Agenda item

APPLICATION NO.

24/00194/OUTN

APPLICATION TYPE

OUTLINE APPLICATION - NORTH

REGISTERED

29.01.2024

APPLICANT

Mr Matthew Allsopp

SITE

Valley View Business Park, Walworth Road, Picket Piece, SP11 6LU  ANDOVER TOWN (DOWNLANDS)

PROPOSAL

Outline application for demolition of existing structures, site preparation and erect up to 32 dwellings; with all matters reserved except site access

AMENDMENTS

Additional information received:

• 20.02.2024
• 27.02.2024

CASE OFFICER

Emma Jones

The Officer’s recommendation as per the update paper and amended condition 16 was proposed by Councillor Budzynski and seconded by Councillor Brooks.  Upon being put to the vote the motion was carried.

Delegate to the Head of Planning and Building to grant OUTLINE PLANNING PERMISSION subject to no unresolvable issues being raised by Natural England in respect of the LPA’s Habitat Regulations assessment, and subject to the prior completion of a legal agreement to secure obligations in respect of the following:

·  Nitrate mitigation;

• Affordable housing provision;
• On site public open space provision;
• The delivery of highway infrastructure pedestrian improvements along Walworth Road;
• Health facility improvements;

Then subject to:

1.

Approval of the details of the layout, scale and appearance of the building(s), and the landscaping of the site (herein after called "the reserved matters") shall be obtained from the local planning authority in writing before the development is commenced.

Reason:  To comply with Article 4 of the Town and Country Planning (General Management Procedure) (England) Development Procedure) Order 1995 2015 (or any order revoking and re-enacting that Order).

2.

Applications for the approval of all the reserved matters referred to herein shall be made within a period of three years from the date of this permission. The development to which the permission relates shall be begun not later than whichever is the later of the following dates:

i)  five years from the date of this permission: or

ii)  two years from the final approval of the said reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason:  To comply with the provision of S.92 of the Town & Country Planning Act 1990.

3.

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

• P22-1713_DE_004_A_01
• 195.0005.004

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

4.

Notwithstanding the information submitted, no development shall take place until a detailed surface water drainage scheme for the site, based on the principles within the submitted Flood Risk Assessment has been submitted to and approved in writing by the Local Planning Authority. The submitted details should include the following:

·  A technical summary highlighting any changes to the design from that within the approved Flood Risk Assessment;

·  Infiltration test results undertaken in accordance with BRE365 and providing a representative assessment of those locations where infiltration features are proposed;

·  Winter groundwater monitoring results;

·  Detailed drainage plans to include type, layout and dimensions of drainage features including references to link to the drainage calculations;

·  Detailed drainage calculations to demonstrate existing runoff rates are not exceeded and there is sufficient attenuation for storm events up to and including 1:100 + climate change;

·  Evidence that urban creep has been included within the calculations;

·  Confirmation that sufficient water quality measures have been included to satisfy the methodology in the Ciria SuDS Manual C753;

·  Exceedance plans demonstrating the flow paths and areas of ponding in the event of blockages or storms exceeding design criteria;

·  Details for the long term maintenance arrangements for the surface water drainage system including maintenance schedules for each drainage feature type and ownership, and details of protection measures.

Development shall be carried out and maintained in perpetuity in accordance with the approved details, and no dwelling shall be occupied until all drainage works have been carried out in accordance with such details.

Reason:  Details are required prior to the commencement of development to ensure the prevention of an increased risk of flooding and to ensure the improvement and protection of water quality, habitat and amenity in accordance with policy E7 of the Test Valley Borough Revised Local Plan 2016.

5.

No development shall take place until an assessment of the nature and extent of any contamination and a scheme for remediating the contamination has been submitted to and approved in writing by the Local Planning Authority. The assessment must be undertaken by a competent person, and shall assess the presence of any contamination on the site, whether or not it originates on the site. The assessment shall comprise at least a desk study and qualitative risk assessment and, where appropriate, the assessment shall be extended following further site investigation work. In the event that contamination is found, or is considered likely, the scheme shall contain remediation proposals designed to bring the site to a condition suitable for the intended use. Such remediation proposals shall include clear remediation objectives and criteria, an appraisal of the remediation options, and the arrangements for the supervision of remediation works by a competent person. The site shall not be brought in to use until a verification report, for the purpose of certifying adherence to the approved remediation scheme, has been submitted to and approved in writing by the Local Planning Authority.

