Agenda item

APPLICATION NO.

23/02497/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

09.10.2023

APPLICANT

Mr J Finnegan

SITE

Casa Aquila Farm, Upton Lane, Nursling, SO16 0XY, NURSLING AND ROWNHAMS

PROPOSAL

Demolition of agricultural buildings, erection of 5 dwellings, car barns, garages and home offices, extension and renovation of farmhouse, renovation of boundary walls, landscaping, and installation of package treatment plant

AMENDMENTS

-  Amended elevations to each dwelling

-  Amended layout of car barn

CASE OFFICER

Nathan Glasgow

Delegate to the Head of Planning and Building for the completion of a legal agreement on or before 30th June 2024 to secure:

* New Forest SPA contribution; and

* Southampton and Solent Recreation Pressure contribution; and

* Securing of installation, management, maintenance, and monitoring of package treatment plant

* Securing of monitoring fee for the package treatment plants installation and ongoing use.

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:

  Location Plan - 0020 P03

  Proposed Block Plan - 0024 P08

  Proposed Site Plan - 0025 P08

  House 1 - 0026 P05

  Houses 2/3 - 0027 P05

  Houses 4/5 - 0028 P07

  House 6 - 0029 P05

  Car Barns - 0030 P05

  Technical Site Plan (Passing) - 0031 P04

  Technical Site Plan (Fire Appliance) - 0032 P02

  Boundary Wall Plan - 0033 P05

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.  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) Policies E1 and E9.

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. Details shall include:

i)  proposed finished levels or contours;

ii)  means of enclosure;

iii)  hard surfacing materials;

iv)  retained historic landscape features and proposals for restoration;

v)  planting plans;

vi)  written specifications (including cultivation and other operations associated with plant and grass establishment);

vii)  schedules of plants, noting species, plant sizes and proposed numbers/densities;

viii)  programme of implementation, maintenance, and management.

The landscape works shall be carried out in accordance with the approved details and the implementation programme.

Reason:  To enable the development to respect, complement and positively integrate into the character of the area in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1 and E2.

5.

No development shall commence until an Arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority. Specifically, the method statement shall:

1.  Provide a schedule of trees to be retained within 15m of the proposed building, the schedule to include the required root protection areas as set out in British Standard 5837:2012.

2.  Provide a specification for such tree protective fencing, either in accordance with the above standard or as otherwise agreed in writing with the Local Planning Authority.

3.  Confirm timing of erection and dismantling of such tree protective fencing, which must in any case be erected prior to commencement of any site clearance or ground works, and be retained and maintained for the full duration of works until onset of final landscape work or as otherwise agreed in writing with the Local Planning Authority.

4.  Provide a plan at 1:200 or better, detailing the location of such tree protective fencing, including annotation that such fencing shall remain in this position for the full duration of works or unless by prior written agreement with the Local Planning Authority.

5.  Require a sign to be hung on such tree protective fencing, repeated as necessary, which clearly states 'Tree Root Protection Area, do not enter, do not move this fence, or such other similar wording as may be agreed in writing with the Local Planning Authority.

6.  Provide a plan demonstrating that all trenching, excavation, soakaways, pipe and cable runs required by the development can be installed wholly outside the tree protection zones.

7.  Demonstrate that all proposed structures can be built without the construction process impacting upon the retained trees or required tree protection zones.

8.  Demonstrate that all site works, mixing areas, storage compounds, site buildings and associated contractor parking areas remain wholly outside any tree protection zones and at a suitable separation to prevent damage to retained trees

9.  Provide section drawings to show existing and proposed. ground level of construction details of the access drive, including timing of installation and confirmation from the manufacturer that it is fit for purposes and will be able to withstand all demolition and construction traffic.

10.  Provide a schedule of all tree felling and tree surgery works proposed, including confirmation of phasing of such work. All work shall be undertaken in accordance with the requirements, specifications and timing detailed within the approved method statement.

