Agenda item

Delegated to Head of Planning and Building for the completion of a Legal Agreement to secure:

·  Care Home obligations with specific care home package

• Wellness suite and the restaurant facilities to be made available for wider public use (for local residents aged 55 or over as private members)

·  Transport Services

·  Heritage Management

·  HCC Footpath works

·  Permissive path

·  Management of woodland

·  Nitrogen Neutrality mitigation

·  Health Facilities Contribution – Eastleigh BC only

And:

·  The receipt of a satisfactory consultation reply from Natural England in respect of additional evidence for Nitrate Neutrality.

·  The receipt of a satisfactory consultation reply from the Environment Agency in respect of existing on site culvert.

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

PL 026 B

PL 027 B

PL 011 B

PL 012 B

PL 013 C

PL 014 B

PL 015 C

PL 016 C

PL 017 C

PL 018 C

14-159-1313 B

14-159-1307 E

14-159-1311 C  

14-159-1315 B

14-159-1308 E

14-159-1306 E

PL 022 C

PL 002 B

14-159-1310 C

DD240L02 C

PL 009 B

PL 010 B

PL 008 C

14-159-1312 B

PL 024 A

PL 025 A

34NS201 - SHEET 1 OF 1

14-159-1314 A

14-159-1316 A

001 A

34NS002M SHEET 2 OF 10

34NS002M SHEET 5 OF 10

PL 006 A

PL 005 A

PL 007 A

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) Policy E1.

4.

No development shall take place above DPC level of the development hereby permitted until the following final details have been submitted to and approved in writing by the Local Planning Authority. The development must then accord with these approved details:

i  Swift boxes

ii  Cycle and bin storage

iii  Provisions for electric vehicle charging

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.

5.

No development shall take place above DPC level of the development hereby permitted until plans and particulars at 1:20 scale showing the proposals for the following aspects of the development have been submitted to and approved in writing by the Local Planning Authority. The development must then accord with these approved details:

i  Details of rainwater goods.

ii  Details of fascias and soffits

iii  Balcony details

iv  Details of chimneys

v  Door and window details and designs, including heads and cills

vi  Porch 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.

6.

Before the development hereby permitted is commenced details, including plans and cross sections, shall be submitted to and approved by the Local Planning Authority of the existing and proposed ground levels of the development and the boundaries of the site and the height of the ground floor slab and damp proof course in relation thereto. Development shall be undertaken in accordance with the approved details.

Reason:  To ensure satisfactory relationship between the new development and the adjacent buildings, amenity areas and trees in accordance with Test Valley Borough Revised Local Plan (2016) policy E1 and E9.

7.

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-where appropriate: proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; 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.); retained historic landscape features and proposals for restoration, where relevant.

Soft landscape works shall include: planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment such as tree pits); 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.

8.

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.

9.

The development hereby approved shall be undertaken in full accordance with the provisions set out within the James Fuller Arboriculture Report and Method Statement reference JFA10259CCRC _2020=04-14 AMS V2.

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 policy E2.

10.

Tree protective measures installed (in accordance with the tree protection condition) 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.

Reason:  To ensure the avoidance of damage to existing trees and natural features during the construction phase in accordance with Test Valley Borough Revised Local Plan policy E2.

11.

All service routes, drain runs, soakaways or excavations in connection with the development hereby permitted shall remain wholly outside the tree protective barrier.

Reason:  To ensure the avoidance of damage to existing trees and natural features during the construction phase in accordance with Test Valley Borough Revised Local Plan policy E2.

12.

No development shall take place (including site clearance and any other preparatory works) until a scheme setting out the appointment of a project arboriculturalist and provision of arboricultural supervision has been submitted to and approved in writing by the Local Planning Authority.  Arboricultural supervision as agreed in discharge of this condition to be implemented for the duration of the project.

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 policy E2 (2016).

13.

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

a)  Management of exceedance flows routes including areas of the site that will be allowed to flood and conveyance of flood waters. This should include expected flood depths and extension.

b)  A maintenance and management plan for the entire surface water drainage system, including a plan illustrating the organisation responsible for each element, should be submitted to the LPA and LLFA.

Development shall be carried out in accordance with the approved details.

Reason:  To ensure the development provides the satisfactory provision of foul and surface water drainage in accordance with policy E7 of the revised Borough Local Plan 2016.

14.

Occupation of the development shall not commence until foul sewage provisions (as agreed with Southern Water Services) shall have been provided.

Reason:  To ensure the development provides the satisfactory provision of foul and surface water drainagein accordance with policy E7 of the revised Borough Local Plan 2016.

15.

No works to the existing Public Right of Way Footpath 56 shall take place on site until full details and the method of construction of works to Footpath 56, including materials and finishes, to provide a means of access to the development site from Stoneham Lane have been submitted and approved in writing by the Local Planning Authority. The approved works shall be completed prior to first occupation of the development hereby permitted. 

Reason:  To retain the public rights of way appropriately in accordance with policy T1 of the revised Borough Local Plan 2016.

16.

The details and provisions of the approved Lighting Assessment (WYG, 4 Nov 2019, Ref A11493 Rev2) shall be fully implemented prior to the first occupation of the development hereby permitted, unless otherwise agreed in writing by the Local Planning Authority. Reason:  In the interests of visual amenity, safety and to protect biodiversity in accordance with policies E1, E5 and LHW4 of the revised Borough Local Plan 2016.

17.

The development hereby permitted shall be implemented in accordance with the report and recommendations of the submitted Ecological Appraisal (WYG March 2018 V3), Bat Report (WYG March 2018 V3), Great Crested Newt Report (WYG December 2018 V2) and Ecology letter April 2020. 

Reason:  To ensure the protection of protected species in accordance with policy E5 of the Revised Borough Local Plan 2016.

18.

Prior to the commencement of development, a badger survey will be undertaken, the details of which, including mitigation measures if badgers are found on site, will be submitted to and approved in writing by the local planning authority. The development must accord with these details.

Reason:  To ensure no disturbance to badger setts in accordance with policy E5 of the Revised Borough Local Plan 2016.

19.

No developmentshall 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 LocalPlanning Authority.

Reason:  To minimise the risks of pollution and to ensure the site is satisfactorily de-contaminated in accordance with policy E8 of the Revised Borough Local Plan 2016.

20.

The roads and footways as shown on the approved plans shall be laid out and made up in accordance with the approved details prior to the first occupation of the development hereby permitted. Reason:  To provide appropriate pedestrian and vehicular access in accordance with policy T1 of the Revised Borough Local Plan 2016.

21.

The development shall not be occupied until the areas shown on the approved plan for the parking and turning of vehicles shall have been made available, surfaced and marked out, with markings to be agreed beforehand by the Local Planning Authority. The parking areas shall then be permanently retained and reserved for that purpose at all time.

Reason:  To make provision for off-street parking for the purpose of highway safety in accordance with policy T2 of the Revised Borough Local Plan 2016.

22.

No private parking management scheme shall be implemented on the site and no additional or altered vehicle parking areas shall be provided on any part of the development without the prior written approval of the Local Planning Authority.

Reason:  For the purpose of highway safety in accordance with policy T2 of the Revised Borough Local Plan 2016.

23.

No burning of materials obtained by site clearance or any other source shall take place during the demolition, construction and fitting out process.

Reason:  To protect the amenities of the occupiers of nearby properties in accordance with policies LHW4 and E8 of the Revised Borough Local Plan 2016.

24.

No construction or demolition work shall take place except between 0800 hours to 1800 hours Mondays to Fridays and 0800 hours to 1300 hours on Saturdays and not at all on Sundays or Bank Holidays unless otherwise agreed in writing with the Local Planning Authority.

Reason:  To protect the amenities of the occupiers of nearby dwellings in accordance with policy LHW4 of the Revised Borough Local Plan 2016.

25.

Before development commences, a Construction and Environmental Management Plan (CEMP), shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following details:

i  the timing and phasing of the works and lorry routing

ii  the incidental recovery of minerals for construction works;

iii  the location of temporary site buildings and plant and material storage areas,

iv  the arrangement for construction deliveries and access

v  dust impacts and controls

vi  temporary construction car parking both on and off-site,

vii  temporary lighting ,

viii  mud on the road mitigation,

ix  a scheme for controlling noise and vibration from demolition and construction activities.

x  the protection of pedestrian routes during construction,

xi  storage of and collection of waste

xii  controls for the volume and the quality of surface water runoff,

xiii  watercourse crossings and any proposed diversions (temporary or permanent),

xiv  a map or plan showing habitat areas to be specifically protected (identified in the ecological reports) during the works and any necessary mitigation for protected species to include:

a.  The timing of the works

b.  Watercourse crossings and any proposed diversions (temporary or permanent)

c.  The measures to be used during construction in order to minimise environmental impact of the works on habitats (considering both disturbance and pollution prevention)

xv  Information on the persons/bodies responsible for particular activities associated with the construction phase

xvi  Details of the Heras fencing to be installed 2 meters off set from the listed garden wall for the duration of the construction with all works carried out within the 2m zone to be conducted via a ‘permit to work’ system

xvii  the use and siting of any temporary power supplies (generators)

All works shall be retained and maintained for the entirety of the works and carried out in accordance with the approved CEMP.

Reason:  In the interests of amenity, highway safety and protection of ecological features in accordance with policy LHW4, T1 and E5 of the Revised Borough Local Plan 2016.

26.

Development shall be carried out in accordance with the archaeological provisions set out in that document (edp 1574-r009a dated April 2020).

Reason:  To ensure the protection of heritage assets in accordance with policy E9 of the Revised Local Plan 2016.

27.

Details of fenestration with confirmation that it will achieve the internal guideline levels recommended in Table 4 of BS8233:2014 shall be submitted to the Local Planning Authority for approval prior to installation. The approved fenestration to be installed prior to first occupation and thereafter maintained.

Reason:  To protect residential amenity in accordance with policy LHW4 of the Revised Local Plan 2016.

28.

Prior to construction above ground level, details of a system for ventilating the residential properties to protect thermal and acoustic comfort of future occupants shall be submitted to the Local Planning Authority for approval. The applicant should refer to the ANC/IOA/CIEH Guidance “Acoustics, ventilation and overheating Residential Design Guide 2020” in designing a suitable scheme. The development shall be carried out in accordance with the approved details before occupation and thereafter maintained.

Reason:  To protect the amenity health and wellbeing of future occupiers in accordance with policy LHW4 of the Revised Local Plan 2016.

29.

Details of the building sound insulation for the spa, gym and café/restaurant design to prevent breakout noise shall be submitted to the Local Planning Authority for approval prior to installation. The approved plant design to be installed prior to first occupation and thereafter maintained. 

Reason:  To protect the amenity health and wellbeing of future occupiers in accordance with policy LHW4 of the Revised Local Plan 2016.

30.

Prior to its installation, a scheme detailing all plant, machinery, chimneys, ducting, filters or extraction vents, including noise and odour control information, to be used in connection with the use have been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented prior to the use commencing and thereafter retained.

Reason:  To protect the amenity, health and wellbeing of future occupiers in accordance with policy LHW4 of the Revised Local Plan 2016.

31.

For all plant including air handling and extraction plant, details of a plant noise assessment, carried out as detailed in BS4142:2014+A1 with confirmation that the Rating level will not exceed the background level at the nearest noise sensitive location shall be submitted to the Local Planning Authority for approval prior to installation. The approved plant design to be installed prior to first occupation and thereafter maintained.

Reason:  To protect the amenity, health and wellbeing of future occupiers in accordance with policy LHW4 of the Revised Local Plan 2016.

32.

No part of any new wall on the extension and works to the existing Coach House hereby consented to shall be constructed on site until a sample wall panel, not less than 1 metre square, has first been constructed on site, inspected and approved in writing by the Local Planning Authority. The panel shall then be left in position for comparison whilst the development is carried out. Works shall be carried out in accordance with the approved sample panel.

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

33.

The development shall not be occupied until a 1.8m high stock proof fence has been provided on the southern boundary of the application site shared with the Eastleigh and District angling Club.

Reason:  To ensure security and safety for residents of the proposed development and users of the adjacent angling lakes in accordance with LHW4.

34.

No percussive or vibratory piling work shall be conducted on site until a noise and vibration assessment has been conducted and a scheme of mitigation measures has been submitted to and agreed in writing by the Local Authority. The agreed mitigation measures shall be carried out in accordance with the approved details.

Reason:  To protect the amenity, health and wellbeing of future occupiers in accordance with policy LHW4 of the 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.

The development hereby permitted shall be carried out and completed strictly in accordance with the submitted plans, specifications and written particulars for which permission is hereby granted or which are subsequently submitted to, and approved in writing by, the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.

3.

The various trees standing within this site are all protected by virtue of standing within a Conservation Area / Tree Preservation Order TPO.55.TVS12. Damage to the trees is an offence under the Town and Country Planning Act 1990. Failure to comply with the tree protection conditions above is likely to result in damage to the trees. Tree damage may lead to the prosecution of those undertaking the work and those causing or permitting the work.

4.

Attention is drawn to the regular bell-ringing activities at St Nicolas Church, Stoneham Lane and the potential noise implications.

5.

Attention drawn to legal agreement TBC

6.

The applicant’s attention is drawn to the requirement within the British Standard ‘Code of practice for safe use of cranes’ for crane operators to consult the aerodrome before erecting a crane in close proximity to an aerodrome. This is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’, available at http://www.aoa.org.uk/wp-content/uploads/2016/09/Advice-Note-4-Cranes-2016.pdf

7.

No vegetation clearance shall occur on site during the bird nesting season [between 1st March & 31st August] unless supervised by an appropriately qualified ecologist.

8.

The applicant should contact Hampshire Countryside Service to discuss the temporary closure and diversion of the public footpath. Temporary Closure Orders should be applied for at least 6 weeks prior to the commencement of works and details of how to apply can be found at: