Agenda item

APPLICATION NO.

23/01071/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

18.05.2023

APPLICANT

Mr and Mr Parsons

SITE

Friars Orchard, Rectory Hill, West Dean, SP5 1JL,  WEST TYTHERLEY AND FRENCHMOOR

PROPOSAL

Demolition of barn, erection of dwelling and installation of treatment plant

AMENDMENTS

27 October 2023 – structural engineers letter received

CASE OFFICER

Kate Levey

Delegate to Head of Planning & Building for completion of satisfactory consultation with Natural England with respect to the impact of the development on European sites (together with any appropriate conditions as required), and the completion of a legal agreement to secure;

· Removal of nitrate mitigation land from agricultural production

· Future management of the nitrate mitigation land

Then PERMISSION subject to:

1.

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

Reason:  To comply with the provision of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.

The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers

0202-02-02-004 E, 0202-02-02-005, 0202-02-02-001 D, 02-02-02-002a, 0202-02-02-003a, 0202-02-02-005, 202-02-03-001a B, 0202-02-04-001 D, 0202-02-05-001 D, 0202-02-05-002 C

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

3.

No development shall take place above DPC level of the development hereby permitted until samples and details of the materials to be used in the construction of all external surfaces hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The roof material shall be either be thatch, clay tiles or slate. Development shall be carried out in accordance with the approved details.

Reason: To ensure the development has a satisfactory external appearance in the interest of visual amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1 and policy HD4 of the West Tytherley and West Dean Neighbourhood Development Plan.

4.

No development shall take place above DPC level of the development hereby permitted until full details of hard and soft landscape works have been submitted and approved. Hard landscape details shall include: means of enclosure and hard surfacing materials. Soft landscape works shall include: planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities.

The landscape works shall be carried out in accordance with the implementation programme and in accordance with the management plan.

Reason:  To improve the appearance of the site and enhance the character of the development in the interest of visual amenity and contribute to the character of the local area in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1 and E2.

5.

No development shall take place above DPC level of the development hereby permitted until a schedule of landscape management and maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas and an implementation programme, shall be submitted to and approved in writing by the Local Planning Authority. The approved management plan shall be carried out in accordance with the implementation programme.

Reason: To ensure the provision of amenity afforded by proper maintenance of existing and new landscape features as an improvement of the appearance of the site and to enhance the character of the development in the interest of visual amenity and contribute to the character of the local area in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1 and E2.

6.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and  re-enacting that Order with or without modification), no windows, dormer windows or roof lights [other than those expressly authorised by this permission] shall be installed or constructed in/on the dwelling hereby permitted.

Reason:  In order that the Local Planning Authority can exercise control in the locality in the interest of residential amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policy LHW4.

7.

The development shall not be occupied until space has been laid out and provided for the parking and manoeuvring of vehicles in accordance with plan number 0202-02-02 004E. This space shall thereafter be reserved for such purposes at all times.

Reason: In the interests of highway safety in accordance with Test Valley Borough Revised Local Plan (2016) Policy T1.

8.

In the event that contamination (that was not previously identified) is found at any time during construction works, the presence of such contamination shall be reported in writing to the Local Planning Authority without delay and development shall be suspended on the affected part of the site until a remediation scheme for dealing with that contamination has been approved by the Local Planning Authority. The approved remediation scheme shall be implemented and, if requested, a verification report, for the purpose of certifying adherence to the approved remediation scheme, shall be submitted to the Local Planning Authority prior to the site being brought in to use.

Reason: To ensure a safe living/working environment in accordance with Test Valley Borough Revised Local Plan 2016 policy E8.

9.

Development shall proceed in accordance with mitigation and enhancement measures outlined within Section 5.3 ‘Recommendations’ of the Friars Orchard, West Dean, Salisbury, Wiltshire, Bat and Barn Owl Survey (David Leach Ecology Ltd., August 2020). Biodiversity enhancement measures shall be retained and maintained in perpetuity.

Reason: To enhance biodiversity in accordance with NPPF and the Natural Environment and Rural Communities Act 2006 and with Policy E5 of the Test Valley Revised Local Plan (2016).

10.

The development hereby approved shall be designed and built to meet Regulation 36 2 (b) requirement of 110 litres/person/day water efficiency set out in part G2 of Building Regulations 2015.

Reason: In the interests of improving water usage efficiency in accordance with policy E7 of the Test Valley Borough Revised Local Plan 2016.

11.

No external lighting shall be installed unless in accordance with details that have been submitted to and approved in writing by the local planning authority. The details shall include plans and details sufficient to show the location, type, specification, luminance and angle of illumination of all lights/luminaires and a light spread diagram. All lighting shall be implemented in accordance with approved details and retained and maintained as such in perpetuity.

Reason: In the interest of visual amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1, and additionally to ensure the favourable conservation status of bats in accordance with Policy E5 of the Test Valley Revised Local Plan 2016.

12.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected within the curtilage of the dwelling house forward of any wall of the dwelling house which fronts onto the public footpath.

Reason:  In order that the Local Planning Authority can exercise control in the locality in the interest of the local amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1 and E2.

13.

No development shall commence until full details of the layout for the parking and manoeuvring on site of contractors and delivery vehicles during the construction period have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the commencement of development and retained for the duration of the construction period. All builders’ and contractors’ vehicles, machinery, equipment, materials, scaffolding and anything associated with the works shall be stored within the site, and not left on or near the public right of way known as West Tytherley 12.

Reason: To ensure the development is does not have an impact on the function, safety, or character of and accessibility to the local or strategic highway network or rights of way network in accordance with policy T1 of the Test Valley Borough Revised Local Plan (2016).

14.

No development shall commence (including site clearance and any other preparatory works) until a scheme for the protection of trees to be retained has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location and specification of tree protective barriers.  Such barriers shall be erected prior to any other site operations and at least three working days notice shall be given to the Local Planning Authority that it has been erected.

Note: The protective barriers shall be as specified at Chapter 6.2 and detailed in figure 2 of B.S.5837:2012 unless otherwise agreed in writing with the Local Planning Authority. No activities, nor material storage, nor placement of site huts or other equipment what-so-ever shall take place within the barrier and the barriers shall be retained for the duration of the development.

Reason:  To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with Test Valley Borough Revised Local Plan (2016) policy E2.

Notes to applicant:

1.

In reaching this decision Test Valley Borough Council (TVBC) has had regard to the National Planning Policy Framework and takes a positive and proactive approach to development proposals focused on solutions. TVBC work with applicants and their agents in a positive and proactive manner offering a pre-application advice service and updating applicants/agents of issues that may arise in dealing with the application and where possible suggesting solutions.

2.

No builders or contractor’s vehicles, machinery, equipment, materials, scaffolding or anything associated with the works should be left on or near the footpath so as to obstruct, hinder or provide a hazard to users.

3.

Nothing connected with the development or its future use should have an adverse effect on the right of way, which must remain available for public use at all times in perpetuity.

4.

All vehicles would be accessing the site via a public footpath and should give way to public users at all times.