Reason: Details are required prior to the commencement of development to ensure a safe living/working environment in accordance with Test Valley Borough Revised Local Plan 2016 policy E8.

6.

No development shall take place until a method of demolition and construction has been submitted to and approved in writing by the Local Planning Authority. The scheme should include suitable dust control measures and details of how noise impacts from any temporary plant, such as generators, will be minimised so as to protect residential amenity. Development shall be carried out in accordance with the approved details.

Reason:  Details are required prior to the commencement of the development in the interests of amenity in accordance with Test Valley Borough Revised Local Plan 2016 policy E8.

7.

No development shall take place until full details of the layout for the parking and manoeuvring onsite of contractor's and delivery vehicles during the construction period shall be 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.

Reason: Details are required prior to the commencement of the development to ensure that construction of the proposed development will be in the interest of highway safety in accordance with Test Valley Borough Revised Local Plan 2016 policy T1.

8.

No development shall take place until details of the proposed means of foul sewerage disposal have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details, and none of the dwellings shall be occupied until the works for the disposal of sewage have been provided to serve each dwelling.

Reason: Details are required prior to the commencement of the development to ensure that adequate provision for sewage infrastructure has been made having regard to policy E7 of the Test Valley Borough Revised Local Plan 2016.

9.

Notwithstanding the information submitted, no development shall take place until a scheme for the protection of the dwellings hereby permitted from noise has been submitted to and approved in writing by the Local Planning Authority. Any noise mitigation measures shall be installed in accordance with the approved details prior to the first occupation of any dwelling hereby permitted, and shall be permanently retained and maintained.

Reason: Details are required prior to the commencement of the development in the interests of amenity in accordance with Test Valley Borough Revised Local Plan 2016 policy E8.

10.

Notwithstanding the information submitted, no development shall take place (including site clearance) until a full arboricultural assessment and method statement has been submitted to and approved in writing by the Local Planning Authority.  Details shall also include the construction methods for the proposed footway along Walworth Road, which should comprise of site specific construction drawings that include sections showing existing and proposed ground levels and a means of retention.  Any tree protective measures installed shall be maintained and retained for the full duration of works or until such time as 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 without the prior written agreement of the Local Planning Authority.  All service routes, drain runs, soakaways or excavations in connection with the same shall remain wholly outside the tree protective barrier without the prior written agreement of the Local Planning Authority.

Reason: Details are required prior to the commencement of the development 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 policy E2.

11.

No piling or any other foundation designs using penetrative methods shall be carried out until full details, including method statements, have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

Reason:  In the interests of amenity in accordance with policy E8 of the Test Valley Borough Revised Local Plan 2016.

12.

The development hereby permitted shall be carried out in accordance with the mitigation recommendations contained within the submitted Ecological Appraisal report (prepared by All Ecology, dated January 2024).  Notwithstanding the information submitted, no development shall take place above DPC level of any dwelling hereby permitted until a scheme of biodiversity enhancement has been submitted to and approved in writing by the Local Planning Authority. Any enhancement measures shall be installed in accordance with the approved details prior to the first occupation of any dwelling hereby permitted, and shall be permanently retained and maintained.

Reason: To ensure the conservation and enhancement of biodiversity in accordance with Test Valley Borough Revised Local Plan 2016 policy E5.

13.

No development shall take place above DPC level of any dwelling hereby permitted until samples and details of the materials to be used in the construction of all external surfaces of that dwelling hereby permitted have been submitted to and approved in writing by the Local Planning Authority. 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.

14.

Notwithstanding the details submitted, no development shall take place above DPC level of any dwelling hereby permitted until full details of hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. Details shall include: proposed finished levels or contours; means of enclosure, including to prevent conflicts with existing adjoining land uses to the north; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.); proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports.). 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 approved details.

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.

15.

No development shall take place above DPC level of any dwelling hereby permitted until details of how any bin stores would be accessed and secured, together with details of any lighting, have been submitted to and approved in writing by the Local Planning Authority.  The bin storage provision shall be implemented in accordance with the approved details prior to the first occupation of the associated residential units hereby permitted, and shall be retained and maintained as such in perpetuity.

Note: The bins need to be freely moved from the bin store to the waste vehicle and back. There should be no kerbs or obstructions over which the bins have to be moved, and there should be a flat and level access pathway to move the bins.

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

16.

A landscape management plan, including long-term design objectives and arrangements for its implementation, including management responsibilities and maintenance schedules (for a minimum ten year period), for all landscape areas other than privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to reaching DPC level of the first dwelling of the development hereby permitted. The landscape management plan shall include scope for any on-site ecological mitigation to be provided prior to the occupation of the first dwelling, and the landscape management shall be carried out as approved.

Reason: To ensure appropriate maintenance of all non-domestic landscaped areas in the development having regard to policy E2 of the Test Valley Borough Revised Local Plan 2016

17.

No dwellings hereby permitted shall be occupied until vehicular access to the public highway to serve each dwelling has been provided in accordance with the approved plans.

Reason: To ensure a satisfactory and safe means of access to the highway in accordance with Test Valley Borough Revised Local Plan (2016) Policy T1.

18.

No dwelling hereby permitted shall be occupied until its associated provision for car parking, including garages where relevant, and manoeuvring has been made in accordance with the approved plans. The car parking and manoeuvring provision shall thereafter be maintained for such purposes at all times.

Reason: In the interest of highway safety in accordance with the Test Valley Borough Revised Local Plan (2016) Policies T1 and T2.

19.

No dwelling hereby permitted shall be occupied until its associated provision for cycle parking/storage has been made in accordance with the approved plans. The cycle parking/storage shall be maintained for this purpose at all times.

Reason: In the interest of providing sufficient safe parking for cyclists in accordance with the Test Valley Borough Revised Local Plan (2016) Policies T1 and T2.

20.

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.

21.

No work relating to the construction of the development hereby approved, including deliveries, collections or works of demolition or preparation prior to operations, shall take place before the hours of 07.30 nor after 18.00 on Mondays to Fridays; before the hours of 08.00 nor after 13.00 on Saturdays; and at all on Sundays and Public Holidays, unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of amenity in accordance with Test Valley Borough Revised Local Plan 2016 policy E8.

22.

There shall be no burning on site during site clearance and construction.

Reason:  In the interests of amenity in accordance with Test Valley Borough Revised Local Plan 2016 policy E8.

23.

In the event that contamination 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 submitted to and approved in writing 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.

24.

No external plant, machinery or equipment shall be installed in association with the use of the development hereby permitted until details have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the location, appearance, design, specification and noise performance of the plant or equipment, and all measures required to mitigate any noise emissions to ensure that they will not cause detriment to the amenity of nearby residential occupiers. Development shall be carried out in accordance with the approved details, and any mitigation measures required to reduce noise from the plant or equipment shall be completed prior to the same being brought into use and permanently retained thereafter. 

Reason:  In the interests of amenity in accordance with Test Valley Borough Revised Local Plan 2016 policy E8.

25.

No external lighting shall be installed at the site until full details have been submitted to and approved in writing by the Local Planning Authority.  The lighting shall be installed and operated in accordance with the approved details.

Note: All lighting should follow best practice guidelines outlined by the Bat Conservation Trust and the Institute of Lighting Professionals (Guidance note 08/18 Bats and artificial lighting in the UK).

Reason: To protect existing bat populations within the area and in the interests of amenity in accordance with Policies E5 and E8 of the Test Valley Borough Revised Local Plan 2016.

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.

Attention is drawn to the requirements of the Agreement dated XXXXXX under Section 106 of the Town and Country Planning Act 1990 which affects this development.

3.

The applicant is advised to contact Network Rail Asset Protection team to discuss their requirements in respect of maintaining the safe operation of the railway and protecting Network Rail’s infrastructure.