Agenda item

APPLICATION NO.

21/01505/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

26.05.2021

APPLICANT

Mr P Turner

SITE

Smallberry Hill, Haccups Lane, Michelmersh, SO51 0NP,  MICHELMERSH AND TIMSBURY

PROPOSAL

Construction of 3 dwellings

AMENDMENTS

Nitrate report and calculator – 16.08.2021

Revised plans – 19.08.2021

CASE OFFICER

Sarah Barter

Delegated to the Head of Planning and Building to:

·  Secure the receipt of satisfactory nitrate neutrality calculation from the applicant

·  Secure the receipt of a satisfactory response from Natural England in respect of the revised nitrate neutrality information

·  Complete a legal agreement to secure any off site mitigation if found to be required as a result of the revised calculations

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

7882 F 100 M

7882 D 102 C

7882 D 300 J

7882 D 303 F

7882 D 304 F

7882 D 101 C

7882 D 201 E

7882 D 200 G

7882 D 202 A

7882 D 203 C

7882 D 301 F

7882 D 302 B

7882 D 403 D

7882 D 400 F

7882 E 01

7882 E02

7882 D 401 E

7882 D 402

7882 L01

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 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; 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. TIE IN ECOLOGY

5.

No development shall take place above DPC level of the development hereby permitted until a schedule of landscape implementation and maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for the phasing of the implementation and ongoing maintenance during that period in accordance with appropriate British Standards or other recognised codes of practise. Development shall be carried out in accordance with the approved schedule.

Reason:  To ensure the provision, establishment and maintenance to a suitable standard of the approved landscape designs to create and maintain the appearance of the site and enhance the character of the development in the interest of visual amenity and to contribute to the character of the local area in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1 and E2.

6.

Prior to commencement of any works to provide the retaining/gabion walls full details including engineering details, section drawings, a method statement for the building and implementation of the walls and any planting within the walls shall be submitted to approved by the Local Planning Authority. Development shall be carried out in accordance with the approved plans.

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.

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

8.

The development hereby approved shall be undertaken in full accordance with the provisions set out within the AJ Monk Consulting Tree Protection plan and method statement April 2021.

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.

9.

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.

10.

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.

11.

No development shall take place, (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by, the LPA. The approved statement shall include scaled drawings illustrating the provision for -

1)  The parking of site operatives and visitors' vehicles.

2)  Loading and unloading of plant and materials.

3)  Management of construction traffic and access routes.

4)  Storage of plant and materials used in constructing the development.

5)  Full swept path vehicle tracking

6)  Wheel cleaning and chassis of HGVs and delivery vehicles leaving the site

7)  Means of keeping the site access road and adjacent public highway clear of mud and debris during site demolition, excavation, preparation and construction.

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

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

12.

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

13.

Details of any external lighting shall be submitted to and approved in writing by the local planning authority prior to the occupation of any dwelling. Development shall be carried out and maintained in accordance with the approved details and no additional external lighting shall be provided thereafter.

Reason:  To safeguard the amenities of the area in accordance with Test Valley Borough Revised Local Plan (2016) Policy E5 and LHW4

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 Local Plan 2006 policy HAZ04.

15.

At least the first 4.5 metres of both access tracks measured from the nearside edge of carriageway of the adjacent highway shall be surfaced in a non-migratory material prior to the use of the access commencing and retained as such at all times.

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

16.

The land to the south east of plots 1 and 3 shall be used for the access into plot 3 and biodiversity and orchard areas only as shown on drawing 7882 D 100 Rev M and shall not be used  for any residential, business, commercial or industrial purposes whatsoever.

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

17.

Prior to commencement of any works to provide the landscaping mound full details including engineering details, section drawings, a method statement for the building and implementation of the mound and any planting shall be submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved plans.

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.

18.

Development shall be undertaken in accordance with the mitigation, compensation and enhancement measures sets out in the Eco support document dated 3^rd November 2021 unless varied by a European Protected Species (EPS) license issued by Natural England. Thereafter, the enhancements shall be permanently maintained and retained in accordance with the approved details.

Reason:  To ensure the favourable conservation status of protected species in accordance with Policy E5 of the Test Valley Revised Local Plan DPD.

19.

Notwithstanding the information secured in the Eco support document dated 3^rd November 2021, if during the course of the works Great Crested Newts should be found mitigation measures including the proposed timing of works, location of exclusion fencing, replacement terrestrial habitat proposed, proposed planting schemes, construction of the pond and the location of the translocation areas for reptiles and amphibians identified within the proposed application shall be submitted to and approved by the Local Planning Authority unless varied by a European Protected Species (EPS) license issued by Natural England. The measures shall be provided within a strategy for the site together with an annotated site plan. Development shall be undertaken in accordance with the approved details.

Reason:  To ensure the favourable conservation status of protected species in accordance with Policy E5 of the Test Valley Revised Local Plan DPD

20.

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 building, structure, walls or fences of any kind 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) Policies E1 and E2.

Notes to applicant:

1.

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.

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.