Reason: To prevent the loss during development of trees and natural landscape features and to ensure, so far as is practical, that development progresses in accordance with current Arboriculture best practice, in accordance with Test Valley Borough Revised Local Plan (2016) Policy E2.

6.

Before the commencement of development, a replacement tree planting plan and specification shall be submitted to and agreed in writing by the Local Planning Authority.  The new trees as detailed shall be planted in the approved positions in the first available planting season following the first occupation of the development.  The tree planting shall be planted in accordance with the recommendations in BS8545:2014 'Trees: from nursery to independence in the landscape - Recommendations'.

Reason: To ensure the continuation of canopy cover in the area and enhance the development in accordance with Policy E2 of the Test Valley Borough Revised Local Plan (2016).

7.

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.

Reason:  To safeguard the visual amenities of the area and in the interest of protected species and to safeguard the residential amenities of neighbouring properties in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1, E5 and LHW4.

8.

Development shall proceed in accordance with the measures set out in Section 5 of the Casa Aquila Farm, Upton Lane, Nursling, Southampton, SO16 0XY, Ecological Assessment (Peach Ecology, September 2023). Thereafter, mitigation and enhancement features shall be permanently maintained and retained in accordance with the approved details. Reason: To ensure the favourable conservation status of bats in accordance with Policy E5 of the Test Valley Borough Revised Local Plan (2016).

9.

No development shall commence until joinery details of doors, windows and external features (soffits and fascia’s etc.) to be used on the six dwellings have been submitted to and approved in writing by the Local Planning Authority.  Details shall confirm that all window frames used on Casa Aquila Farmhouse (House 6) are to be white-painted timber, unless otherwise approved in writing by the Local Planning Authority.

Reason: To ensure that the details would sustain the significance of the heritage asset in accordance with Test Valley Borough Revised Local Plan (2016) Policy E9.

10.

No development shall commence until details of all external meter-boxes, vents/flues, aerials and other such items have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the details would sustain the significance of the heritage asset in accordance with Test Valley Borough Revised Local Plan (2016) Policy E9.

11.

Prior to the commencement of development, full details (including detailed method statements) based on condition surveys of all repairs to the historic structures on site, those as set out in paragraph 5.2 of the Heritage Impact Assessment (HCUK Group, September 2023), to include details and justification for any demolition.  This shall be prepared by an appropriately qualified and experienced specialist.

Reason: To ensure that the details would sustain the significance of the heritage asset in accordance with Test Valley Borough Revised Local Plan (2016) Policy E9.

12.

Prior to the commencement of development, a full building record shall be made of all the historic structures on site, those as set out in paragraph 5.2 of the Heritage Impact Assessment (HCUK Group, September 2023), including, but not limited to the house, walls and fountain.

Reason: To ensure that the details would sustain the significance of the heritage asset in accordance with Test Valley Borough Revised Local Plan (2016) Policy E9.

13.

Prior to the commencement of development, a scheme to provide mechanical ventilation to habitable rooms shall be submitted for approval by the Local Planning Authority. The scheme shall provide information to demonstrate that all habitable rooms are served by the ventilation system and that the influx and efflux points for air are adequately insulated against external noise transfer. The approved scheme shall be installed and thereafter retained and maintained, unless otherwise agreed by the Local Planning Authority.

Reason: In the interest of the amenities of the local area and local residents in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

14.

No development shall take place (other than any approved demolition and site clearance works) 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: To ensure a safe living/working environment in accordance with Test Valley Borough Revised Local Plan 2016 policy E8.

15.

Prior to the commencement of demolition and construction activity including site clearance or groundworks, a Construction Environment Management Plan (CEMP) shall be submitted to the Local Planning Authority for approval. The CEMP shall detail the significant risks posed to amenity from the emission of noise, vibration, light and dust and set out the mitigation measures to be employed to control such emissions and mitigate the effects of such emissions on sensitive land uses.  Unless otherwise agreed by the Local Planning Authority, construction activity shall only take place in accordance with the approved CEMP.

