the health and safety of all concerned in this respect.
Highway works
It is good to see that the entrance to the site has been moved slightly further into Green Lane, which
should help to reduce some of the dangers that have existed here, particularly for residents of Green
Lane who have to cope with this junction on a daily basis.
In order to ensure that the speed of vehicles leaving the site is moderated, however, it is still essential
that the pedestrian crossing facility is raised, as was proposed in site plan 5035.010 Rev C in relation to
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approved application 16/01537/FUL, in addition to being demarcated by coloured/textured road surfacing.
This was a good proposal and it is disappointing that it does not appear to have been included in this latest
application.
For safety reasons it is also essential that the road markings and layout at the entrance to the site make
it absolutely clear that the priority is given to Green Lane traffic and that it is clear to vehicles that they
must not block the south-westerly side of Green Lane when leaving the Lidl car park. Attention also needs
to be given to whether these new arrangements could cause queues out onto the A30 when slower
drivers are manoeuvring into the parking spaces near the entrance, leaving those at the back of the queue
in danger of being hit from behind.
Environmental Health (Internal)
Noise:
- The following delivery time restrictions, as provided in Section 7.19 of Walsingham Planning's Report
(Ref: KN0096-17, October 2017), are considered appropriate:
'Deliveries 08:00 to 20:00 Monday to Saturday; 10:00 to 16:00 Sundays, Bank Holidays and Public
Holidays."
- It is advised that should the development be approved, further mitigation measures be conditioned, as
appropriate. These include:-
Restriction to 3 x HGV deliveries per day.
Refrigeration units on lorries turned off during delivery, or else individual temperature controlled delivery
units as stated in Section 4.30 of Walsingham Planning's Report.
Lorry engines turned off during unloading.
Mitigation measures at the docking station, to be confirmed.
Use of "White Noise" reversing alarms for HGVs.
Any acoustic fence should have a minimum density of 11k
- It is recommended that a CEMP be conditioned for any agreed site development.
Lighting:
This department would accept the stated premise and intended lighting levels, only on the understanding
that subsequent control measures are adequately conditioned and implemented. It is recognised that areas
of the car park, and in particular, access areas of the car park closest to the A30 junction, are likely to be
exposed to heavy traffic and there may be legitimate concerns with respect to road and pedestrian safety.
Contaminated Land:
- Please place a standard Contaminated Land condition on this development.
- Should any unexpected land contaminants or ground conditions be identified during development then
this department should be notified accordingly.
Comments made in relation to the National Planning Policy Framework paras 109, 120 and 123
Natural England
Natural England has no comments to make on this application.
Natural England has not assessed this application for impacts on protected species. Natural England has
published Standing Advice which you can use to assess impacts on protected species or you may wish to
consult your own ecology services for advice. Natural England and the Forestry Commission have also
published standing advice on ancient woodland and veteran trees which you can use to assess any impacts
on ancient woodland.
The lack of comment from Natural England does not imply that there are no impacts on the natural
environment, but only that the application is not likely to result in significant impacts on statutory
designated nature conservation sites or landscapes.
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Drainage (Internal)
No Objection - subject to conditions
This proposal involves extending the already permitted Lidl building. As a result the building will extend
by about 17m along the bank of the adjacent watercourse. The entire building is extremely close to the
banks of the watercourse (the permitted building is within 1m of the bank edge). It is not normally
considered to be good practice to build so close to the banks of the watercourse. However, as this
proposal will not be closer than the currently permitted building, we will not object on this basis.
However, there is a real risk that during demolition and construction that the banks of the watercourse
will be damaged.
We note that the surface water drainage is discharging into an ordinary watercourse at the back of the
site. It is clear from photographs provided on the previous application that this watercourse is blocked
and not flowing. Surface water therefore cannot be discharged into this watercourse without it being
cleared. We therefore recommend that the following condition is applied to the application:
We would therefore recommend that the following conditions are applied:
- Condition 'Watercourse Construction Protection Plan'
- Condition 'Watercourse Maintenance Plan'
HCC Local Lead Flood Authority
Surface Water Drainage
The proposals for surface water drainage meet the current standards/best practice in relation to surface
water drainage. Please see below for further general guidance for the application.
It is important to ensure that the long-term maintenance and responsibility for
Sustainable Drainage Systems is agreed between the Local Planning Authority and the applicant before
planning permission is granted. This should involve discussions with those adopting and/or maintaining the
proposed systems, which could include the Highway Authority, Planning Authority, Parish Councils,
Water Companies and private management companies.
For SuDS systems to be adopted by Hampshire Highways it is recommended that you visit the website at:
https://www.hants.gov.uk/transport/developers/constructionstandards for
guidance on which drainage features would be suitable for adoption.
Ecology Consult (Internal)
I have no objection to this application on the grounds of biodiversity although I would like to see the
invasive, non-native Cherry Laurel proposed in the landscaping replaced by a native, evergreen species.
Officers Note: A revised planting scheme has been provided removing the Cherry Laurel.
Southern Gas Networks
Our gas pipe locations are now available online at www.linesearchbeforeudig.co.uk. Not only can you
access information about the location of our gas pipes in your proposed work area, but you can also
search for information on other utility companies' assets at the same time.
All requests for maps and plant location information must now be submitted through this online service.
Please note your enquiry has not been processed on this occasion. Please visit www.sgn.co.uk/Safety/Dig-
safely/ for safety information and links to www.linesearchbeforeudig.co.uk, where you can register for our
online service and view our gas pipe locations.
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NEIGHBOUR COMMENTS 10 comments have been received by neighbouring residents identifying the following concerns:
- Highways concerns, including safe pedestrian and cycle access
- Loss/amount of car parking (including during the construction process) and impact on local businesses
(loss of trade)
- Use of the car park as a Town Centre car park
- Antisocial behaviour in the car park (at night) and other security issues
- Poor design
- Construction disruption
- Light pollution
- Impact on flooding and drainage
- Need for the additional floor space
- Impact on the amenity of neighbouring residential properties including noise
- Concern regarding the opening and delivery hours
POLICY AND DETERMINING ISSUES
Areas where there may a potential for contamination either from past activities of land fill but the extent
of which may not be known.
The development lies within 2km of the Thames Basins Heath Special Protection Area (SPA). This is an
area that has been identified as being of international importance for the breeding, feeding, wintering or
the migration of rare and vulnerable species of birds found within European Union countries. They are
European designated sites, classified under the ‘Birds Directive 1979’ which provides enhanced protection
given by the Site of Special Scientific Interest (SSSI) status all SPAs also hold. New residential development
in particular must be strictly controlled within areas up to 5km from SPA's unless appropriate mitigation
strategies have been put in place.
The development lies within 400m of the Thames Basins Heath Special Protection Area (SPA). This is an
area that has been identified as being of international importance for the breeding, feeding, wintering or
the migration of rare and vulnerable species of birds found within European Union countries. They are
European designated sites, classified under the ‘Birds Directive 1979’ which provides enhanced protection given by the Site of Special Scientific Interest (SSSI) status all SPAs also hold. . In most circumstances no
new residential development within 400m of an SPA should be allowed.
Hart District Council Local Plan (Replacement) 1996 – 2006
GEN1 - General policy for development
GEN4 - General Design Policy
URB10 - Out of Centre Retailing
B2 - Redevelopment of Green Lane Public Car
T14 - Transport and Development
CON1 - Nature Conserv European Designations
CON2 - Nature Consern Designations
CON5 - Nature conserv Species Protected
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CON8 - Trees, Woods & Hedgerows Amenity Value
CONSIDERATION
Principle of development
The application site lies within the Blackwater urban settlement boundary. The northern section of the
application site and the public car park to the south west lies within Blackwater Town Centre, whilst the
southern section, including the existing food store, lies just outside of the town centre as defined by the
Local Plan. The proposed side extension would be located on the boundary. With regards to the position
of the town centre boundary, it should be noted that the exclusion of the second biggest retail store in
the Centre could be described as contrived. The Council's 'Retail, Leisure and Town Centres Study: Part
2 - Town Centres' ('Town Centres Study') also acknowledges this point and states that the "town centre
boundary should be extended to include the Lidl store to the south of London Road." The emerging Local
Plan proposes a new boundary for Blackwater, which includes the whole Lidl site, however little weight
can be given to the emerging Local Plan at this stage.
The NPPF promotes the 'town centres first' approach and states that "Planning policies should be positive
(and) promote competitive town centre environments". New retail floor space should be located in town
centres, and if there is no available sites within the town centre, in edge of centre locations and only if
suitable sites are not available should out of centre sites be considered (the 'sequential test').
The NPPF states that "when assessing applications for retail development outside of town centres, which are not
in accordance with an up-to-date Local Plan, local planning authorities should require an impact assessment (the
'impact test') if the development is over a proportionate, locally set floor space threshold (if there is no locally set
threshold, the default threshold is 2,500 sqm). This should include assessment of:
- the impact of the proposal on existing, committed and planned public and private investment in a centre or
centres in the catchment area of the proposal; and
- the impact of the proposal on town centre vitality and viability, including local consumer choice and trade in the
town centre and wider area, up to five years from the time the application is made. For major schemes where the
full impact will not be realised in five years, the impact should also be assessed up to ten years from the time the application is made.
Where an application fails to satisfy the sequential test or is likely to have significant adverse impact on one or
more of the above factors, it should be refused."
Local Plan policy URB 10 concerns out-of-centre retailing and states that "proposals for large scale retail
development (over 2,500 sqm.) outside the defined town centres, district shopping centres and local
centres will not be permitted unless there is an identified need for additional shopping provision which
cannot be met in the commercial centre, in which case the sequential approach to site selection will be
adopted."
The existing Lidl store and the majority of the proposed extension is located wholly outside of the town
centre boundary, in a site classified as 'edge-of-centre'. The extension would result in an increase in sales
floor space of 42% (418 sqm), providing a total sales floor space of 1,408 sqm. The total gross internal
area proposed would be 1,947 sqm, given that the additional floor space would not be located within the
centre, NPPF's sequential test would be applicable but as the increase is below 2,500 sqm, the impact test
and Local Plan policy URB10 would not be applicable.
Sequential Test:
The applicants have undertaken a very basic sequential test (updated the sequential test of 16/01537/FUL)
to determine whether there are any 'in-centre' sites available for the proposed extension. The exercise
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only focused on Blackwater Town Centre and concluded that "there are still no appropriate parcels of
land within the centre, which are suitable, available and viable for a food store development".
The applicant stressed that in their view "the sequential approach to site selection is not highly relevant. The
proposal is not for a new supermarket, but for an extension of an existing food store at an established retail
destination. The proposed extension, which will provide just over 500 sq.m gross floor space, cannot function as a
stand-alone Lidl store in a more central location. The floor space proposed is too small to provide a stand-alone
discount food store, with appropriate sales floor space, warehousing, bakery and staff facilities. To disaggregate
this development and site it more centrally within Blackwater would be illogical, and would not be a viable business
proposition. It would also not be a sustainable option, as customers would potentially visit two alternative Lidl sites,
rather than just travel to one extended store. Moreover, this option would not resolve the constraints of the existing
site, and deliver the improved customer experience that Lidl is seeking."
In addition to the points raised by the applicants, it is also important to consider the fall-back position. It
is feasible that the development could be redesigned so that the quantum of proposed new retail floor
space is provided within the centre and the existing retail floor space retained in its edge-of-centre
position.
The applicant also stresses "that the site is sustainably located with regards to access to a range of modes of
transport, and it lies within a cluster of commercial uses, with which linked trips can be made. As such, the site -
despite its technical edge-of-centre definition - is sustainably located and the proposed extension can be expected
to enhance an existing retail destination and contribute towards an improvement to the vitality and viability of the
centre as a whole."
The NPPF states that appropriate edge of centre sites for main town centre uses should be well connected
to the town centre where suitable and viable town centre sites are not available. The application site is
well connected to the southern side of town centre, albeit a busy main road dissects the centre making it
difficult for pedestrians to utilise the entire town centre offer.
The Council's Town Centres Study describes Blackwater Town Centre as generally performing well in
respect of its vitality and viability. The centre has a very low vacancy rate, signalling healthy demand for
the retail units. The Town Centres Study acknowledges that "although Blackwater has a very low vacancy
rate, the centre lacks clear definition. The priority for Blackwater should be to strengthen and enhance the retail
offer of the centre, and improve the comparison goods offer, which is currently limited. Environmental improvements and measures to enhance pedestrian movement within the centre would increase its attractiveness as a local retail
destination and benefit the overall function of the centre."
The application proposes an increase to the existing sales area by 418 sqm, from 990 sqm to 1,408 sqm,
which is an increase of approximately 42%. This increase in sales area would strengthen and enhance the
retail offer. The application's Planning and Retail Statement confirms that comparison (non-food) goods
normally account for around 15-20% of floor space in Lidl stores. With the increase in overall sales floor
space, there would therefore be an increase (albeit modest) in comparison floor space, which will benefit
the town centre.
Given the position of the existing store outside of the town centre boundary, and the connectivity of the
application site to the town centre (albeit on the southern side of London Road), and the findings of the
sequential test undertaken by the applicants, the siting of the proposed retail floor space is considered to
meet the requirements of the sequential test.
Other issues:
Local Plan Policy B2 "Blackwater Town Centre: Redevelopment of Green Lane Car Park" states that
proposals for the redevelopment of the public car park at Green Lane for business (B1) use will be
permitted, provided that adequate and satisfactory public car parking has been secured elsewhere in
Blackwater.
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Policy B2 concerns the provision of B1 use. The application scheme proposes car parking on land
previously used as the Green Land Car Park. Given the land will remain as car parking, this policy is not
considered to be relevant.
The application proposed the demolition of No.1 Green Lane (2 bedroom detached dwelling) to
improvement the access into the site. A section of the rear gardens of No.7 and No.9 Green Lane also
forms part of the application site. Whilst the loss of residential dwellings is undesirable, in this case the
main dwelling at No.1 Green Lane is built hard up to the access road that provides access into the former
town centre car park and adjacent Lidl car park. No.1 has a relatively small rear garden, which is enclosed
on two sides by the access road and car park. As a result, the amenities enjoyed by the dwelling are
relatively compromised. The adjacent buildings to the west, No.3 and No.5/5A Green Lane, are
commercial buildings. Beyond these buildings are residential properties including No.7 and No.9 Green
Lane. Given the siting of No.1 Green Lane and the relatively poor quality amenity afforded, it is considered
that the loss of the residential property would not harm the supply of housing in Blackwater or the
District. Given the size of the remaining rear gardens of No.7 and No.9 Green Lane, the change of use to
car parking to facilitate an improved carpark for the food store would be acceptable in principle.
Given the finding of the sequential test and Local Plan policy, the proposal would be acceptable in principle.
Design and Appearance and Impact on the Character of the Area
Saved policies GEN1 (i), and GEN4 permit development where, amongst other requirements, the design,
scale, materials, massing, height, and prominence of the proposal sustain or improve the urban design
qualities of area and are sympathetic to surrounding properties.
The proposed side extension would be located to the southwest of the existing store, bring the store
approximately 19 metres (at the closest point) from the south/southwest boundary of the site. There
would also be a smaller extension to the front of the building.
The proposed side extension would maintain the front building line of the original store as well as maintain
the height/design of the pitched roof of the existing store only dropping down in height over the delivery
bay. The front extension would be smaller located between the front of the store and the car park.
The primary elevation of the proposed extensions, which face onto the car park, would mimic the design of the existing store; plain cladding with regular vertical banding the entire length of the store with the
only detailing at the customer entrance on the northeast end and a small front extension. The existing
building appears dated and the design and siting of the store, set back from the heart of the town centre
with the car park in between, does not positively contribute to the character of Blackwater Town Centre.
The proposal would increase the number of customers and the revenue of the store and provides an
opportunity for Lidl to enhance the appearance of this dated building, to the benefit of their customers
and the town centre as a whole. Despite requests by the Council, Lidl however have declined to enhance
the appearance of the building but rather provide a side extension which elongates the existing bland
façade, providing a large expanse of plain development. The proposed side extension does not therefore
enhance the character or appearance of the existing store. The proposed side extension, by virtue of its
appearance, would not enhance the character of the store and the appearance of Blackwater Town
Centre. Given however the design of the existing store and the set back from the main road, with the car
park in-between, the proposed extensions would not be prominent in the street scene.
The car park would be laid out to provide the maximum amount of car parking spaces, allowing for some
planting within the car parking and around the edge to soften the otherwise large expanse of hardstanding.
A 2 to 2.4 metre acoustic fence would be provided along the western and southern boundary.
The Council considers that the proposal represents a missed opportunity to enhance the appearance of
the site. Whilst the proposed design would not enhance the character of the store and the appearance of
the area, given the design of the existing store and the setback from the main road, the proposal would
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not harm the character and the appearance of Blackwater Town Centre. Therefore the proposal would
comply with saved policies GEN1 and GEN4.
Impact on Residential and Commercial Amenity
Saved policy GEN1 states that proposals for development will be permitted where they:
(ii) avoid any material loss of amenity to existing and adjoining residential, commercial, recreational,
agricultural or forestry uses, by virtue of noise, disturbance, noxious fumes, dust, pollution or traffic
generation.
(iii) cause no material loss of amenity to adjoining residential uses, through loss of privacy, overlooking or
the creation of shared facilities;
Policy GEN6 concerns noisy/un-neighbourly developments and states that "proposals for development
which could create, intensify or expand noisy or noxious uses or which would generate volumes or types
of traffic unsuited to the local area will only be permitted where:
(i) The site is not located where the proposal would have a serious adverse effect on the amenities of
existing housing and other sensitive uses such as schools, or the recreational amenity of quiet areas of
countryside; or
(ii) The proposal incorporates adequate noise abatement measures to alleviate any material loss in
amenity."
The majority of the site is currently used for retail or car parking, therefore the relationship with the
adjoining neighbours is largely established albeit the proposed side extension will change the
characteristics of this relationship.
The proposed side extension would be located to the southwest of the existing store, bring the store
approximately 19 metres (at the closest point) from the south/southwest boundary of the site and
approximately 48 metres from the closest properties in Green Lane. The proposed extension would
maintain separation distances experienced in New Road to the rear, approximately 35 metres. Given the
separation distances there would be no impact from the side or front extension in terms of overlooking,
being overbearing or overshadowing.
The proposed side extension would result in the delivery bay relocating approximately 20 metres closer
to the residential properties on Green Lane. The extension of the car park would also bring the car park use closer to residential properties on Green Lane and New Road. Rear gardens on Green Lane and New
Road are both ample, but at their shortest approximately 20 metres and 24 metres respectively.
The Council's Environmental Health Officer has reviewed the application and following the submission of
additional details, confirmed no objections to the proposal subject to conditions regarding the delivery
and opening hours and restricts on lighting.
Given the siting and the separation distance between the neighbouring properties, it is considered that
the proposed extensions and enlarged car park would not result in any unacceptable impact in terms of
overlooking, overshadowing, overbearance, noise or disturbance provided that the hours of use (opening
hours and delivery hours) and elements of the construction process are controlled via condition.
Therefore subject to conditions, the application would comply with saved policy GEN1.
Impact on Access and Transport Infrastructure
Access:
Local Plan policy GEN1 (vii) and T14 permits development which has adequate arrangements on site for
access, servicing or the parking of vehicles.
The Council's Highways Officer has fully reviewed the application and after initially raising concerns, the
applicants have submitted additional information and have amended the access arrangements to address
these concerns. The Highways Officer is now content that whilst the proposal would increase trip
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generation, the network would not be so negatively impacted as to warrant refusal. The proposed access
has also been subject to a Stage 1 Road Safety Audit. The changes to the access will improve the existing
situation and have the capacity to cope with the proposed increase in vehicular movements.
Given the increase in vehicular movements, it is appropriate to request a Travel Plan to encourage staff
and shoppers to visit the store in more sustainable ways. A Travel Plan focused on staff and shoppers (to
modify their travel patterns in order to decrease the trip rate of the site and as such its impact on the
public highway) is therefore required and this can be conditioned.
The impact of the proposed development on the local highway network is considered acceptable, the
access arrangements are suitable and subject to the provision of a Travel Plan, the application is considered
acceptable in accordance with Local Plan policy T14.
Parking Provision:
Saved policy T14 states that development proposals which accord with other policies of this plan will be
permitted provided that they make adequate provision for internal layout and parking. Hart District
Council's Parking Provision Guidance states that A1 retail use requires 1 parking space per 14 square
metres. The existing total gross floor space of the food store is 1,423 sqm. In accordance with the current
parking guidance, there should be 101 existing parking spaces. There are currently 79 car parking spaces.
The proposal would provide an additional 524 sqm, which would result in a total gross floor space of
1,947 sqm. The proposal increases the on-site parking provision from 79 spaces to 108 spaces, therefore
would fall short of the number of spaces as recommended by Hart District Council's Parking Provision
Guidance.
Lidl undertook a parking survey which highlighted that the car park is currently being used by a large
number of people for purposes other than to shop at Lidl. This high level of use by non-Lidl shoppers
could artificially inflate the parking requirements for the store and, as Lidl have argued, the applicants
should only provide parking facilities directly related to their development and that are fairly
proportionate.
Lidl have also undertaken customer surveys in order to determine the percentage of people who park on site and shop within the store as well as providing comparisons of the parking provisions/standards of
other Lidl stores, to assist in verifying if the proposed number of parking bays would be enough to cater
of the proposed increase in floor space.
The Parking Provision Guidance provides maximum figures not minimum. After detailed assessment of
the additional information and with a travel plan, which will decrease the number of private vehicles to
the development, the Council's Highways Officer has no objections to the level of parking provision
proposed. The former Council Car Park (Green Lane Car Park) was sold approximately two years ago to
Lidl. The car park had not been in use since about 2000. Surveys undertaken at the time confirmed that
there was adequate parking within Blackwater - Lidl car park, Aldi car park, land behind the Town Council
and also Blackwater Station Car Park. It was the decision of the Cabinet to sell the car park given that it
had been out of use for a large number of years and it was considered Blackwater had adequate parking.
Lidl intend to continue to allow local shoppers the use of the car park subject to certain criteria, which
will be confirmed in the Car Park Management Plan (to be conditioned). The car park will therefore
operate informally as town centre parking insomuch that visitors to Lidl will be able to visit other shops
or services within the town centre (undertake linked trips). The Car Park Management Plan will confirm
the maximum stay without penalty and this will deter the use of the car park by commutes (using the
nearby Blackwater railway station) or any other non-town centre uses.
A Construction Management Plan will be conditioned. In this instance the on-site parking provision is
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considered acceptable in accordance with Local Plan policy T14.
Flood Risk and Drainage The application site is located within Flood Zone 1 and therefore at the lowest risk of flooding. The
Council's Drainage Officer has reviewed the application and confirmed no objections to the application
subject to the provision of several conditions. There is a watercourse that runs to the rear of the site and
given that the extension will be constructed within close proximity of this water course, there is a real
risk that during demolition and construction, the banks of the watercourse will be damaged. A condition
to allow the Council to protect the bank during construction is therefore appropriate.
Given that this watercourse is currently blocked, surface water from the application site could not be
discharged into it. The Drainage Officer has recommended that a watercourse maintenance plan be
submitted (through a condition) to ensure that the watercourse is flowing freely. This will prevent the
risk of flooding by ensuring that any surface water discharged by the site is able to drain away.
Subject to the drainage conditions, the proposal would not result in an increased risk of flooding on site
or to adjacent neighbouring properties.
Contamination
The Council's Environment Health Officer has reviewed the application and stated that a condition based
on the DCLG Model condition parts 1 to 4 be applied to any grant of consent. In addition, should any
land contaminants or unexpected ground conditions be identified during site development then the
Environmental Health Department should be notified according.
Contributions/S106
Concerns have been identified (above) regarding the quality of the environment of the existing town
centre and the contribution the proposal makes to the overall appearance.
The Council's Town Centres Study identifies the following shortcoming of Blackwater Town Centre:
- A busy main road dissects the centre, creating an unpleasant shopping environment and making it difficult
for pedestrians to utilise the entire retail offer.
- The centre is out of date and drab, with no defining features and a poor public realm.
- Disjointed and not cohesive centre with different component parts.
The Council have identified a number of schemes to help to improvement the Centre:
1. Re-landscaping and tree planting on prominent amenity areas, including the provision of a suitable tree
for use as a Christmas tree and lights over the festive season.
2. A community Public Clock
3. Refurbishment of Railings along the A30
4. Welcoming signs into Blackwater along A30 and from railway station
5. Litter Bins to ensure the now deep cleaned amenity areas around the retail shops remain clean and
tidy.
Lidl propose to contribute £20,000 towards these town centre improvements. These improvements have
been identified as schemes that would increase the town centre's attractiveness as a local retail destination
and benefit the overall function of the centre. Specifically the schemes would enhance the shopping
environment by making improvements to the public realm and cohesion by creating focal points in the
centre. Increasing the town centre's attractiveness could mitigate against some of the harm that the
proposal could otherwise cause to the town centre.
Any planning obligation should only be sought where they can meet the CIL Regulations 122 tests. In light
of the identified harm caused by the proposed development, the Council has considered whether a
contribution to the town centre improvements listed above would meet the requirements of the NPPF
tests. It is considered that a contribution to the improvements is necessary to make the development
26
acceptable in planning terms; directly relate to the development; and fairly and reasonable relate in scale
and kind to the development.
The Council considers that the S106 contribution proposed by Lidl constitutes a material consideration
in the determination of the application. However as the contribution only addresses concerns identified
regarding the siting/design of development, limited weight can be applied to the contribution when
undertaking the overall planning balance.
Other issues
Ecology
Natural England and the Council's Ecology Officer has reviewed the application and has no objections to
the scheme in terms of ecology.
OVERALL PLANNING BALANCE
In terms of conformity with the Local Plan, the site is located partly in-centre and partly out-of-centre
within the urban settlement boundary. At the heart of the NPPF is a presumption in favour of sustainable
development with specific attention to ensure that applications for town centre uses should be located
within town centres. Only if suitable sites are not available, should edge-of-centre or out-of-centre sites
be considered. Policies should be positive and should support the viability and vitality of town centre
environments. Given this policy background, the application site is assessed based on a balance of the
material considerations 'the planning balance'.
On the benefits side, application site is well connected to the southern side of the town centre. Blackwater
Town Centre is described as generally performing well in respect of its vitality and viability and the
proposed increase in sales area (including comparison floor space) would in part address an identified
need for additional retail floor space and would strengthen and enhance the retail offer and increase
footfall to the town centre. In addition, the proposal would enhance linked trips to the town centre, by
virtue of revised parking restrictions. The proposal would result in an additional 10-15 jobs. These are a
significant benefit to the town centre however due to its localised nature, these benefits must be given
moderate weight.
On the negative side, the site isn't located within the town centre. The proposal would result in a
significant increase in traffic generation, which would have an impact on the surrounding junctions, which are currently under pressure. The proposal doesn't provide for the maximum amount of car parking. The
proposed highways improvements however would mitigate any negative impacts with regards to the
increased trip generation as a result of the increase retail floor space. The Car Parking Management Plan
and the Travel Plan would mitigate any harm as a result of the provision of less than the suggested
maximum amount of car parking spaces. There would be therefore no overall harm.
The proposal would also impact on neighbour amenity. The proposed opening and delivery hours
proposed and the provision of an acoustic fence on the western and southern boundaries, would mitigate
any concerns regarding neighbour amenity. There would be therefore no overall harm.
The proposal represents a missed opportunity to enhance the appearance of the site. Whilst the proposed
design would not enhance the character of the store and the appearance of the area, given the design of
the existing store and the setback from the main road, the proposal would not harm the character and
the appearance of Blackwater Town Centre. The proposed S106 contributions would increase the town
centre's attractiveness. There would be therefore no overall harm.
On balance, taken cumulatively the positive effects of this proposal and in particular the increase in footfall
to the shop and town centre would outweigh the negatives of the proposal, when assessed against the
aims and objectives of the policies of Local Plan and the NPPF, when considered as a whole. Thus, taken
cumulatively, this scheme would accord with the policies and obligations referred to above.
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CONCLUSION
It is considered that the loss of the residential property (No.1 Green Lane) is regrettable but given the circumstances would not harm the supply of housing in Blackwater or the District.
The site is located in an edge-of-centre site but no feasible sequentially preferable town or better
connecting edge-of-centre sites are apparent.
The junction improvements, the provision of a Travel Plan and conditions requiring a car park management
plan is critical to ensuring access by vehicle traffic, public transport, cycle and foot is adequate.
It is considered that the proposed extensions and car park would not result in any unacceptable impact
in terms of overlooking, overshadowing, overbearance, noise or disturbance provided that the hours of
use (opening hours and delivery hours) and elements of the construction process are controlled via
condition. Whilst the design of the proposed side extension would not enhance the character of this
urban site, the S106 contributions would go some way to improvement to quality and appearance of the
Town Centre as a whole. Therefore subject to conditions, the application would comply with saved policy
GEN1.
Subject to the recommended conditions and the legal agreement to secure necessary development
contributions, the proposal is acceptable, taking account of the Development Plan and all other material
considerations as described above.
RECOMMENDATION:
It is recommended, subject to the prior completion of a S106 Planning Obligation, the Head
of Regulatory Services be authorised to GRANT planning permission subject to the following
conditions.
CONDITIONS
1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason
To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).
2 The development hereby approved shall be carried out in accordance with the following plan nos.
and documents:
Proposed Building Plan AD 112
Proposed Roof Plan AD 114
Proposed Boundary Treatments AD 117 Rev B
Proposed Site Plan AD 110 Rev D
Proposed Elevations AD 116
Proposed Site Finishes AD 118 Rev A
Soft Landscaping Proposal PR-011 Rev C
Proposed Lighting Layout 0-2103851 Rev B
Proposed Alternative Access Arrangements 5837.SK01 Rev A
Lidl Blackwater Carpark Ltg Results 23/10/17
Transport Assessment (and Supplementary Note)
Stage 1 Road Safety Audit
Flood Risk Assessment
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Noise Impact Assessment
Design and Access Statement
Planning and Retail Statement Drainage Statement
Lighting Details
Reason
To ensure that the development is carried out in accordance with the approved plans and
particulars.
3 The materials to be used in the construction of the external surfaces of the development hereby
permitted shall match in type, colour, texture and bond, those on the existing building, unless
otherwise agreed in writing by the Local Planning Authority.
Reason
To ensure a satisfactory visual relationship of the new development with the existing building and
to satisfy saved policy GEN1 of the Hart District Local Plan.
4 No work shall take place until details of the means of protection, including method statements
where appropriate, for all trees, hedges, hedgerows and shrubs on site, unless indicated as being
removed, have been submitted to and approved in writing by the Local Planning Authority. The
trees, hedges, hedgerows and shrubs shall be retained and protected in accordance with the
approved details for the duration of works on the site and for at least five years following
occupation of the approved development, unless otherwise agreed by the Local Planning Authority.
Any such vegetation immediately adjoining the site shall be protected on the site in a similar manner
for the duration of works on the site.
Any such vegetation removed without the Local Planning Authority's consent, or which die or
become, in the Authority's opinion, seriously damaged or otherwise defective during such period
shall be replaced and/or shall receive remedial action as required by the Authority. Such works
shall be implemented as soon as is reasonably practicable and, in any case, replacement planting
shall be implemented by not later than the end of the following planting season, with planting of
such size and species and in such number and positions as may be agreed with the Authority in
writing.
Reason
To ensure the continuity of amenity afforded by existing vegetation and to satisfy saved policy
GEN1 of the Hart District Local Plan.
5 Hard and soft landscaping works shall be fully carried out in accordance with the approved details,
including the approved timetable, and to a reasonable standard in accordance with the relevant
provisions of appropriate British Standards or other recognised codes of good practice. The
Council shall be notified in writing of the completion of the scheme or any agreed phase of such
scheme.
Any trees or plants which, within a period of five years after approved completion, are removed,
die or become, in the opinion of the local planning authority, seriously damaged or defective, shall
be replaced as soon as is reasonably practicable with others of similar species, size and number as
originally approved, unless the Council gives its written consent to any variation.
Reason
To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy
GEN1 of the Hart District Local Plan.
6 No development shall take place until full details of the proposed boundary treatments have been
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submitted to and approval in writing by the Local Planning Authority. The proposed fence (of a
minimum height of 2..4m) on the south eastern boundary of the site, adjacent to the stream, and
the proposed fence (of a minimum height of 2..4m adjacent to the residential properties fronting Green Lane) on the south western boundary shall have acoustic properties and will be of a close
boarded continuous construction, with a density of at least 11kg/m2 to suitably mitigate the impact
of the proposed service yard and car park on the adjacent neighbouring dwellings.
Such details will include the siting, design, acoustic performance and construction of the acoustic
fence/barrier. The development shall be carried out and thereafter maintained in accordance with
the approved details, unless otherwise agreed in writing by the Local Planning Authority.
Reason
To ensure the provision of amenity afforded by appropriate boundary treatments and to satisfy
saved policies GEN1 of the Hart District Local Plan.
7 The proposed new extension shall not be occupied until a delivery management plan has been
submitted to and approval in writing by the Local Planning Authority.
The plan shall include:
- Ensure delivery bay doors, gates and shutters are well maintained to minimise noise when opening
and closing.
- Ensure the delivery point and surrounding areas are clear of obstructions so vehicles can
manoeuvre easily.
- Keep doors other than the delivery point closed to ensure noise does not escape.
- Where possible, prepare all empty handling units, salvage and returns behind closed doors.
(Checking they are in the correct condition and position and at the right height before taking them
out will minimise outdoor activity and unnecessary noise.)
- Use rubber matting and buffering on doors where possible to minimise contact between hard
surfaces.
- Service any delivery equipment in advance to minimise noise.
- Make sure the delivery point is ready for the vehicle before it arrives gates and doors should be
open to avoid the vehicle idling.
- Make sure the driver knows the precise location of the delivery point and is aware of any local access issues.
- Last deliveries shall not be allowed in later than 30 minutes prior to closing.
- Details of instructions to be provided to all drivers (to be confirmed with the drivers prior to
any deliveries to site)
The development shall be carried out in accordance with the approved details, unless otherwise
agreed in writing by the Local Planning Authority.
Reason
To protect the amenities of the area and to satisfy saved policy GEN1 in the Hart District Local
Plan
8 The proposed new extension shall not be occupied until a car park management plan has been
submitted to and approval in writing by the Local Planning Authority.
The plan shall include:
- A maximum stay period
- Signage confirming parking arrangements
The development shall be carried out in accordance with the approved details, unless otherwise
agreed in writing by the Local Planning Authority.
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Reason
To provide suitable parking provision and to satisfy saved policy GEN1 in the Hart District Local Plan
9 The proposed new extension shall not be occupied until a Travel Plan (which also addresses
customers as well as staff parking on-site) has been submitted to and approved in writing by the
Local Planning Authority. The Travel Plan shall be implemented in accordance with the timescales
specified therein, to include those parts identified as being implemented prior to occupation and
following occupation, unless alternative timescales are agreed in writing with the Local Planning
Authority. The Approved Travel Plan shall be monitored and reviewed in accordance with the
agreed Travel Plan targets to the satisfaction of the Local Planning Authority.
Reason:
To support sustainable transport objectives including a reduction in single occupancy car journeys
and the increased use of public transport, walking and cycling.
10 No development shall begin until a scheme for protecting the banks of the watercourse during
demolition and construction has been submitted to and approved in writing by the local planning
authority. The development shall be carried out in accordance with the approved details, unless
otherwise agreed in writing by the Local Planning Authority.
The section of the watercourse adjacent to the site shall be protected from any damage or loading
that may result directly from proposed structures or the temporary loading from construction
vehicles and the construction process. Details of the scheme shall include the following details:
1. Existing condition survey of the banks of the watercourse before works adjacent to the
watercourse begin.
2. A detailed plan setting out the risks to the stability of the banks by the proposed works and
construction process and any mitigation measures proposed to minimise these risks.
3. Prior to occupation, a condition survey of the banks of the watercourse post construction must
be submitted to the Local Planning Authority demonstrating that the banks of the watercourse are
no worse than prior to construction.
Reason
To prevent the banks of the watercourse from failing causing a potential blockage on the
watercourse and associated flood risk issues.
11 Development shall not begin until a watercourse maintenance plan has been submitted to and
approved in writing by the local planning authority. The section of the watercourse adjacent to the
site shall then be cleared in accordance to the approved plan and evidence that the watercourse
is flowing freely provided to the Local Planning Authority prior to the surface water drainage
connection into the ditch being installed. The scheme shall subsequently be implemented in
accordance with the approved details for the lifetime of the development.
Reason
To prevent the increased risk of flooding by ensuring that any surface water discharged by the site
is able to drain away
12 Notwithstanding the submitted Drainage Strategy, prior to the commencement of development
confirmation of responsibility of the maintenance plan shall submitted to and approved in writing
by the Local Planning Authority.
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All works must be carried out in accordance with the approved Surface Water Drainage Strategy
and maintained for the lifetime of the development.
Reason:
To prevent the increased risk of flooding and to satisfy saved Policy GEN11 of the Hart District
Local Plan
13 All external lighting shall be provided in accordance with the approved details. All external car
park lighting shall be timed to extinguish no later than thirty minute later than the closing time of
the store.
Reason
To comply with the National Planning Policy Framework and saved Local Plan policy GEN1.
14 No development shall take place including any works of demolition until a construction method
statement has been submitted to and been approved in writing by the Local Planning Authority.
The approved statement shall be adhered to throughout the construction period. The statement
shall provide for:
- Parking of vehicle of site operatives and visitors
- Routes for construction traffic
- Method of prevention of mud being carried onto highway
- Pedestrian and cyclist protection
- Proposed temporary traffic restrictions
- Arrangements for turning vehicles
- Any opportunity to allow the use of the car park for public use during the construction process
Reason
In the interests of safe operation of the highway, to protect the amenities of the area and to satisfy
saved policy GEN1 of the Hart District Local Plan
15 No development or demolition work or delivery of materials shall take place at the site except
between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No development or demolition work or deliveries of materials shall take place on Sundays or Public
Holidays.
Reason
To protect the amenity of nearby residential occupiers and to satisfy saved policy GEN1 of the
Hart District Local Plan.
16 Unless otherwise agreed by the Local Planning Authority, development other than that required
to be carried out as part of an approved scheme of remediation must not commence until
conditions 1 to 4 have been complied with. If unexpected contamination is found after
development has begun, development must be halted on that part of the site affected by the
unexpected contamination to the extent specified by the Local Planning Authority in writing until
condition 4 has been complied with in relation to that contamination.
A. Site Characterisation
An investigation and risk assessment, in addition to any assessment provided with the planning
application, must be completed in accordance with a scheme to assess the nature and extent of
any contamination on the site, whether or not it originates on the site. The contents of the scheme
are subject to the approval in writing of the Local Planning Authority. The investigation and risk
assessment must be undertaken by competent persons and a written report of the findings must
32
be produced. The written report is subject to the approval in writing of the Local Planning
Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
- human health,
- property (existing or proposed) including buildings, crops, livestock, pets, woodland and service
lines and pipes,
- adjoining land,
- groundwaters and surface waters,
- ecological systems,
- archeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model
Procedures for the Management of Land Contamination, CLR 11'.
B. Submission of Remediation Scheme
A detailed remediation scheme 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 must be prepared, and is subject to the approval in writing of the Local
Planning Authority. The scheme must include all works to be undertaken, proposed remediation
objectives and remediation criteria, timetable of works and site management procedures. The
scheme must ensure that the site will not qualify as contaminated land under Part 2A of the
Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
C. Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless
otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be
given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification
report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the
remediation carried out must be produced, and is subject to the approval in writing of the Local
Planning Authority.
D. Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development
that was not previously identified it must be reported in writing immediately to the Local Planning
Authority. An investigation and risk assessment must be undertaken in accordance with the
requirements of condition 1, and where remediation is necessary a remediation scheme must be
prepared in accordance with the requirements of condition 2, which is subject to the approval in
writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification
report must be prepared, which is subject to the approval in writing of the Local Planning Authority
in accordance with condition 3.
33
Reason:
In the interests of public amenity and to ensure that any contamination on the site is adequately
dealt with.
17 Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) Order 1995 (or any Order revoking and re-enacting that Order), there shall be no
provision of Class A1 retail floor space in excess of 2,032 sqm (GEA), neither shall there be any
subdivision of the sales floor, nor provision of ancillary or subsidiary retail units within that sales
floor without the written consent of the Local Planning Authority,
Reason
In order to limit the scale of the building in accordance with the terms of the application and to
satisfy saved Local Plan policy GEN1.
18 Nothing shall be stacked, stored or displayed for sale on the site at any time except within any
buildings or storage areas shown on the approved plans.
Reason
To protect the amenities of the area and to maintain adequate landscaping, parking and turning
areas for vehicles and to satisfy saved policy GEN1 in the Hart District Local Plan.
19 The proposed retail unit shall not open outside of these hours; 08:00 hours to 22:00 hours Monday
to Saturday and Bank Holidays and 10:00 hours to 17:00 hours Sunday.
Reason
To protect the amenity of adjoining residential properties and to comply with policy GEN1 of the
Hart Local Plan.
20 No deliveries or despatches from the premises, including the loading and unloading of goods
vehicles, shall take place outside the hours of 08.00 to 20.00 Mondays to Saturdays or outside the
hours of 10.00 - 16.00 on Sundays and Bank Holidays.
Reason In the interests of residential amenity and in accordance with saved Local Plan policy GEN1.
21 Unless otherwise agreed in writing by the Local Planning Authority, the following restrictions apply
to the operations of the proposed service yard/store:
The restriction of HGV deliveries to three per day
Tonal reversing alarms shall not be used between the hours of 20.00 and 08.00
All vehicle engines shall be switched off when parked or at an unloading bay and remain off until
ready to leave the store.
All refrigeration units on lorries shall be switched off prior to the vehicle entering the service yard.
The application site as a whole shall not be used for the overnight parking of vehicles running
refrigeration or charging units.
All unloading bays shall be fitted with a docking system that will form an airtight seal whilst
unloading or loading is taking place.
There shall be no unloading except at the properly constructed unloading bays.
There shall be no use of compactors, or similar equipment, or fork lift trucks or similar noise
producing vehicles, outside of the store opening hours.
There shall be no movement of trolleys, goods pallets, or roll cages in the service yard outside of
the store delivery hours.
Reason
34
In the interests of residential amenity and in accordance with saved Local Plan policy GEN1.
22 The extension shall not be opened for trade until the vehicular access has been provided in accordance with the approved details. Unless otherwise agreed in writing with the Local Planning
Authority, the details submitted shall accord with the details already agreed in principle on drawing
no. 5837.SK01 revision A.
Reason
In order to ensure satisfactory access to the development and to comply with saved policy GEN1
and T14 of the Hart Local Plan.
23 The extension shall not be opened for trade until the approved parking and turning facilities have
been constructed in accordance with the approved details and thereafter used for the only purpose
of parking and turning of motorised vehicles, and access shall be maintained at all times for them
to be used as such.
Reason:
In order to ensure satisfactory parking facilities for the development and to comply with saved
policy GEN1 and T14 of the Hart Local Plan.
24 The extension shall not be opened for trade until the approved cycle storage facilities have been
constructed in accordance with the approved details. The approved cycle storage facilities shall
not be used for any purpose other than the storage of cycles.
Reason
To ensure that the development is provided with adequate cycle storage and to satisfy saved policy
GEN1 in the Hart District Local Plan.
INFORMATIVES
1 The watercourse on site is classified as 'ordinary watercourse'. As such, under the terms of the
Land Drainage Act 1991 and the Floods and Water Management Act 2010, the prior consent of
the Lead Local Flood Authority (Hampshire County Council) is required for any proposed works
or structures, in the watercourse. Please contact [email protected] for further details.
2 The Council works positively and proactively on development proposals to deliver sustainable
development in accordance with the NPPF. In this instance:
The applicant was advised of the necessary information needed to process the application and,
once received, the application was acceptable and no further engagement with the applicant was
required.
35
COMMITTEE REPORT
ITEM NUMBER: 102
APPLICATION NO. 17/02451/FUL
LOCATION 38 Award Road Church Crookham Fleet GU52 6HG
PROPOSAL Erection of detached dwelling on land to rear with new access and
associated parking
APPLICANT Mr & Mrs Stewart
CONSULTATIONS EXPIRY 3 November 2017
APPLICATION EXPIRY 7 December 2017
PLANNING COMMITTEE
WARD MEMBER
Cllr James Radley
RECOMMENDATION Grant
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty’s
Stationery Office © Crown Copyright 2000. Unauthorised reproduction infringes Crown Copyright
and may lead to prosecution or civil proceedings. Please Note: Map is not to scale
36
Site Plan
37
Proposed Floor Plans
Proposed Elevations
38
BACKGROUND
This application has been requested to attend the planning committee by Cllr James Radley to consider the impact on neighbours and to fully assess the impact on downstream flooding.
THE SITE
The application site is located on the north-west side of Award Road. The area is residential in nature
and is characterised by bungalows and two storey chalet style dwellings. Opposite the site is Curtis Court
which is a 2-storey flatted development.
The site comprises of a bungalow with the frontage being fairly open in character and laid in gravel. The
rear garden is enclosed on both sites with a 1.8m high fence.
There are level changes across the rear of the site with an approximately 600mm drop in ground levels
sloping south to north. The front is generally flat. The existing plot is approximately 25m in width and
106m in length.
The site is not located within a Conservation Area, nor is it covered by an Article 4 Direction.
PROPOSAL
The application seeks planning consent for the sub-division of the plot to create a second detached
dwelling on land to rear of the existing. The proposals include a new access and associated parking.
The proposed dwelling house would measure approximately 11.2m in length, 11.5m in depth (including
single storey elements) and have an overall height of 7m.
At the closest point, the proposed dwelling house would measure approximately 10m from the rear
boundary of the site. The proposed dwelling house would be 1.7m away from the common boundary
shared with No.36 Award Road and 8.4m away from the common boundary shared with No.40 Award
Road.
The plans demonstrate that three car parking spaces can be provided for the proposed dwelling with four
spaces to be retained for the existing property.
The application has proposed the following materials:
Brickwork: Wienerberger Amberley Red Multi and Weber K render finish M041 Cream
Roof: Concrete roof tiles
Windows and Doors: Grey UPVC Double Glazed by Kloeber or similar
CONSULTEES RESPONSES
Fleet Town Council
OBJECTION
‘ Back garden development
‘ Culvert should be straight not dog-legged it will inhibit hydraulic capacity and be prone to clogging with
debris
‘ No measures identified to protect trees during construction
‘ Plans show large area of hard standing increasing surface water run off into stream which could
exacerbate downstream flooding.
‘ Loss amenity/privacy to neighbouring property due to overlooking
39
‘ Concern that the new access road may lead to developing of other back gardens in the road.
Drainage (Internal)
No Objections subject to conditions
Highways
No highway objection to the proposal as it is shown on plans, subject to conditions.
Tree Officer (Internal)
The submitted Arboricultural Implication Assessment and Arboricultural Method Statement are
considered satisfactory and demonstrates an acceptable layout. As such I offer no objection to the
application provided that the development is carried out in accordance with the submitted details. If this
is made a condition of consent, please do not discharge that condition until you receive a satisfactory tree
protection completion statement following completion of the development in order to demonstrate
compliance with the submitted tree protection measures throughout the development.
Ecology Consult (Internal)
I have no record of protected species on the site and the proposals will not directly affect any designated
sites of nature conservation value. I am only able to comment on what exits on the site at present and
not what may have been there prior to any clearance works.
The protected species surveys found no constraints to this application in that respect. Given what is being
proposed there are opportunities for enhancement as outlined in the NPPF. These may comprise the
provision of swift bricks in the new build, bat boxes, bird boxes and appropriate planting.
I have no objection to this application on the grounds of biodiversity subject to a plan detailing ecological
enhancements being submitted to (and agreed with) the local authority prior to any work commencing.
NEIGHBOUR COMMENTS
There have been 14 (22 comments in total) separate letters of representations which relate to: flooding,
ecology, trees, character of area, plot size, setting precedent, overlooking.
Hart District Council Local Plan (Replacement) 1996 – 2006
GEN1 - General policy for development
GEN4 – General Design Policy
URB1 - Definition of Areas
URB12 - Residential Development Criteria
GEN11 - Areas affected by flooding-poor drainage
T14 - Transport and Development
40
CON8 - Trees, Woods & Hedgerows Amenity Value
CON5 – Nature conserv Species Protected
South East Plan 2006 – 2026
NRM6 - Thames Basin Heaths Special Protection Area
CONSIDERATIONS
Principle of Development
The site lies within the urban settlement boundary of Fleet. Saved policy URB12 allows residential
development provided that it is sympathetic in scale, design, massing, height, layout, siting and density. As
such the principle of development is acceptable subject to meeting the relevant criteria.
Design and impact on the character of the area
Saved policy GEN 1 of the Local Plan permits development where, amongst other requirements, the scale,
massing, design, height and prominence of the proposal is in keeping with the local character and surrounding properties.
Saved policy GEN 4 of the Local Plan is a general policy relating to the design of developments. It states
that development proposals will be permitted where, amongst other requirements, the scale, design,
character and appearance sustains or improves the design qualities of its surrounding area.
Saved policy URB 12 of the Local Plan allows new residential development provided, amongst other
considerations, the proposal is sympathetic in scale, design, massing, height, layout, siting and density both
in itself and in relation to adjoining buildings, and the proposal does not result in material loss of amenity
to adjoining residents;
The existing property is a chalet style bungalow set centrally within its plot.
The proposal is for the erection of a four bed dwelling house located to the rear of No.38 Award Road.
The dwelling itself would be a chalet style bungalow, similar in height to the existing property within the
plot.
The proposed dwellings will be of a design and position that will sit comfortably within the area and will
not give rise to any adverse issues. The plots have been designed in such a way to respect the properties
located adjacent to them and as such they will not give rise to any adverse impact.
It is worth noting that there has been a recent appeal allowed within the vicinity at No.33 Basingbourne
Road (APP/N1730/W/16/3166130) for a similar style development whereby the inspector concluded that
'backland type' development was considered acceptable and would not give rise to having a detrimental
impact on the character and appearance of the area. The inspector also included that the site would not
represent overdevelopment and would have sufficient amenity provision within the plot.
Overall, therefore, the proposed development is considered to reflect the character of the surrounding
area, which comprises a variety of house types of different sizes, and would not be harmful to the
appearance of the area due to its scale, massing, prominence, layout or density and as such would be in
accordance with relevant development plan policy requirements and would represent a high quality development as required by the NPPF.
41
Impact on neighbour amenity
Saved policies GEN1 and URB12 state that proposals will only be permitted where they avoid the material loss of amenity to existing and adjoining residential uses and cause no material loss of amenity to adjoining
residential uses through loss of privacy, overlooking or the creation of shared facilities.
In terms of overlooking, to the rear there would be a variety of window openings however the nearest
neighbouring properties to the rear would be located some 40m away from the rear boundary of the site.
To the front No.38 would be located approximately 22m. There are no proposed windows on the first
floor elevations of the dwelling house. To minimise the impact of overlooking on No.36 3x velux windows
have been proposed in the roof slope which would serve non habitable rooms (en-suite, bathroom and
landing), this would therefore not give rise to overlooking. The first floor rear elevation would
accommodate 3x bedroom windows. The dwelling to dwelling distance would be considered acceptable
in this instance with approximately 50m away from the rear elevation of the dwelling house. In order to
fully ensure that amenity is protected a condition can be attached to any consent for the proposed
bathroom windows to be constructed in obscure glazing and for no further windows to be installed
without prior approval of the Local Planning Authority.
In terms of daylight and sunlight it is considered that due to the position of the dwelling in relation to the
neighbouring properties there would be no significant impact in terms of neighbour amenity.
Overall, it is not considered that the proposed development would be likely to adversely affect the
residential amenities of the occupiers of neighbouring properties.
Access and Parking
Saved policy GEN1 (vii) permits development which has adequate arrangements on site for access,
servicing or the parking of vehicles. Saved policy T14 states that development must have adequate
provision for highway safety, access and internal layout and parking.
The Council's Highways Officer raised an objection to the proposal subject to conditions. There will be
adequate car parking for the new dwelling including the existing property on site.
Therefore the proposal would comply with saved policies GEN1 and T14.
Impact on Trees
Saved policy CON8 states that where development is proposed which would affect trees, woodlands or
hedgerows of significant landscape or amenity value planning permission will only be granted if these
features are shown to be capable of being retained in the longer term.
The Council's Tree Officer was consulted and raised no objections to the proposal subject to adequate
tree protection measures being undertaken prior and during works at the site.
Impact on ecology
Saved policy CON5 states that planning permission will not be granted for development that would have
a significant adverse effect on plant or animal species or their habitats protected by law unless conditions
are attached or planning obligations entered into requiring the developer to secure their protection.
The Council's Ecologist was consulted and raised no objection to the proposal on the basis that there are
no record of protected species on the site and that the proposals will not affect any designated sites of
nature conservation value.
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Therefore the proposal would comply with saved policy CON5.
Impact on Flooding
This site is in Flood Zone 1 with a low risk of Main River Flooding and groundwater flooding. However,
the site is at high risk of surface water flooding from the ordinary watercourse on site and foul flooding
from the foul sewer opposite the site. Four of the neighbouring properties have reported flooding in 2015
and one in 1990. Some of these properties have flooded 6 times in as many years with foul sewer flooding
being a particular problem.
The application involves culverting the ordinary watercourse with a pipe that contained two right angle
bends to create the access. The applicant has provided evidence of having already obtained consent from
Hampshire County Council (Local Lead Flood Authority) for these works to the Ordinary Watercourse.
There have been concerns raised by residents about localised flooding including downstream flooding as
a result of the proposal and the proposed culverting. However HCC when granted Ordinary
Watercourse Consent would have considered the proposed works and the impact downstream
according. Had HCC been dissatisfied with the proposals consent would have been withheld.
Since there is an ordinary watercourse on site we are happy that some form of surface water drainage
should be achievable and this issue could be covered by condition.
The proposed property would be connected to the public sewer network and a new inspection chamber
will be installed.
Confirmation from the agent indicates that the finished floor levels will be at least 300mm and flood
resistant measures including flood doors, automatically closing air brick covers and non-return valves will
be installed. The foul would involve laying a new inspection chamber and connecting to the foul sewer on
Basingbourne Road.
Given the above, the Council's drainage Engineer is satisfied with the submitted details subject to
conditions securing further details relating to the surface water drainage strategy, ensuring that finished
floor levels are appropriate and flood resilience measures are put in place.
Therefore subject to suitable drainage conditions, the proposal would comply with saved policy GEN11.
Impact on the Thames Basin Heaths Special Protection Area (TBH SPA)
Saved local plan policies CON1 and CON2 relate to the Thames Basin Special Protection Area (SPA) and
state that development which would adversely affect the nature conservation value of a site will only be
permitted if it can be subject to conditions that will prevent damaging impacts on wildlife habitats or other
natural features of importance on the site or if other material factors are sufficient to override the nature
conservation interest. South East Plan policy NRM6 requires adequate measures to avoid or mitigate any
potential adverse effects on the Thames Basin Special Protection Area (SPA).
The SPA is a network of heathland sites which are designated for their ability to provide a habitat for the
internationally important bird species of woodlark, nightjar and Dartford warbler. The area is designated
as a result of the Birds Directive and the European Habitats Directive and protected in the UK under the
provisions set out in the Habitats Regulations. These bird species are particularly subject to disturbance
from walkers, dog walkers and cat predation because they nest on or near the ground.
Natural England has indicated that it believes that within 5km of the SPA additional residential development
in combination will have a significant effect on the SPA. Thus without mitigation any proposal is contrary
to the Conservation of Habitats and Species Regulations 2010.
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In April 2008 the Thames Basin Heaths Joint Strategic Partnership agreed a Thames Basin Heaths Delivery
Framework to enable the delivery of housing in the vicinity of the SPA without that development having
a significant effect on the SPA as a whole. The delivery framework is based on avoidance measures and the policy indicates that these measures can take the form of areas of open space known as Suitable
Alternative Natural Greenspace (SANG). The policy also states that local authorities will collect developer
contributions towards mitigation measures including the provision of SANGs land and joint contributions
to the funding of Strategic Access Management and Monitoring (SAMM) the effects of mitigation measures
across the SPA.
The applicant still needs to secure SANGs mitigation. Given the concerns raised and the fact that this
application has been referred to Committee it is recommended that the applicant is given 3 weeks post
Committee decision to secure SANGs and SAMM mitigation. As the site is located within the settlement
boundary of Fleet and Church Crookham then there is policy support in principle for this proposals as
such the scheme would qualify for SANGs from Bramshott Country Park if Committee resolves to grant
planning permission. If however, the applicant fails to secure SANG/SAMM mitigation in that timeframe
then the application should be refused.
It is no longer possible to impose a Grampian Condition to a planning permission to deal with this issue
as the Planning Policy Guidance Note states that such conditions are only appropriate in complex or
strategic sites; this proposal is neither. The SPA mitigation must be secured before the final determination
of any planning application as the test in the Habitats Regulations 2017 requires the decision take to be
satisfied that there would be no significant effect on the Thames Basin Heaths SPA before planning
permission is granted. It therefore follows that the appropriate SPA mitigation must be secured prior to
planning permission being issued.
CONCLUSION
The principle of the development is acceptable under the current saved policies of the local plan. It is
considered that the proposed development would be acceptable in design and that there would be no
material detrimental impact on the character of the area, neighbour amenity or trees. There would be
sufficient parking and access facilities. The proposal therefore complies with the relevant saved plans of
the Hart District Local Plan.
RECOMMENDATION - Approve with Pre Conditions
A The Head of Regulatory Services be authorised to GRANT PERMISSION subject to the
completion of a Habitats Regulation Application to secure off site management and provisions for
open space as set out in the Habitats Regulations AND subject to the following conditions:
CONDITIONS
1. The development hereby permitted shall be begun before the expiration of one year from the date
of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended) and
to prioritise delivery of housing given the limited supply of SANG at Hart District.
2. The development hereby permitted shall be carried out in accordance with the following approved
plans:
Location Plan
Site Plan
Proposed Floor Plans
Proposed Elevations
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Ecology Report - Phase 1
Additional Ecological Statement
Flood Risk Assessment Design and Access Statement
Appendix 6 - Tree Constraints Plan
Appendix 7 - Tree Protection Plan
Reason: To ensure that the development is carried out in accordance with the approved details.
3. Development shall not begin until a surface water drainage scheme for the site, based on
sustainable drainage principles and an assessment of the hydrological and hydro geological context
of the development, has been submitted to and approved in writing by the local planning authority.
The scheme shall subsequently be implemented in accordance with the approved details before
the development is completed.
The scheme shall also include:
' Where infiltration is proposed, full infiltration tests in accordance to BRE 365 including
groundwater strikes.
' Detail drawings of the proposed drainage system including details as to where surface water is
being discharged to.
' Calculation confirming that the proposed drainage system has been sized to contain the 1 in 30
storm event without flooding and any flooding in the 1 in 100 plus climate change storm event will
be safely contained on site.
' Calculations showing the existing runoff rates and discharged volumes for the 1 in 1, 1in 30 and
1 in 100 storm events and calculations for the proposed runoff rates and discharged volumes for
the 1 in1, 1 in30 and 1 in 100 plus climate change storm events. To be acceptable proposed runoff
rates and discharge volumes must be no higher than existing.
Reason: to prevent onsite and offsite flood risk from increasing from the proposed drainage system
4. No development shall take place until the vehicular access and dropped kerb has been given
consent by Hampshire County Council as Highway Authority. The access shall thereafter be implemented prior to first occupation in accordance with the approved details. Unless otherwise
agreed in writing with the Local Planning Authority, the details submitted shall accord with the
details already agreed in principle on plan no. 2015/02 revision E.
Reason: In the interest of highway safety and to satisfy local policies GEN1 and T14.
5. No development or demolition work or delivery of materials shall take place at the site except
between 07:30 hours to 18:00 hours weekdays or 08:00 to 13:00 hours Saturdays. No
development or demolition work or deliveries of materials shall take place on Sundays or Public
Holidays.
Reason: To protect the amenity of nearby residential occupiers and to satisfy saved policy GEN1
of the Hart District Local Plan.
6. No development shall take place until a Construction Method Statement for that phase has been
submitted to, and approved in writing by, the Local Planning Authority. The approved Statement
shall be adhered to throughout the construction period. The Statement shall 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 security hoarding;
e) wheel washing facilities and the dispersal of waste water;
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f) measures to control the emission of dust and dirt during construction;
g) a scheme for recycling/disposing of waste resulting from demolition and construction
works; and h) details of the site office/compound, if any.
Reason: In the interest of highway safety.
7. Prior to commencement the development hereby permitted shall undertake the following
measures unless agreed in writing by the Local Planning Authority:
'Provide evidence that the existing finished floor levels are set no lower than 300mm surrounding
ground levels.
'Provide details of passive flood resistant measures to be provided up to 900mm above the
surround ground levels.
'If flood resistant measures are used, a maintenance plan setting out all maintenance requirements
for the proposed flood resistant measures, including details of who is responsible for their up keep.
Reason: to minimise the impact of surface water flooding on site users.
8. Development shall not begin until a scheme for protecting the culverted watercourse during
demolition and construction has been submitted to and approved in writing by the local planning
authority. The section of the watercourse and culvert adjacent to the site shall be protected from
any damage or loading that may result directly from proposed structures or the temporary loading
from construction vehicles and the construction process. Details of the scheme shall be provided
to the Local Planning Authority prior to the commencement along with the following details:
1. Existing condition survey of the watercourse culvert before works adjacent to the watercourse
begin.
2. A detailed plan setting out the risks to the stability of the banks by the proposed works and
construction process and any mitigation measures proposed to minimise these risks.
3. Prior to occupation, a condition survey of the watercourse culvert post construction must be
submitted to the Local Planning Authority demonstrating that the banks of the watercourse are no worse than prior to construction.
Reason: To prevent damage to the watercourse culvert during construction causing a potential
blockage on the watercourse and associated flood risk issues.
9. The approved parking and turning facilities shall be implemented prior to first occupation and
thereafter used for the only purpose of parking and turning of motorised vehicles, and access shall
be maintained at all times for them to be used as such.
Reason: To ensure that the development is provided with adequate parking to prevent the
likelihood of on-street parking of motorised vehicles and to satisfy local policies GEN1 and T14.
B In the event that the requirements as set out in Recommendation A above are not progressed to
the satisfaction of the Head of Regulatory Services by 04.04.18, the application be REFUSED for
the following reason:
1 The site is located within 5km of the Site of Special Scientific Interest (SSSI) which forms part of
the Thames Basin Heaths Special Protection Area (SPA). In the absence of any evidence that the
test of no alternatives under Regulation 62 of The Conservation of Habitats and Species
Regulations 2017 can be satisfied, or evidence that there are grounds of overriding public interest,
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the proposed development, either alone or in combination with other plans or projects, would be
likely to have a significant adverse effect on the SPA. As such the proposal is contrary to saved
policies CON1 and CON2 in Hart District Local Plan, and policy NRM6 in the South East Plan.
INFORMATIVES
1. Hart District Council have developed a new tool called the 'Surface Water Flooding Proforma'
to help small scale developments in area at risk of surface water flooding to quickly and easily
mitigate the flood risk to and from their development. This tool can be accessed online at:
https://www.hart.gov.uk/Current-planning-policy-guidance and is under the section entitled
'Surface Water Flood Proforma'. If you used this tool, please consider filling in the developer's
survey as well as your feedback on the tool will help us improve this tool further.
2. The applicant is advised that under the Wildlife and Countryside Act 1981 and the
Conservation of Habitats and Species Regulations 2010, bats are a protected species and it is illegal to intentionally or recklessly damage, disturb or destroy a bat or its habitat. If any
evidence of bats is found on site, Natural England must be informed and a licence for
development obtained from them prior to works continuing. For further information go to
www.naturalengland.org.uk or contact Natural England (S.E. regional office) on 0238 028 6410.
3. The Council works positively and proactively on development proposals to deliver sustainable
development in accordance with the NPPF. In this instance: The applicant was advised of the
necessary information needed to process the application and, once received, the application
was acceptable and no further engagement with the applicant was required.
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COMMITTEE REPORT
ITEM NUMBER: 103
APPLICATION NO. 17/02357/FUL
LOCATION 141-145 Clarence Road Fleet GU51 3RR
PROPOSAL Demolition of existing former Red Cross building and garage and
erection of a new building housing 8 self-contained flats with
associated parking, cycle storage and bin storage areas (Updated
SuDS and Drainage Report received 30.01.2018)
APPLICANT Mr R PATEL
CONSULTATIONS EXPIRY 3 November 2017
APPLICATION EXPIRY 5 December 2017
WARD Fleet Central
RECOMMENDATION Grant
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's
Stationery Office © Crown Copyright 2000. Unauthorised reproduction infringes Crown Copyright
and may lead to prosecution or civil proceedings. Please Note: Map is not to scale
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Site Plan
49
Proposed Elevations
50
Proposed Floor Plans
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BACKGROUND
This application has be referred to the Planning Committee for determination by the Planning Committee
at the discretion of the Head of Regulatory Services due to the number of representations received from
local residents and to allow the issues raised by local Members to be considered by the Committee.
THE SITE
The application site has an area of around 0.09 hectares and is located to the south-east of Clarence Road,
between its junctions with Reading Road South and Upper Street, in Fleet.
The site is currently occupied by a detached single storey former Red Cross building, a detached double
garage building and associated car parking areas.
The site lies in a predominantly residential area, comprising a mix of detached, semi-detached and terraced
properties and made up of single and two-storey dwellings.
A Tree Preservation Order (TPO 461) protects a lime tree to the front of the site and a group of three
lime trees along the rear boundary of the site.
The site lies within the designated settlement area of Fleet as shown on the Local Plan Proposals Map.
PLANNING HISTORY
95/00878/FUL - Demolition of existing Red Cross Centre and dwelling (No.145) and construction of new
single storey centre with 12 parking spaces - Approved 21.12.1995
16/00797/FUL - Demolition of existing buildings and erection of 2 no. semi-detached 2 bedroom houses
and 3 no. 2 bedroom terraced houses with associated parking, garden, refuse and cycle storage - Refused
04.04.2017
PROPOSAL
The application seeks permission to demolish the existing buildings on the site and to erect a single two-
storey building to provide eight self-contained two-bedroom flats, four at ground floor level and four at
first floor level.
The development would be provided with 10 on-site car parking spaces, along with cycle parking facilities
(for 16 bicycles) and bin storage and recycling facilities.
The proposed building would have a maximum height of 9 metres and a floor area of 628 square metres
(314 square metre footprint). The development would be constructed of brick and off white render with
a tiled roof. The buildings to be demolished have a maximum height of 6.3 metres and a footprint of 311.3
square metres.
CONSULTEES RESPONSES
Fleet Town Council
Initial Comments:
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OBJECTION - Overdevelopment; Out of keeping with street scene; Parking is inadequate 8 spaces for 8
two bedroomed flats is not enough; Parking inadequacy should not be ignored, residents have commented
on the lack of on-street parking; Bin storage is inadequate for number of flats; Tree should be TPOd; Garden to rear is not as big as shown on photos, lack of amenity space.
Comments in respect of amended proposal:
Previous comments stand - OBJECTION - Parking is inadequate under Harts standards; Out of keeping
with street scene; Concern about privacy ' public view from the pavement; Bin storage is impractical and
unsightly - an impression of a view of the site from the pavement should be submitted.
Thames Water
No objection. Confirm that surface discharge rates from this site are acceptable. Indicate that the surface
water hierarchy has been followed but the developer must ensure surface flows only connect to a surface
water system.
Drainage (Internal)
Comments awaited on updated drainage information.
Ecology (Internal)
Confirms that the bat survey found no evidence that the existing building supports a bat roost. On this
basis, no objections are raised to this application providing the recommendations in the ecology report
are implemented in full.
Highways (Internal)
Initially raised concerns, but following the increase in proposed on-site parking provision has confirmed
that the proposal, as amended, would not give rise to any detrimental impact in highway safety terms. No
objections are raised subject to the imposition of appropriate conditions.
Tree Officer (Internal)
Confirms that the submitted Arboricultural Implication Assessment is considered satisfactory and
demonstrates an acceptable layout given that the current scheme provides communal amenity space for
the residents away from the canopies of the amenity trees overhanging the rear boundary. As such no
objection is raised to the application provided that a satisfactory site specific arboricultural method
statement is submitted as a condition of consent and that the development is carried out in accordance
with the submitted tree protection measures.
Waste (Internal)
No objection.
NEIGHBOUR COMMENTS
12 letters of objection have been received from the occupiers of 11 properties in Clarence Road raising
the following issues:
Insufficient car parking proposed;
Pedestrian safety issues related to additional on street parking;
Overdevelopment of the site;
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Insufficient provision of storage space for waste;
Nuisance from smell associated with waste storage;
Data used by Highways Officer is misleading.
Councillors Gray, Oliver and Forster have raised objections to the proposal on the following grounds:
Proposal should not be given consent unless adequate parking can be provided;
Overdevelopment of site and impact on street scene;
Lack of amenity space;
Bin storage is inadequate.
POLICY AND DETERMINING ISSUES
Hart District Council Local Plan (Replacement) 1996 – 2006
GEN1 - General Policy for Development
GEN4 - General Design Policy
GEN11 - Areas Affected by Flooding or Poor Drainage
CON1 - Nature Conservation - European Designations
CON2 - Nature Conservation - National Designations
CON5 - Species Protected by Law
CON8 - Trees, Woodland & Hedgerows: Amenity Value
URB12 - Residential Development: Criteria
T14 - Transport and Development
South East Plan 2006 – 2026
NRM6 - Thames Basin Heaths Special Protection Area
CONSIDERATIONS
Principle of Development
The site is located within the settlement area of Fleet as identified on the proposals map of the Hart
District Local Plan (as saved). Within the settlement area the principle of residential development is acceptable as set out in policy URB12 subject to other criteria.
History: Previous Refusal:
Permission was refused in April 2017, under delegated powers, for the redevelopment of the site to
provide five dwellings on the site. This application was refused on four grounds – lack of mitigation in
respect of the impact of the development on the Thames Basin Heaths Special Protection Area; design
grounds; lack of tree protection details; and lack of drainage information. The current application has
sought to address these issues and the relevant matters are discussed below.
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Design and Character of the Area
Saved policy GEN1 of the Local Plan permits development where, amongst other requirements, the scale,
massing, design, height and prominence of the proposal is in keeping with the local character and
surrounding properties.
Saved policy GEN4 is a general policy relating to the design of developments. It states that development
proposals will be permitted where, amongst other requirements, the scale, design, character and
appearance sustains or improves the design qualities of its surrounding area.
Saved policy URB12 allows for new residential development provided, amongst other considerations, the
proposal is sympathetic in scale, design, massing, height, layout, siting and density both in itself and in
relation to adjoining buildings, and the proposal does not result in material loss of amenity to adjoining
residents;
Whilst the character, design and appearance of development is varied on Clarence Road due to its length,
in the immediate vicinity of the application site the street is made up of a mixture of terraced dwellings,
semi-detached and detached dwellings. There are bungalow and dormer bungalow type dwellings adjacent
to the site. Some existing properties have garden areas to the front but others do have parking areas.
Those properties without on-site parking utilise parking on the main highway via designated residents
parking bays.
The application proposes to demolish an existing single storey building and detached garage to facilitate
the erection of a single two-storey block containing eight two-bedroom flats. The design of the proposed
dwellings is considered to appropriately reflect the varied character of the local area. The proposed
building would have a length of 27 metres fronting onto Clarence Road and would be set back into the
site by a minimum of 9 metres from the back edge of the footway with parking and landscaped areas to
the front of the building. In comparison, the existing terrace of two-storey development comprising 188-
194 Clarence Road has a frontage of 31 metres to the street.
The proposed development would have a maximum height of 9 metres to the ridge and 5.5 metres to the
eaves, compared to the 6.3 metre height of the existing building. In comparison the immediately adjacent dwellings at 139 and 147 Clarence Road have maximum heights of 5.67 metres and 5 metres respectively.
However, these units are a dormer bungalow and bungalow. The dwellings at 151 and 151a Clarence
Road are considered to more appropriately reflect the local character and these two-storey dwellings
have a maximum height of 9.2 metres.
Car parking is proposed to the front of the property with 6 spaces located to the north-east of the lime
tree and 4 spaces located to the south-west. As a result, the new building would be set back into the
behind the adjacent dwellings to either side. However, this would not be out of character with surrounding
development as a number of existing dwellings along this stretch of Clarence Road are set back a similar
distance, including 149 and Hunter's Rest, Clarence Road.
The proposed frontage parking area would reflect the existing situation at the site and whilst the majority
of existing dwellings in the vicinity have walls, fences or hedgerows fronting the street, others are
unenclosed and have frontage hard-surfaced parking areas, such as 149 and 188 Clarence Road.
The development would be provided with a communal amenity area to the rear of the building with an
area of around 195 square metres. Given that the Council does not have any minimum amenity space
standards for new residential development it is not considered that this level of provision would be
unacceptable and the development would constitute a proposal that would accord with relevant
development plan policy requirements.
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The proposal would provide a development which is sympathetic in scale, design, massing, height, layout,
siting and density to the mixed character which is found along Clarence Road and would make optimum
use of the site at a density of 89 dwellings per hectare and 279 habitable rooms per hectare. This density is comparable with Victorian/Edwardian terrace average densities of 80 units per hectare characteristic of
the area (Ref: Commission for Architecture & the Built Environment - Better Neighbourhoods: Making higher
densities work (2005)), commensurate with good innovative design in relation to the site characteristics.
In comparison to the application for redevelopment of the site submitted in 2016 and refused last year,
the proposal differs from that scheme for five houses in a number of respects. A more 'traditional' design
approach has been adopted which reflects the predominant two-storey brick, render and tile finish
character of the area, with a two-storey plus roof design with a hipped roof. The car parking provision,
whilst still providing ten on-site car parking spaces, has been reduced in extent to provide a less dominant
feature in the street scene and would facilitate the provision of more soft landscaping in front of the
building. The bin store facilities would be located into the site, rather than on the back edge of the
pavement, to reduce their visual impact. Whilst the proposed building would be higher than the dwellings
previously proposed and the residential density of the scheme would be increased it is not considered
these issues raise any unacceptable character issues. These changes are considered to have addressed
reason for refusal 2 in respect of the previous proposal, relating to the 'visually cramped and contrived
form of development' previously proposed.
The applicant has also been able to secure access to the Bramshot Farm SANG to mitigate any potential
impact on the nature conservation value of the Thames Basin Heaths Special Protection Area, appropriate
tree protection measures have now been proposed and detailed drainage information based on a
Sustainable Drainage System scheme has also been provided to address the previous reasons for refusal.
These changes have addressed reasons for refusal 1, 3 and 4 of the previous application.
Overall, therefore, the development is considered to accord with the requirements of saved policies
GEN1, GEN4, and URB12 of the Local Plan.
Impact on the Neighbouring Amenity
Saved policies GEN1 and URB12 state that proposals will only be permitted where they avoid the material
loss of amenity to existing and adjoining residential uses and cause no material loss of amenity to adjoining residential uses through loss of privacy, overlooking or the creation of shared facilities.
Due to the location of the application site there will be no detrimental impact on the amenities of
occupants of neighbouring residential properties. Although there are residential buildings on all sides of
the proposed dwellings, there will be over 20 metres separation distance between the buildings to the
front which will act to alleviate any potential overlooking.
Furthermore, whilst the distance to the communal boundary to the rear will be 8 metres, the properties
to the rear on Connaught Road would be located over 50 metres away. To the south-west and north-
east, there would two windows in each side elevation, one at ground floor level and one at first floor
level, but these would serve bathrooms and could be reasonably conditioned to be obscurely glazed and
non-opening at the lower level. Although the separation distance from the communal boundaries would
be less than 2 metres, this would not give rise to any significant impact. Therefore, any direct impact on
neighbouring amenity would be negligible.
In terms of daylight/sunlight, due to the location of the proposed building in relation to the surrounding
properties there would potentially be an impact on the occupiers of 139 Clarence Road, which is located
to the north. However, the existing hall building already has an impact, as well as the tree screening in the
vicinity, and it is not considered that the proposal would be likely to have any significant adverse affect.
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Therefore, the proposal complies with saved policy GEN1 as there would be no detrimental impact on
the amenity to adjoining properties.
Impact on Parking and Highway Safety
Saved policy GEN1(vii) permits development which has adequate arrangements on site for access,
servicing or the parking of vehicles.
Saved policy T14 states that development must have adequate provision for highway safety, access and
internal layout and parking.
The site is considered to be in an accessible location, close to the centre of Fleet, with its range of shops
and services and access to public transport links.
The proposal is likely to generate 2-3 vehicular trips during each of the AM and PM peaks, which is
considered to be acceptable.
An increase in the number of pedestrian movements is also expected, which is acceptable due to the good
pedestrian connectivity and safety of the area.
The existing points of access are to be slightly amended to implement the proposed parking arrangements.
This is considered to be acceptable due to the visibility from the access being above the required standard
for a 20mph road.
Regarding residential parking for the eight flats, the NPPF states under section 39 that "if setting local
parking standards for residential development, LPA should take into account: (...) local car ownership levels".
Whilst the proposed residential parking provision would be under the minimum level required by the
Council's Parking Provision Interim Guidance, note 1 of Table 1 of the standards states that if a developer
considers that this would give rise to an inappropriate level of parking provision, then they should provide
evidence with the application justifying their position.
Census Data of car ownership depending on type of dwelling throughout Hart District Council has been presented as evidence by the applicant. However, it is considered that a more particular analysis is needed
- each area of Hart District Council operates differently in terms of traffic and parking and as such a
generalisation is not considered to be valid to justify parking expectations for a particular development.
Utilising the data available to the Council, the following car ownership level is expected for these 8 flats:
3 flats are not expected to have a vehicle, 4 flats are expected to have 1 vehicle and 1 flat is expected to
have 2 vehicles. These calculations based on the latest car ownership statistics for Central Fleet confirm
that 10 off-street parking bays would be sufficient to satisfy the needs of residents with a flexibility for car
ownership growth in future years as well as to provide adequate parking for visitors. This, together with
the proximity of the site to Fleet town centre and its range of services and public transport links, is
considered to be appropriate justification for the proposed level of on-site car parking provision.
Refuse will be collected from Clarence Road, as existing, which is acceptable.
Therefore, overall the proposal is considered to accord with the requirements of saved policies GEN1
and T14.
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Impact on Trees
Policy CON8 of the Local Plan states that planning permission will only be granted where trees or hedging of significant amenity or landscape value are shown to be capable of being retained or if the removal is
necessary new planting is undertaken to maintain the value.
There is a large lime tree located within the application site which is the subject of Tree Preservation
Order protection. In addition, there are three other lime trees located outside of the site but close to
the rear boundary which are also protected by the same Order. The lime tree within the site is shown to
be retained and no works are proposed to the other trees close to the rear boundary.
The proposal has been reviewed by the Council's Tree Officer who has confirmed that the submitted
Arboricultural Implication Assessment is considered satisfactory and demonstrates an acceptable layout
given that the current scheme provides communal amenity space for the residents away from the canopies
of the amenity trees overhanging the rear boundary. As such no objection is raised to the application
provided that a satisfactory site specific arboricultural method statement is submitted as a condition of
consent and that the development is carried out in accordance with the submitted tree protection
measures.
Impact on Ecology
Policy CON5 states that planning permission will not be granted for development that would have a
significant adverse effect on plant or animal species or their habitats protected by law unless conditions
are attached or planning obligations entered into requiring the developer to secure their protection.
A Bat Survey has been undertaken and submitted as part of the application. This has been reviewed by
the Council's Ecologist who has stated that, as the survey found no evidence that the existing buildings
support bat roosts, no objection on biodiversity grounds are raised to the application providing the
recommendations in the Bat Survey are implemented in full.
The proposal is therefore considered to comply with the requirements of policy CON5.
Drainage
The application site is located in a Flood Zone 1 location with a very low risk of flooding from main rivers
and groundwater. There is a small surface water overland flow route that flows down the north-east side
of the site in an extreme storm event. Flood depths would not be expected to be greater than 300mm.
The site is not located near any watercourses and the nearest surface water sewer is 85 metres north-
east of the site on Upper Street. There is a Thames Water foul sewer immediately adjacent to the site in
Clarence Road.
Thames Water have confirmed that surface discharge rates from the site are acceptable and that the
surface water hierarchy has been followed, but indicate that the developer must ensure surface flows only
connect to a surface water system.
The proposed development would employ soakaways in combination with permeable paving in order to
achieve the objective of ensuring that the peak run-off rate for the 1 in 100 year 6-hour rainfall event (plus
climate change) is reduced to greenfield rate for the same event. These will provide approximately 17
cubic metres of storage which is more than the calculated required amount.
With the proposed Sustainable Drainage System (SuDS) mitigation measures in place, all surface water
will be managed on site. As such, it is considered that the proposed development would reduce flood risk
and enhance the local environment and would therefore be in compliance with development plan policy
and the NPPF.
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The Council’s Drainage Engineers comments on the updated Surface Water Drainage Strategy are
currently awaited and will be reported to the Committee to confirm that the proposal now meets all specified requirements in respect of drainage and flooding issues.
Impact on the Thames Basin Heaths Special Protection Area (TBHSPA)
Saved Local Plan policies CON1 and CON2 relate to the Thames Basin Heaths Special Protection Area
(SPA) and state that development which would adversely affect the nature conservation value of a site will
only be permitted if it can be subject to conditions that will prevent damaging impacts on wildlife habitats
or other natural features of importance on the site or if other material factors are sufficient to override
the nature conservation interest. South East Plan policy NRM6 requires adequate measures to avoid or
mitigate any potential adverse effects on the Thames Basin Special Protection Area (SPA).
In this instance, the applicant has secured an allocation of access to the Bramshot Farm SANG and has
also provided a commitment to make an appropriate financial contribution towards the SAMM project.
The Council is therefore able to conclude that the proposal would not have a negative impact on the SPA
and consequently the proposal is acceptable and would accord with the requirements of policy CON1 of
the Local Plan and policy NRM6 of the South East Plan.
CONCLUSION
The proposed redevelopment of this previously developed land in a sustainable and accessible location
close to the town centre of Fleet is considered to be acceptable and in keeping with relevant development
plan policy requirements and Government guidance.
Whilst the development is of a relatively high density, this would accord with development plan and
Government guidance which seeks to optimise residential densities in sustainable locations and the
proposed residential density would reflect traditional Victorian/Edwardian terraced housing development
which is characteristic of Fleet.
The level of on-site car parking provision has been reviewed by the Council's Highway Engineer and is
considered to be acceptable in this location, taking account of local car ownership levels based on 2011 Census data.
The proposal would have no impact on the TPO'd trees on or adjacent to the site and would not give
rise to any neighbour amenity concerns.
Approval, subject to appropriate conditions is therefore recommended.
RECOMMENDATION - Grant
CONDITIONS
1. The development hereby permitted shall be begun before the expiration of three years from the
date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).
2. The development hereby approved shall be carried out in accordance with the following drawing
numbers and documents:
Drawings:
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CR01-1003, CR-01-1004, CR-01-1005, CR-01-1006, CR-01-1007 Rev B, CR01-1008, CR-01-1009,
CR-01-1010 and Two Tier Customer Drawing
Documents:
Preliminary Bat Roost Assessment (Ref: SE1616-463a); Flood Risk Assessment (Ref: WTFR-FRA-
2017/09/Q01); Bat Roost Characterisation Survey (Ref: SE1616-463b); Amenity Appendix;
Planning, Design and Access Statement; Transport Statement (Ref: P1708-6 Transport Statement
Rev A); Arboricultural Implications Assessment for Proposed Residential Development (Ref:
J54.21); and Surface Water Drainage Strategy.
Reason: To ensure that the development is carried out in accordance with the approved plans and
particulars.
3. No development shall take place until details and samples of all external surfaces have been
submitted to and approved in writing by the Local Planning Authority. The development shall only
be carried out in accordance with approved details.
Reason: To ensure that the external appearance of the building(s) is/are satisfactory and to satisfy
saved policy GEN1 of the Hart District Local Plan (Replacement) 1996-2006 and First Alterations
to the Hart District Local Plan (Replacement) 1996-2006.
4. No development shall take place until full details of both hard and soft landscape have been
submitted to and approved in writing by the Local Planning Authority.
Hard details shall include, as appropriate, proposed finished levels and/or contours, means of
enclosure of unbuilt open areas, car parking layouts, other vehicle and pedestrian access and
circulation areas, hard surfacing materials and artefacts and structures (e.g. furniture, refuse or
other storage units, signage, lighting, external services, manholes, etc.).
Soft landscape details shall include planting plans, written specifications (including cultivation and
other operations associated with plant establishment), schedules of plants, noting species, planting
sizes and proposed densities where appropriate.
Details shall further include a proposed timetable for planting and laying out of hard surfaces and
roads.
Reason: To ensure the provision of amenity afforded by appropriate landscaping and to satisfy
saved policy GEN1 of the Hart District Local Plan (Replacement) 1996-2006 and First Alterations
to the Hart District Local Plan (Replacement) 1996-2006.
5. The development hereby approved shall be carried out in accordance with the recommendations
in respect of mitigation measures and enhancement measures contained within the approved Bat
Roost Characterisation Study (Job Ref: SE1617 – 463b) (dated 10th June 2016).
Reason: To mitigate the potential impact of the development on protected species and to deliver
biodiversity gain in accordance with policy CON5 of the Hart District Local Plan (Replacement)
1996-2006 and First Alteration to the Hart District Local Plan (Replacement) 1996-2006
6. The development hereby approved shall be carried out in accordance with the recommendations
contained within the approved Arboricultural Implications Assessment for Proposed Residential
Development (Ref: J54.21) (dated 11th September 2017).
Reason: To ensure the retention of trees on amenity value on and adjacent to the site and to
satisfy policy CON8 of the Hart District Local Plan (Replacement) 1996-2006 and First Alteration
to the Hart District Local Plan (Replacement) 1996-2006
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7. The proposed vehicular parking facilities, along with a clearly visible "only residential use" sign at
the entrance of the parking area, shall be made available and provided prior to the first occupation of any part of the development hereby approved and shall thereafter be maintained for the purpose
of parking of motorised vehicles. There shall be no bay allocation for the use of the car parking
spaces shown on the approved plan for occupiers of and visitors to the development hereby
permitted.
Reason: To ensure that the development is provided with adequate parking to prevent the
likelihood of on-street parking of motorised vehicles and to satisfy policies GEN1 and T14 of the
Hart District Local Plan (Replacement) 1996-2006 and First Alterations to the Hart District Local
Plan (Replacement) 1996-2006.
8. No development shall take place until a Demolition and Construction Method Statement has been
submitted to and approved, in writing, by the Local Planning Authority. Once approved, the
development shall be carried out in accordance with the submitted details and shall be adhered to
throughout the demolition and construction period. The Statement shall 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 a security hoarding including decorative displays and facilities
for public viewing, where appropriate;
e) Wheel washing facilities and methodology for the dispersal of waste water;
f) Measures to control the emission of dust and dirt during demolition and construction;
g) A scheme for recycling/disposing of waste resulting from demolition and construction works;
and
h) Details of the site office/compound.
Reason: In the interest of highway safety and to satisfy policies GEN1 and T14 of the Hart District
Local Plan (Replacement) 1996-2006 and First Alterations to the Hart District Local Plan
(Replacement) 1996-2006.
INFORMATIVES
1. The Council works positively and proactively on development proposals to deliver sustainable
development in accordance with the NPPF. In this instance:
The applicant was advised of the necessary information needed to process the application at the
validation stage and during the processing of the application and, once received, the application
was acceptable.
2. The applicant is advised to make sure that the works hereby approved are carried out with due
care and consideration to the amenities of adjacent properties and users of any nearby public
highway or other rights of way. It is good practice to ensure that works audible at the boundary
of the site are limited to be carried out between 8am and 6pm Monday to Friday, 8am and 12
noon on Saturdays with no working on Sunday and Bank Holidays. The storage of materials and
parking of operatives vehicles should be normally arranged on site.
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COMMITTEE REPORT
ITEM NUMBER: 104
APPLICATION NO. 17/03018/FUL
LOCATION Ryton Farm Copse Lane Long Sutton Hook Hampshire
RG29 1SX
PROPOSAL Erection of a new dwelling, with associated parking, access and
infrastructure works on the site of an existing barn subject to an
approval for conversion from agricultural use to a dwelling.
APPLICANT Mr & Mrs Ian and Judith Howard
CONSULTATIONS EXPIRY 2 February 2018
APPLICATION EXPIRY 28 February 2018
PLANNING COMMITTEE
WARD MEMBER
Cllr Stephen Gorys
RECOMMENDATION Grant
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's
Stationery Office © Crown Copyright 2000. Unauthorised reproduction infringes Crown Copyright
and may lead to prosecution or civil proceedings. Please Note: Map is not to scale
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Block Plan
Site Plan
63
Proposed Floor Plans
64
Proposed Elevations
65
BACKGROUND
This application has been referred to the Planning Committee for determination as it is considered to represent a Departure from the Local Plan as it relates to the provision of a new dwelling in the
countryside which could be considered contrary to the requirements of policy RUR2 and it is necessary
to consider whether there any other material planning considerations which would allow for approval of
the proposal.
