Agenda item

APPLICATION NO.

21/03330/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

15.11.2021

APPLICANT

Mr and Mrs Phillip and Joanna Moxey

SITE

Butlers Barn, Mount Lane, Lockerley, SO51 0JS,  LOCKERLEY

PROPOSAL

Demolition of the existing agricultural building and associated structures, erect 1 x detached dwelling house with associated garage, parking, access and hard and soft landscaping

AMENDMENTS

Received on 15.03.2022:

• Additional visibility splay diagram
• Additional traffic survey

Received on 07.02.2022:

• Amended Proposed Floor Plan and Elevations
• Amended Landscape masterplan

Received on 05.01.2022:

• Agent rebuttal to third party representations

CASE OFFICER

Mr Graham Melton

Delegated to the Head of Planning and Building to secure:

• Confirmation from Natural England that the proposed mitigation measures are sufficient.
• Completion of a legal agreement securing the installation and ongoing maintenance of the package treatment plant; removal of nitrate mitigation land from agricultural production; and future management of the nitrate mitigation land.

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:

Site Location and Block Plan (001 P1)

Proposed Site Plan (020 P1)

Proposed Floor Plans (025 P2)

Proposed Elevations (030 P1)

Landscape Masterplan (998-MP-03)

Landscape Plan (998-MP-01 Rev A)

Visibility Splay (41106 - 035_A)

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

3.

The development hereby permitted 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).

4.

The development hereby permitted shall proceed in accordance with the measures set out in Section 5.0 of the Butler’s Barn, Mount Lane, Lockerley, Ecological Impact Assessment (ECOSA, March 2019) and in the Evaluation and recommendation section of Kingfisher Ecology (July, 2021), unless varied by a European Protected Species (EPS) license issued by Natural England. Thereafter, the replacement bat roost features and enhancements shall be permanently maintained and retained in accordance with the approved details.

Reason:  To ensure the favourable conservation status of bats and other protected species in accordance with Policy E5 of the Test Valley Revised Local Plan (2016).

5.

The development hereby permitted shall not be occupied until the access has been constructed with the visibility splays of 2.4m by 34.5m to the north and 2.4m by 41.8m to the south, in accordance with the approvedVisibility Splay drawing reference (41106 - 035_A). Within these visibility splays notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) no obstacles, including walls, fences and vegetation, shall exceed the height of 1 metre above the level of the existing carriageway at any time.

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

6.

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 would integrate, respect and complement the character of the area in accordance with Policy E1 of the Test Valley Borough Revised Local Plan (2016).

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:

i)  hard surfacing materials;

ii)  planting plans;

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

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

v)  programme of implementation

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 Policies E1 and E2 of the Test Valley Borough Revised Local Plan (2016).

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 shall include long term design objectives, management responsibilities and maintenance schedules for all landscape areas. The landscaping shall be maintained in accordance with the approved schedule. Any trees or planting that are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective within this period, shall be replaced before the end of the current or first available planting season following the failure, removal or damage of the planting.

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

9.

The development hereby approved shall not be occupied until 3 car and 2 cycle parking spaces and the associated driveway area, have been provided in accordance with the approved plans. The areas of land so provided shall be retained at all times for this purpose. 

Reason:  To ensure sufficient off-street parking has been provided in accordance with Policy T2 of the Test Valley Borough Revised Local Plan (2016) and in the interest of highway safety in accordance with Policy T1 of the Test Valley Borough Revised Local Plan (2016).

10.

No external lighting shall be installed until details 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. The external lighting shall be installed 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).

11.

On the day on which the dwelling hereby permitted is first occupied for residential purposes, all buildings and structures, other than the dwelling shown on plan number 020 P1 shall cease to be used for any purpose, and shall be demolished and the resultant materials cleared from the site.   

Reason:  The site lies in an area where new dwelling units are not normally permitted. Only one dwelling would be permissible in this location and two dwellings would be contrary to the Test Valley Borough Revised Local Plan (2016).

12.

No development shall commence on site (including any works of demolition), until a Construction and Demolition Environmental

Management Plan has been submitted to, and approved in writing by, the Local Planning Authority.  The Plan shall include the following:

i)  the parking of vehicles of site operatives and visitors;

ii)  loading and unloading of plant and materials;

iii)  storage of plant and materials used in constructing the development;

iv)  hours of construction, including deliveries;

v)  the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

vi)  wheel washing facilities;

vii)  measures to control the emission of dust and dirt during demolition and construction;

viii)  a scheme for recycling/disposing of waste resulting from demolition and construction works; and

ix)  measures for the protection of the natural environment.

The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

Reason:  The application contained insufficient information to enable this matter to be considered prior to granting planning permission

and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the

risks of pollution and dangers to highway safety, during the construction phase having regard to Policy E8 of the Test Valley Borough Revised Local Plan (2016).

Note 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.