Reason: In the interest of the amenities of the local area and local residents in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

16.

No work relating to the construction of the development hereby approved, including site clearance, 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 Bank/Public Holidays, unless otherwise agreed with the Local Planning Authority.

17.

The development shall not be brought into use until provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the development.  Such areas shall be retained as such for the lifetime of the development.

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

18.

Prior to the commencement of development, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the method of cleaning wheels and chassis of all HGV's, plant and delivery vehicles leaving the site and the means of keeping the site access road and adjacent public highway clear of mud and debris during site demolition,

excavation, preparation and construction.  The scheme shall be implemented in accordance with the approved details and shall be installed and operational before any development commences and retained in working order throughout the duration of the development.  No vehicles shall leave the site in a condition whereby mud, clay or other deleterious materials shall be deposited on the public highways.

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

19.

The development shall not be occupied until vehicular visibility splays as detailed on the approved plans in which there should be no obstruction to visibility exceeding 600mm in height above the adjacent carriageway channel line have been completed.  The vehicular visibility splays shall thereafter be retained for the lifetime of the development.  The full visibility envelope must be wholly contained within land under the control of the applicant and/or highway land.

Reason: To provide and maintain adequate visibility in the interests of highway safety and in accordance with Policy T1 of the Test Valley Borough Revised Local Plan (2016).

20.

On the day on which the first dwelling hereby permitted is first occupied for residential purposes, the existing buildings on the application site shall cease to be used for any purpose, and within three months of that day, those existing buildings shall be demolished, and the resultant materials cleared from the site in accordance with details to be submitted and approved in writing with the Local Planning Authority.

Reason:  The site lies in an area where new dwelling units are not normally permitted other than by replacement of the existing agricultural buildings (in this instance by virtue of the Class Q fallback position that would otherwise allow for their conversion), in accordance with Test Valley Borough Revised Local Plan (2016) Policy COM12.

21.

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.

22.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order), no fences, gates, walls or other means of enclosure shall be erected without the prior written consent of the Local Planning Authority

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) Policy COM2.

23.

The ground floor level of the car barn and garage buildings shall at all times be available for the parking of vehicles and shall be retained for such use in perpetuity.  The first-floor level of the car barn and garage buildings shall be used only for purposes incidental to the enjoyment of the dwelling house and shall not be used for any business, commercial or industrial purposes whatsoever.

Reason:  In the interests of the amenity of the area in accordance with Test Valley Borough Revised Local Plan 2016 Policy COM2.

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.

Separate permission is required under the Highways Act 1980 to construct/amend/close an access (Section 171 and Section 184 Licences).  A further application for a Section 278 Minor Works Agreement (or full Section 278) will also be required.  The Highway Authority (Hampshire County Council) Should be contacted at least 12 weeks prior to the access works commencing.

OR

If the s106 agreement is not completed on or before 30^th June 2024 then the application is REFUSED for the following reasons:

1.

The proposed development by means of its nature, location and scale could have likely significant effects upon the nearby Solent and Southampton Water European Designated Site which is designated for its conservation importance. In the absence of a completed legal agreement securing the proposed off-site mitigation, the applicant has failed to satisfy the Council that the proposal would not adversely affect the special interest of the Solent and Southampton Water European Designated Site, therefore the application is contrary to Policies COM2 and E5 of the adopted Test Valley Borough Revised Local Plan (2016) and the Conservation of Habitats and Species Regulations 2017 (as amended).

2.

Separate permission is required under the Highways Act 1980 to construct/amend/close an access (Section 171 and Section 184 Licences).  A further application for a Section 278 Minor Works Agreement (or full Section 278) will also be required.  The Highway Authority (Hampshire County Council) Should be contacted at least 12 weeks prior to the access works commencing.