Agenda item

21/00718/FULLS

(OFFICER RECOMMENDATION: PERMISSION)

SITE: Holly Lodge, Chilworth Road, Chilworth, SO16 7JZ  CHILWORTH

CASE OFFICER: Mr Paul Goodman

Minutes:

 

 

 

APPLICATION NO.

21/00718/FULLS

 

APPLICATION TYPE

FULL APPLICATION - SOUTH

 

REGISTERED

01.04.2021

 

APPLICANT

Mr Chris Rees

 

SITE

Holly Lodge, Chilworth Road, Chilworth, SO16 7JZ  CHILWORTH

 

PROPOSAL

Erection of nine residential dwellings consisting of five apartments and four dwelling houses, with associated vehicular access, parking areas and landscaping

 

AMENDMENTS

Amended/Additional information received 26.06.21 & 01.09.21.

 

CASE OFFICER

Mr Paul Goodman

 

 

Delegated to Head of Planning & Building for completion of a legal agreement to secure;

  • Removal of nitrate mitigation land from agricultural production
  • Future management of the nitrate mitigation land, and
  • New Forest SPA contribution.
  • Solent and Southampton Water SPA contribution.
  • Affordable housing contribution.
  • s106 monitoring fee

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.

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.

 

 

3.

The development hereby approved shall be undertaken in full accordance with the provisions set out within the Arboricultural Impact Appraisal and Method Statement, Report reference number: AIA/AMS-KC/AH/HOLLY/001 Revision B and its accompanying Tree Protection Plan.

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.

 

 

 

 

 

 

4.

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.

 

5.

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.

 

6.

No development shall take place above DPC level 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); schedules of plants, noting species, plant sizes and proposed numbers/densities. The soft landscape proposals shall include details of soft boundary treatments to the outside edges of the site.

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.

 

7.

The development shall not be occupied until space has been laid out and provided for the parking and manoeuvring of vehicles to enable them to enter and leave the site in a forward gear in accordance with the approved plan and 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.

Any gates shall be set back at least 4.5 metres from the edge of the carriageway of the adjoining highway.

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

 

9.

Prior to the commencement of development 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:  In the interest of highway safety in accordance with Test Valley Borough Local Plan 2016 policy T1.

 

10.

There shall be no construction or demolition works, no machinery shall be operated, no processes carried out and no deliveries received or dispatched outside the following times: 07:30 to 18:00 hours Monday to Friday and 08:00 to 13:00 hours on Saturday.  In addition, no such activities shall take place on Sundays, Bank or Public holidays.

Reason:  In the interests of the amenities of neighbouring properties in accordance with Test Valley Borough Local Plan policies E8 and LWH4.

 

11.

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

 

12.

Notwithstanding the submitted information no development shall take place until details of foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority and Lead Local Flood Authority. Details submitted for approval must include a technical summary, detailed drainage drawings and detailed drainage calculations. All infiltration testing shall be undertaken in accordance with BRE365 including multiple tests undertaken in succession and with locations / depths being commensurate with the proposed design. On approval development shall be undertaken in accordance with the approved details.

Details for the long-term maintenance arrangements for the surface water drainage system shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any of the dwellings. The submitted details shall include;

a.  Maintenance schedules for each drainage feature type and ownership.

b.  Details of protection measures.

Maintenance and protection measures shall be carried out in accordance with the approved details.

 

 

 

Reason: To ensure a satisfactory form of development and in the interest of local amenities in accordance with Test Valley Borough Revised Local Plan 2016 policy E7.

 

13.

Development shall proceed in accordance with the measures set out in Holly Lodge, Chilworth, Ecological Assessment (Peach Ecology, August 2021). Thereafter, mitigation and enhancement measures shall be permanently maintained and retained in accordance with the approved details, with photographic evidence provided to the Local Planning Authority within 6 months of occupation.

Reason:  To protect biodiversity in accordance with the Conservation Regulations 2017, Wildlife & Countryside Act 1981, the NERC Act (2006), NPPF and with Policy E5 of the Test Valley Borough Council Adopted Local Plan 2011-2029.

 

14.

No development shall take place unless or until an Environmental Management Plan has been submitted to, and approved in writing by, the Local Planning Authority.  The Environmental Management Plan shall cover the control of noise, dust and spoil during the demolition, site preparation and construction phases of development. The Environmental Management Plan shall include the provision of wheel washing, and any other suitable facility, to avoid the deposit of spoil onto the highway network. Work shall be undertaken in accordance with the approved Environmental Management Plan.

Reason:  In the interests of the amenities of neighbouring properties in accordance with Test Valley Borough Local Plan policies E8 and LWH4.

 

15.