THE SITE
The application site is located to the west of Copse Lane, Long Sutton, opposite its junction with Wingate
Lane.
The site has an area of around 0.2 hectares and is currently occupied by an open-fronted agricultural barn.
Access to the site is via an existing track from Copse Lane which runs between the existing dwellings of
Broomfield, to the north and Box Cottage, to the south.
The site is located outside of the designated settlement area of Long Sutton, in the open countryside.
Surrounding development comprises of a ribbon of residential development along either side of Copse
Lane and scattered agricultural development.
PROPOSAL
The application proposal seeks planning permission for the erection of a new detached two-storey
dwelling on the approximate site of the existing agricultural barn which benefits from a Prior Approval
consent for conversion into a dwelling.
The proposed dwelling would have a total floor area of 293 square metres. The dwelling would comprise
an entrance hall, utility room, kitchen, dining room, living room, cloakroom, WC and larder at ground
level with three bedrooms (two en-suite), a bathroom and study at first floor level.
The dwelling would be constructed of horizontal standing seam zinc cladding, timber cladding and Staffordshire blue class A facing brickwork, with a vertical standing seam zinc cladding roof and would
have steel doors with a PPC finish and double glazing in PPC aluminium frames coloured dark grey to the
windows. Rainwater goods would have a PPC finish, coloured dark grey and the dwelling would have two
stainless steel flues.
The new building would be located around 3.7 metres further east than the existing barn and would be
around 1 metre longer. In footprint terms the new dwelling would have a site coverage of 184.7 square
metres, compared to 166.5 square metres for the existing barn, an 11% increase.
In terms of height, the new dwelling would have a maximum height to the ridge of 6.8 metres (4.9 metres
to the eaves), compared to the barn with a maximum height of 4.5 metres (3 metres to the eaves).
Access to the site would be as existing via a driveway from Copse Lane. The development would be
provided with three on-site car parking spaces and provision for two cycles. A bin store building would
be located alongside the dwelling, adjacent to the new, recently completed, timber clad barn. A bin
collection point would be provided at the eastern end of the access drive adjacent to Copse Lane.
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PLANNING HISTORY
16/01295/PRIOR - Notification for Prior Approval for a Proposed Change of Use of Agricultural Building to a Dwellinghouse (Class C3), and for Associated Operational Development - conversion of barn to
single residential dwelling - Prior Approval Granted 07.07.2016;
16/01295/NMMA - Amedments to 16/01295/PRIOR Notification for Prior Approval for a Proposed
Change of Use of Agricultural Building to a Dwellinghouse (Class C3), and for Associated Operational
Development - conversion of barn to single residential dwelling - Refused 10.02.2017.
Other relevant application:
16/03403/FUL - The erection of an agricultural barn - Approved 11.04.2017
CONSULTEES RESPONSES
Long Sutton Parish Council (NO OBJECTION):
Long Sutton Parish Council discussed the above application at the meeting on Wednesday 24th January.
Cllr Nick Trew declared a personal interest, as a neighbour to the development site, and took no part in
the determination of the Parish Council's comment.
It was resolved to submit the comment to support the application.
Conservation Officer (Internal) (NO OBJECTION):
Does not consider that there would be any impact upon any designated heritage assets (formed by listed
buildings and the Long Sutton conservation area) by virtue of any posed threat to or detrimental impact
on their setting. The development is also sufficiently removed from any listed buildings in Long Sutton so
as to preclude any direct impact upon their settings.
On this basis, they do not consider that either Section 66(1) or Section 72 of the P(LBCA) Act 1990, nor
Section 12 of the NPPF and Policies Con 13 & 17 (as saved) of the HDC Local Plan have been engaged by the proposal. They would therefore have no objections on heritage policy grounds.
Drainage (Internal):
Confirms that the site is in Flood Zone 1 with a low risk of flooding from all sources. There are no
watercourses near the site. There are also no Thames Water surface water or foul sewers near this site.
Notes that the site geology is chalk so infiltration may be feasible but this will need to be confirmed by
infiltration tests. Considers that the only way to drain this site is via infiltration.
Has requested the submission of mre detailed infiltration test results.
Ecology (Internal) (NO OBJECTION):
Confirms that, following correspondence with the applicants it has been confirmed that continuity of nest
sites has been provided through the provision of a barn owl box within the barn owl territory. In addition,
future nesting provision has also been provided in the form of a bespoke nest box which was built into
the new barn created under an additional application. No foraging habitat will be lost as a
result of the present application.
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The proposed works to the existing barn which has an active barn owl nest have the potential to disturb
or destroy an active nest if suitable precautionary mitigation is not put in place. Barn owls have been
recorded nesting in every month of the year although the core period is March to September inclusive.
On this basis no objection is raised to the application providing a precautionary condition is imposed on
any permission relating to protection of nesting birds.
Environmental Health (Internal) (NO OBJECTION):
Confirm that no objections are raised to the application.
Highways (Internal) (NO OBJECTION):
No highway objection subject to the conditions relating to the provision of parking and turning facilities
prior to first occupation and to restrict the provision of entrance gates on the access driveway within 12
metres of Copse Lane.
Waste (Internal) (NO OBJECTION):
Confirm that the Council operates a kerbside domestic waste collection service from the nearest adopted
highway via wheeled containers. The proposed development will be required to move wheeled bins down
to Copse Lane so they are adjacent to the public highway closest to where the Refuse Collection Vehicle
(RCV) will stop. The proposed site is on private land and not part of the adopted highway, therefore, it is
not envisaged that the RCV would access this site for the purposes of domestic waste collection.
NEIGHBOUR COMMENTS
None received.
Hart District Council Local Plan (Replacement) 1996 – 2006
GEN1 - General Policy for Development
GEN4 - General Design Policy
GEN11 - Areas Affected by Flooding or Poor Drainage
CON5 - Nature Conservation - Species Protected by Law
CON13 - Conservation Areas - General Policy
CON22 - Setting of Settlements and Recreation
RUR2 - Development in the Open Countryside – General
T14 - Transport and Development
CONSIDERATIONS
The proposed development is considered to constitute a Departure from the policy requirements of the
adopted development plan as it relates to the provision of a new dwelling in the countryside which would
conflict with the Council's adopted countryside protection policy (RUR2).
The site does not comprise 'previously developed land' as defined in the NPPF because the site is in
agricultural use.
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It is therefore necessary to consider whether there are any other material planning considerations in
respect of the proposal to outweigh this harm in respect of adopted development plan policy.
Relevant considerations are considered to be the planning history of the site, design matters, the potential
impact of the development on the character and setting of the countryside, any potential impact on
neighbouring amenity, ecology/biodiversity issues, access considerations and drainage issues.
Planning History
The site benefits from a Prior Approval consent for the conversion of the existing agricultural barn into a
dwellinghouse as permitted development under the terms of Schedule 2, Part 3, Class Q of the General
Permitted Development Order.
The approved scheme indicated the provision of a three-bed dwelling with living room, dining room,
kitchen and entrance hall within the existing barn structure. The conversion would provide a dwelling
with a floor area of 166.5 square metres and the existing barn has a maximum height of 4.5 metres to the
ridge.
A structural survey accompanied the Prior Approval application which confirmed that the existing barn
has a steel portal frame which is in very good condition and that no repairs, remedial works or
strengthening would be required to the structure to facilitate the proposed conversion.
The extant Prior Approval consent is therefore considered to constitute a genuine 'fall back' position
which would allow for the residential development of the site through change of use of the barn.
In support of the proposal the applicants have identified the following 'benefits' of providing a new dwelling
rather than converting the existing barn
- A better quality and design in the resulting building;
- Improved layout, accessibility and functionality of the living accommodation; and
- The ability to provide a thermally efficient (reduced energy use) and therefore sustainable home which would not be possible through conversion of the existing barn.
Design
In support of the application, the applicants have submitted a Design and Access Statement which indicates
that:
"The proposal is to replace the existing barn with a new dwelling, the concept for which will take the form of a
contemporary 'barnstyle' residence. The form of the building is a simple pitched roof linear structure, designed to
echo a simple barn form, and is clad using sympathetic and recycled/recyclable materials.
The simple plan form is divided into two unequal areas by the double height entrance hallway which runs the full
width of the dwelling. This is reflected in the external elevations as a glass slot running full height through both
sides of the building.
The smaller eastern block contains cloakroom, gym and plant/utility rooms at ground floor, and a study and bed 3
with ensuite at first floor. The main western block contains a large open plan kitchen/dining/living area at ground
floor, and the master and bed
2 at first floor, both with ensuite. Double height space runs the length of the north and west sides of the building,
reinforcing the barn-like look and feel of this contemporary home.
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The pitched roof is clad in standing seam metal roofing - using a dark patinated zinc. On the eastern block, this
zinc cladding wraps down the facade to just above ground level, sitting on a plinth of Staffordshire blue engineering
bricks - hard wearing and flint-like in colour.
The east elevation is clad partially in timber to connect the new dwelling to the adjacent barn, and partially in
vertical zinc cladding. The two materials meet each side of the back door, which is reinforced with a vertical slot
of Staffordshire blue bricks.
The south elevation is clad in zinc cladding which wraps down the facade to just above ground level, sitting on a
plinth of Staffordshire blue engineering bricks at each end of the building. Along the central area of the facade, a
long clerestory window expresses the open plan kitchen area within. The facade beneath the window is clad in
Staffordshire blue brick.
The north elevation, facing the garden, offers the opportunity for long views across the distant landscape and is
therefore largely glazed using high performance double glazed units. Sliding doors connect the inside of the dwelling
freely with the garden and landscape beyond. Brick clad columns express the internal steel frame portal frame
externally, again reinforcing the barn-like appearance.
The west elevation is a fully glazed facade, split only by the solid form of the barbeque chimney, maximising views
of the landscape. The roof overhangs to add depth and provide protection from the weather on this frequently
exposed facade."
Section 7 of the NPPF sets out that the Government attaches great importance to the design of the built
environment and at paragraph 60 it is stated that:
'Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they
should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain
development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.'
The proposed development would be of a similar scale to the existing barn and other buildings in the
vicinity of the application site, including other former barns, and dwellings. The design of the dwelling
would be contemporary, but would appear as a barn like structure in keeping with the area. The massing
of the new building would also reflect the mass of the existing barn and other nearby structures and its height would be comparable with surrounding development, which comprises a mix of single storey and
two-storey structures. In respect of prominence the new structure would be comparable with the existing
barn and whilst it will be publically visible from the public right of way that runs through the farmland to
the north of the site, these views would be from some distance and the proposed 2.3 metre increase in
ridge height compared with the existing barn would not significantly increase the buildings impact over
and above that which would have resulted from the conversion of the barn to agricultural use. The layout
of the development raises no issues. No detailed landscaping proposals have been submitted with the
application but it is indicated that the majority of the garden area to the north of the dwelling would
comprise a grass lawn and a kitchen garden would be provided to the west of the dwelling. Existing trees
along the northern and southern boundaries of the site would all be retained. The siting of the dwelling
would be comparable to the existing barn, albeit slightly further to the east, but given the spacing to the
rear of dwellings in Copse Lane this relocation would not raise any design issues. Similarly, density
considerations would not raise any concerns.
Overall, the design approach adopted is considered to be acceptable and would comply with the
requirements of policies GEN1 and GEN4 of the Local Plan and with Government guidance.
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Impact on the Character and Setting of the Countryside
The proposal would introduce a new dwelling into the countryside and this would have some impact in visual terms, particularly in views from the public right of way to the north. There is another public right
of way to the south, but views from this route would be effectively screened by existing tree planting
along the southern boundary of the site.
The right of way to the north is located over 140 metres from the location of the proposed dwelling, with
the right of way to the south being around 170 metres away. However, the potential impact of the new
building would not be significantly different from that associated with the barn conversion proposal. Impact
from lighting associated with the residential use would also be comparable. Whilst it is proposed to have
extensive areas of glazing to the north elevation of the dwelling facing towards the northern public right
of way, the consented scheme for the barn conversion also proposed three patio door windows and a
fourth window opening in the north elevation. The impact would be increased to a degree due to the
two-storey nature of the proposed building but it is unlikely to be so significant as to give rise to any
detrimental amenity issues, particularly as the footpath is unlikely to be extensively used at night when the
lighting would be most apparent.
Overall, it is not considered that the proposed development would have a significantly detrimental effect
on the character and setting of the countryside. The proposal would be a higher structure than the existing
barn it would replace but would be pulled further into the site than the existing building closer to existing
built development which would marginally reduce the spread of development into the countryside. It is
therefore consider that the application would comply with the second requirement of policy RUR2 of the
Local Plan in respect of impact on countryside character.
Impact on Neighbouring Amenity
The nearest dwellings to the proposed dwelling are located in Hesters View, around 90 metres to the
south of the site. The nearest dwellings in Copse Lane, Broomfield and Hollybank, are located around 120
metres from the proposed property to the east.
Given the distance involved and the extent of screen planting along the southern boundary of the site it
is not considered that the proposed development would have any impact on the residential amenities of the dwellings in Hester’s View.
The proposed dwelling would be accessed from an existing track which runs directly alongside Broomfield
(and Box Cottage) but it is not considered that the vehicular and pedestrian movements associated with
a single dwelling would have any significant impact.
Overall, it is not considered that the proposal would give rise to any detrimental impact on neighbour
amenity and would therefore comply with the requirements of policy GEN1 of the Local Plan.
Ecology/Biodiversity
The existing barn does contain an active barn owl nesting site. However, appropriate mitigation has already
been provided to mitigate any potential impact through the provision of alternative nesting sites.
The proposal has been reviewed by the Council's Ecologist who has raised no objections to the proposal.
As such, the application is not considered to conflict with the requirements of policy CON5 of the Local
Plan.
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Access
The development would utilise an existing access track from Copse Lane. This track is currently unmade and appears to be lightly used, serving only around six agricultural/former agricultural structures.
The submitted plans indicate that the track would be resurfaced with a grass protection mesh and the
area to the east of the dwelling would be surfaced with porous gravel.
Three car parking spaces, along with two cycle stands would be provided alongside the dwelling. A swept
path diagram has been submitted indicating that the access would be suitable for a DB32 Fire Appliance
to be able to enter and exit the site in a forward gear.
The proposal has been reviewed by the Council's Highways Engineer who has raised no objection subject
to the imposition of conditions relating to the provision and retention of car parking facilities and to
prevent to provision of any gate on the access road within 12 metres of Copse Lane.
The proposal is therefore considered to comply with the requirements of policies GEN1 and T14 of the
Local Plan.
Drainage
The application site is in a Flood Zone 1 location with a low risk of flooding from all sources. There are
no watercourses near the site. There are also no Thames Water surface water or foul sewers near the
site.
The applicant has indicated that it is proposed to discharge foul water via a package treatment plant to a
drainage field or reed bed in the adjacent field to the west edge of the site and that surface water is to be
discharged to cellular crate soakaways also located in the adjacent field.
Government guidance indicates that whilst the capacity of physical infrastructure, such as in the public
drainage or water systems, is a material planning consideration, it is also confirmed that matters controlled
under the Building Regulations, such as drainage details, are not a material planning consideration.
However, it is acknowledged the interaction between sewers, local watercourses and water bodies (including groundwater), means that planning authorities must also consider arrangements for surface
water drainage and whether the risk of flooding is an issue.
The Council's Drainage Engineer has requested further details relating to infiltration tests. The basis for
this request is that no infiltration test results have been provided as yet relating to the proposed soakaway
in the adjacent field. As a result it is considered that it has not been demonstrated that infiltration will be
viable in the proposed location. Given that both the foul and surface water drainage systems would be
reliant on soakage into the ground the Drainage Engineer considered that it is essential that it is
demonstrated that infiltration is possible.
These additional tests have been undertaken and the results are currently awaited.
Nevertheless, it is considered that it would be technically feasible to deal with foul and surface water via
the proposed package plant and soakaways and the detailed drainage proposals would be dealt with at the
Building Regulations stage and the proposed dwelling would not be able to be occupied until an appropriate
drainage system had been put in place.
Given the ‘fall back’ position of the consented prior approval conversion of the existing barn to residential
use, which would raise the same drainage issues, it is considered reasonable to condition the submission
of a detailed drainage scheme for the site should the Committee be otherwise minded to grant permission
for the new dwelling.
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As such, it is considered that the proposal would comply with the requirements of policy GEN11 of the
Local Plan.
Other Issues
The application site lies in close proximity to the Long Sutton Conservation Area, a designated heritage
asset.
However, the site is not readily visible from the conservation area apart from possibly private viewpoints
in the rear garden of Box Cottage and would not have any effect on the character or appearance of the
heritage asset. As such, the proposal would comply with the requirements of policy CON13 of the Local
Plan.
CONCLUSION
Whilst the proposal represents a Departure from the Local Plan, the application is considered to be
acceptable and is tantamount to the provision of a replacement dwelling given the genuine 'fall back'
position afforded by the extant consent for the conversion of the existing barn on the site to residential
use as permitted development.
The new dwelling would not give rise to any significantly greater impact than the residential conversion
proposal in terms of its impact on the character and appearance of the countryside, any impact on
neighbouring residential amenity or in terms of traffic generation or highway safety issues.
The design approach adopted, to provide a contemporary 'barn-like' structure, is considered to be
appropriate and in keeping with local character given the setting of the site within an area of current and
former agricultural buildings set behind the ribbon of residential development along Copse Lane.
The proposal would provide a more accessible and energy efficient dwelling than the proposed barn
conversion. Biodiversity issues would also be appropriately addressed.
Approval, subject to appropriate conditions, is therefore recommended.
RECOMMENDATION - Grant
CONDITIONS
1. The development hereby permitted shall be begun before the expiration of three years from the
date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).
2. The development hereby approved shall be carried out in accordance with the following drawing
numbers and documents:
Drawings:
A/00/001 Rev P00 (Location Plan & Block Plan: Existing); A/00/101 Rev P01 (Block Plan: Proposed);
A/00/102 Rev P04 (Proposed House: Site Plan); A/00/103 Rev P00 (Site Plan: Vehicle Turning - Fire
Engine); A/05/101 Rev P01 (Proposed House: GF & FF Plans); A/06/101 Rev P00 (Proposed House:
Sections); A/07/101 Rev P01 (Proposed House: Elevations); and A/07/102 Rev P00 (Proposed
House: Elevations) (Bin Store).
Documents:
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Broomfield Barn Owl Inspection Survey; Broomfield Ecology Survey; Foul & Surface Water
Drainage Strategy; Design and Access Statement; and Planning Statement.
Reason: To ensure that the development is carried out in accordance with the approved plans and
particulars.
3. No development shall take place until details and samples of all external surfaces, including the
proposed steel flues to the roof, have been submitted to and approved in writing by the Local
Planning Authority. The development shall only be carried out in accordance with approved
details.
Reason: To ensure that the external appearance of the building is satisfactory and to satisfy saved
policy GEN1 of the Hart District Local Plan (Replacement) 1996-2006 and First Alterations to the
Hart District Local Plan (Replacement) 1996-2006.
4. Notwithstanding the provisions of the Town and Country Planning General Development
(England) Order 2015 (as amended) (or any Order revoking or re-enacting this Order with or
without modification) no enlargement of the dwelling house, as permitted by Class A, B, C or D
of Part 1 of the Second Schedule of the Order, shall be constructed without the prior written
permission of the Local Planning Authority.
Reason: To ensure the retention of a satisfactory appearance to the development, to control the
impact of the development on the character and appearance of the countryside, to avoid
overdevelopment of the site and to satisfy saved policy GEN1 of the Hart District Local Plan
(Replacement) 1996-2006 and First Alterations to the Hart District Local Plan (Replacement)
1996-2006.
5. Notwithstanding the provisions of the Town and Country Planning General Development
(England) Order 2015 (as amended) (or any Order revoking or re-enacting this Order with or
without modification) no building, enclosure, swimming pool or other pool, as permitted by Class
E of Part 1 of the Second Schedule of the Order, shall be constructed without the prior written
permission of the Local Planning Authority.
Reason: To ensure the external character and appearance of the building is retained, to protect
the character and appearance of the countryside and to satisfy saved policy GEN1 of the Hart
District Local Plan (Replacement) 1996-2006 and First Alterations to the Hart District Local Plan
(Replacement) 1996-2006.
6. The dwelling hereby approved shall be occupied until the vehicular access and drive have been
provided in accordance with the approved details. Unless otherwise agreed in writing with the
Local Planning Authority, the development shall be carried out in accordance with the details
shown on drawing number A/00/103 Revision P00.
Reason: In the interest of highway safety and to satisfy policies GEN1 and T14 of the Hart District
Local Plan (Replacement) 1996-2006 and First Alterations to the Hart District Local Plan
(Replacement) 1996-2006.
7. Any gates to be provided on the access drive shall open away from the highway and be set back
a distance of at least 12 metres from the nearside of the adjacent edge of the carriageway of the
adjoining highway, and the distance shall be retained in perpetuity.
Reason: In the interest of highway safety and to satisfy policies GEN1 and T14 of the Hart District
Local Plan (Replacement) 1996-2006 and First Alterations to the Hart District Local Plan
(Replacement) 1996-2006.
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8. The proposed on-site parking and turning facilities shall be provided prior to first occupation of
the dwelling hereby approved and shall thereafter be used only for the purposes of parking and turning of motorised vehicles, and access shall be maintained at all times for them to be used as
such.
Reason: To ensure that the development is provided with adequate parking to prevent the
likelihood of on-street parking of motorised vehicles, with adequate turning to prevent reversing
vehicles into the public highway and to satisfy policies GEN1 and T14 of the Hart District Local
Plan (Replacement) 1996-2006 and First Alterations to the Hart District Local Plan (Replacement)
1996-2006.
9. No building and construction work shall take place within 30 metres of any part of the site
containing material evidence of Barn Owl occupation unless survey-based evidence has been
provided to the Local Planning Authority that no birds are nesting (at the development site to
which the consent applies) within 3 days of work commencing.
Reason: To ensure that nesting Barn Owls are not disturbed by development works and to enable
the Local Planning Authority to fulfil its obligation under Section 25(1) of the Wildlife and
Countryside Act (1981).
10. Notwithstanding the submitted Foul & Surface Water Drainage Strategy (R.J. Fillingham
Associated Ltd – November 2017) no development shall take place until a detailed scheme for
the proposed foul and surface water drainage systems for the site, based on infiltration tests
undertaken in respect of the adjacent field and confirming that infiltration is possible in that
location, has been submitted to and approved, in writing, by the Local Planning Authority. When
approved, the development shall be carried out in accordance with the submitted information
prior to first occupation.
Reason: To ensure that the development is provided with satisfactory alleviation or mitigation
measures to ensure the potential risk of flooding and pollution of the local water environment is
controlled, on accordance with policy GEN11 of the Hart District Local Plan (Replacement) 1996-
2006 and First Alterations to the Hart District Local Plan (Replacement) 1996-2006.
INFORMATIVES
1. The Council works positively and proactively on development proposals to deliver sustainable
development in accordance with the NPPF. In this instance: The applicant was advised of the
necessary information needed to process the application and, once received, the application was
acceptable and no further engagement with the applicant was required.
2. The applicant is advised to make sure that the works hereby approved are carried out with due
care and consideration to the amenities of adjacent properties and users of any nearby public
highway or other rights of way. It is good practice to ensure that works audible at the boundary
of the site are limited to be carried out between 8am and 6pm Monday to Friday, 8am and 12
noon on Saturdays with no working on Sunday and Bank Holidays. The storage of materials and
parking of operatives vehicles should be normally arranged on site.
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COMMITTEE REPORT
ITEM NUMBER: 105
APPLICATION NO. 17/00703/FUL
LOCATION 22 Hornbeam Place Hook Hampshire RG27 9RD
PROPOSAL Change of use from private garden land back to previous use as
Public Open Space and introduction of fencing on boundary
between 22 Hornbeam Place and Public Open Space.
APPLICANT Mr John Elson
CONSULTATIONS EXPIRY 9 October 2017
APPLICATION EXPIRY 30 May 2017
PLANNING COMMITTEE
WARD MEMBER
Cllr Mike Morris
RECOMMENDATION Grant
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's
Stationery Office © Crown Copyright 2000. Unauthorised reproduction infringes Crown Copyright
and may lead to prosecution or civil proceedings. Please Note: Map is not to scale
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Site Plan
Elevation
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THE SITE
The site is located on the north side of the A30, Hook. The site relates to a small parcel of land which
was originally designed as public amenity when the adjacent housing estate was built. The site is located
to the south of 22 Hornbeam Place.
The site is not located within a Conservation Area, nor is it covered by an Article 4 Direction.
PROPOSAL
The proposal seeks planning permission to revert the use of the land in question back to public amenity
land and to erect a fence along the boundary line with No. 22 Hornbeam Place.
RELEVANT PLANNING HISTORY
82/09926/MAJOR - Residential Development. Granted 23.02.1983
00/00102/COU - Change of use. Incorporation of open space into garden. Granted 13.04.2000
08/02826/FUL - Extension of existing porch and internal alterations to create a study. Granted 06.11.2008
16/01350/HOU - Erection of a first floor extension over garage. Erection of new wall. Internal and external
reconfiguration. Granted 19.09.2016
CONSULTEES RESPONSES
Hook Parish Council
No Objection.
Highways
No Objection, subject to Construction Method Statement being submitted prior to works commencing.
NEIGHBOUR COMMENTS
3 letters of representation have been received which relate to the value of the land, concern over fence
connecting to No.21 fence, revoking the previous planning permission and seeking compensation.
Hart District Council Local Plan (Replacement) 1996 – 2006
GEN1 - General policy for development
GEN4 - General Design Policy
URB22 - Change of Use of Small Open Space Areas
URB1 – Definition of Areas
CONSIDERATIONS
Principle of Development
The application site is located within the settlement of Hook. Such proposals would therefore be
acceptable in principle where they accord with the provisions of the development plan.
Saved Policy GEN1 of the local plan sets out a number of criteria against which proposals for development
will be assessed, including that development proposals should be in keeping with the local character in
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terms of scale, design, massing, height, prominence, materials, layout, landscaping, siting and density; should
avoid any material loss of amenity to existing and adjoining property or uses; and should cause no material
loss of amenity to adjoining residential uses. Proposals are also expected have regard to the District's landscape, ecology and heritage.
Saved Policy GEN4 is a general design policy and states that development proposals will be permitted
where they sustain or improve the urban design qualities of towns, villages and other settlements.
Saved Policy URB22 of the Local Plan states that in the interest of local amenity, the change of use of small
areas of open space within housing estates and in other locations in the main settlements will not be
permitted unless it can be demonstrated that the parcel of land is of minimum benefit in terms of its
impact on local amenity and recreation.
However it is important to understand the planning history and context to this particular piece of amenity
land. The land historically was designed as public amenity space when the adjacent housing estate was
developed. Subsequently planning permission was sought to include this land within the garden of No. 22
Hornbeam Place. Whilst it appears that that permission was lawfully implemented the occupier of No.
22 does not own the land. The Landowner is Hart District Council and due to the fact that the occupier
of No. 22 appears to have lawfully implemented the planning permission to change the use of the land,
the Council must secure planning permission to revert the use back to its originally intended use i.e.
amenity land. Whilst land ownership if not relevant to the decision, it is useful to understand the history
of this land so as to understand the context of the proposal.
Whilst there isn’t a specific policy that relates to the restoration of public amenity land, there is clear
policy support for their creation and for their retention. Such areas of land generally enhance the
character of the street scene and as such it is considered that there is no policy conflict and that the
proposal is acceptable in principle.
Impact on the street scene, character of the surrounding area and neighbour amenity
The area of land in question is adjacent to the A30 and was originally designed as amenity land. It is
understood that the occupier at No. 22 has removed his boundary fence and the land appears overgrown.
Changing the use of the land back to its original use would not cause any harm to the character of the area and street scene to convert this back to public amenity space.
The application in question solely relates to the conversion of the residential land back into public amenity
space. Whilst the proposals include the erection of a fence, in isolation it does not planning permission.
The main consideration is the impact of the proposal on the street scene and the visual amenities of the
area.
It is therefore considered that the proposal would conflict with policy URB1 which states that the change
of use of such areas of land will not be permitted unless the land is of minimum benefit in terms of its
impact on local amenity / recreation.
There would be no loss of privacy or amenity for the occupiers of No. 22 Hornbeam as a result of the
change of use of this land.
Given the above, the proposal is acceptable.
Other Matters
Concern has been raised by several residents with regards to the fencing being attached to No.21. This
has not been indicated on the plans or application form and would be a civil matter.
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Concern has also been raised with regards to revoking a previous planning permission, reference
00/00102/COU. The Council is not seeking to revoke any planning permission at the site; the land in question is under the ownership of the Council and currently the land in question is being used for
residential space as indicated by No.22 therefore the planning application relates to the conversion of this
land back into amenity space. Whilst the previous planning permission gave planning permission for the
use of the land to be used as garden land, it did not given permission for the adjoining owner to trespass
on the land.
Purchasing the land is a separate matter to planning permission and the land in question has not been
purchased by the adjoining land owner. It is therefore still in the ownership of the Council, although
planning permission was granted at the site for its change of use the conversion of this back into public
amenity is therefore not considered unacceptable.
CONCLUSION
The proposed development would not cause any adverse impact on neighbours, highways or street scene
and is therefore considered acceptable.
RECOMMENDATION – Grant
CONDITIONS
1. The development hereby permitted shall be begun before the expiration of three years from the
date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).
2. The development hereby permitted shall be carried out in accordance with the following approved
plans:
Location Plan
Site Plan V1636 Proposed Elevations
Reason: To ensure that the development is carried out in accordance with the approved details.
INFORMATIVES
1. The Council works positively and proactively on development proposals to deliver sustainable
development in accordance with the NPPF. In this instance: The applicant was advised of the
necessary information needed to process the application and, once received, the application was
acceptable and no further engagement with the applicant was required.