Details of any external lighting shall be submitted to and approved in writing by the local planning authority prior to first installing any such lighting before the building(s) is/are occupied. Lighting shall 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). Development shall be carried out in accordance with the approved details.

Reason:  To safeguard the amenities of the area and to prevent disturbance to protected species in accordance with Test Valley Borough Revised Local Plan (2016) Policies E8 and E5.

 

16.

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

521 – 0102

1046-PSL-00

1046-PSL-01 3

1046-BINS-PL500

1046-BINS-PL200

1046-GATE-PL500

1046-01-PL201

1046-02-06-PL201

 

 

1046-07-PL201

1046-08-PL201

1046-09-PL201

1046-01-PL500 

1046-02-06-

1046-08-PL500 

1046-09-PL500 

1046-07-PL500 

1046-GAR09-PL500 

1046-GAR02-06-PL500 

1046-GAR-PL200 

1046-02-06-PL204 

1046-01-PL200 

1046-02-06-PL200 

1046-07-PL200 

1046-08-PL200 

1046-09-PL200 

1046-07-PL502 

1046-09-PL502 

1046-08-PL502 

1046-01-PL502 

1046-02-06-PL502 

1046-01-PL203 

1046-02-06-PL203 

1046-07-PL203 

1046-08-PL203 

1046-09-PL203 

1046-01-PL202 

1046-07-PL202 

1046-08-PL202 

1046-09-PL202 

1046-02-06-PL202 

1046-08-PL503 

1046-09-PL503 

1046-01-PL501 

1046-02-06-PL501 

1046-07-PL503 

1046-01-PL503 

1046-07-PL501 

1046-02-06-PL503 

1046-08-PL501 

1046-09-PL501 

ITB11370-GA-005 

ITB11370-GA-002 

ITB11370-GA-001 

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

 

 

 

 

 

17.

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 residential dwellings, and amenity areas in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1 and LHW4.

 

18.

Prior to commencement, a detailed scheme of biodiversity enhancements to be incorporated into the development, and long term ecological management plan for retained, enhanced and created habitats on site, including the buffer areas, shall be submitted to and approved in writing by the Local Planning Authority. This should include details of fencing, planting plans, landscape plan and a long-term management plan (minimum 10 years). Development shall subsequently proceed in accordance with the approved details, with photographic evidence provided to the Local Planning Authority within 6 months of occupation.

Reason:  To enhance biodiversity and ensure protection of the adjacent woodland in accordance with NPPF and the Natural Environment and Rural Communities Act 2006 and with Policies E2 and E5 of the Test Valley Revised Local Plan DPD 2011-2029.

 

19.

Prior to commencement, a Construction Environmental Management Plan (CEMP), incorporating measures to avoid impacts on the adjacent designated sites, habitats and species shall be submitted to and approved in writing by the Local Planning Authority. This must include measures outlined within Holly Lodge, Chilworth, Ecological Assessment (Peach Ecology, August 2021), a precautionary method statement in respect to dormice, and a method statement for removal of non-native species, such as bamboo. Development shall subsequently proceed in accordance with any such approved details.

Reason:  To protect notable locally designated sites, habitats and species in accordance with Policy E5 of the Revised Test Valley Local Plan DPD 2011-2029.

 

Notes to applicant:

 

1.

Please ensure that all development/works complies with the approved plans.  Any changes must be advised and agreed in writing with the Local Planning Authority before they are carried out.  This may require the submission of a new planning application.  Failure to do so may result in enforcement action/prosecution.

 

 

 

 

2.

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.

 

3.

Bats and their roosts receive strict legal protection under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended). All work must stop immediately if bats, or evidence of bat presence (e.g. droppings, bat carcasses or insect remains), are encountered at any point during this development. Should this occur, further advice should be sought from Natural England and/or a professional ecologist.

 

4.

Birds' nests, when occupied or being built, receive legal protection under the Wildlife and Countryside Act 1981 (as amended). It is highly advisable to undertake clearance of potential bird nesting habitat (such as hedges, scrub, trees, suitable outbuildings etc.) outside the bird nesting season, which is generally seen as extending from March to the end of August, although may extend longer depending on local conditions. If there is absolutely no alternative to doing the work in during this period then a thorough, careful and quiet examination of the affected area must be carried out before clearance starts. If occupied nests are present then work must stop in that area, a suitable (approximately 5m) stand-off maintained, and clearance can only recommence once the nest becomes unoccupied of its own accord.

 

5.

Dormice receive strict legal protection under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017. All work must stop immediately if dormice are encountered at any point during this development. Should this occur, further advice should be sought from Natural England and/or a professional ecologist.

 

 

Supporting documents: