Agenda item

APPLICATION NO.

21/03748/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

07.01.2022

APPLICANT

LifeCare Developments Limited

SITE

Grove Place, Upton Lane, Nursling, NURSLING AND ROWNHAMS

PROPOSAL

Erection of specialist nursing and dementia care home and close care apartments

AMENDMENTS

Drawings / responses to officer comments – Feb/March 2022

Ecological assessment – May 2022

Drainage / Ecology Appraisal – May / June 2022

CASE OFFICER

Sarah Barter

Delegate to Head of Planning and Building to secure a Legal Agreement for the following:

·  Nitrogen Neutrality mitigation

·  Monitoring fee

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 HCC Lead Local Flood Authority and.

·  Impose any reasonable additional or amended conditions considered necessary following that process, to adequately deal with surface water disposal, then

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

AA5856-2000 Site location Plan

AA5856-2010 A Proposed Site Plan

AA5856-2021 Proposed North and East Elevation

AA5856-2022 Proposed South and West Elevation

AA5856-2011 A  Proposed Ground Floor

AA5856-2012 A Proposed First Floor

AA5856-2013 A Proposed Second Floor

AA5856-2023 Proposed Section

AA5856-2020 Street Scene

AA5856-2032 Proposed Elevation Out building

1741-KC-XX-YTREE-TPP01REVA Additional Tree Protection Plan

AA5856-2036  Additional gate access

AA5856-2033 Additional Planting Plan

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.

The residential apartments located on the first and second floors, the subject of this permission, shall be occupied only by residents requiring Class C2 accommodation; and for no other purpose of the Schedule of to the Town and Country Planning (Use Classes) Order 2015, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason:  In order that the Local Planning Authority can exercise control in the locality in the interest of the affordable housing requirements and local amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policies COM7 and LHW4.

5.

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; retained historic landscape features and proposals for restoration, where relevant.

Soft landscape works shall include: planting plans including replacement tree planting where removed for acoustic fence placement; 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.

6.

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.

7.

Development shall proceed in accordance with the measures set out in the Grove Place Retirement Village, Ecological Impact Assessment (ECOSA, June 2022) and Compensatory Woodland Planting Plan (Anthony Jellard Associates, February 2015), and plan 9861-KC-XX-YTREE-PP01RevA PLANTING PLAN dated October 2018 (received 23 June 2022) unless varied by a European Protected Species (EPS) license issued by Natural England. Thereafter, the compensation, mitigation and enhancement features shall be permanently maintained and retained in accordance with the approved details.

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

8.

Prior to the first occupation of the development, details of the fenestration to be provided to each habitable room (including private and communal areas) shall be submitted to the Local Planning Authority for approval. The submitted details shall include manufacturer's data showing that the expected sound insulation performance for the fenestration (including frames), will match or exceed the sound insulation specification set out in Table 2 and Table 3 of the 24Acoustics Noise Impact Assessment R8988-1 Rev1 dated 19/10/21. The approved fenestration shall be installed prior to the first occupation of the development.

Reason:  To protect the amenities of the future occupants in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

9.

Prior to the commencement of 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. This mitigation shall include wheel washing facilities. Unless otherwise agreed by the Local Planning Authority, construction activity shall only take place in accordance with the approved CEMP.

Reason: To protect the amenities of neighbouring properties in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

10.

Prior to the first occupation of the development, details of the background ventilators to be provided to each habitable room (including private and communal areas) shall be submitted to the Local Planning Authority for approval. The submitted details shall include manufacturer's data showing that the expected sound insulation performance for the ventilators, will match or exceed the sound insulation specification set out in Table 4 of the 24Acoustics Noise Impact Assessment R8988-1 Rev1 dated 19/10/21; adjusted for the number of ventilators (N) in any particular room by 10logN. The approved ventilators shall be installed prior to the first occupation of the development and thereafter retained in perpetuity. Any replacements shall be equal to or better than the details and specifications approved.

Reason:  To protect the amenities of the future occupants in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

11.

Prior to the first occupation of the development, details of the acoustic barriers to be provided at the positions shown on the Site Layout Plan (Reference updated site plan) shall be submitted to the Local Planning Authority for approval. Acceptable barrier design shall have a minimum surface density of 12kg/m2. The approved acoustic barriers shall be constructed prior to the first occupation of the development and thereafter maintained and retained.

Reason:  To protect the amenities of the future occupants in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

12.

The cumulative rating noise levels for all plant, at the nearest residential property, as assessed in accordance with BS 4142:2014, shall not exceed 56 dB LAr, 1 hr during the hours 07:00-23:00 and 47 dB LAr, 15 min during the hours 23:00-07:00.

Reason:  To protect the amenities of neighbouring properties in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

13.

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

Reason:  To safeguard the amenities of the area and the ecological interests of the area in accordance with Test Valley Borough Revised Local Plan (2016) Policy E5 and E8.

14.

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

Reason:  To protect the amenities of neighbouring properties in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

15.

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 2016 policy E8.

16.

Prior to the commencement of development full details of the layout for the parking and manoeuvring on site 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 Revised Local Plan (2016) Policy T1.

17.

At least the first 12 metres of the access track 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.

18.

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 these spaces shall thereafter be reserved for such purposes at all times.

Reason:  To prevent an increase in parking pressure elsewhere including the highway network and to provide parking in accordance with the standards set out in Test Valley Borough Revised Local Plan (2016) Annexe G and Policy T2.

19.

The development hereby approved shall be undertaken in full accordance with the provisions set out within the Keen Consultants Arboricultural Method Statement reference  1741-KC-XX-YTREE-MethodStatement-Rev0 dated February 2022 and its associated tree protection plan (1741-KC-XX-YTREE-TPP01RevA).

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.

20.

Prior to the commencement of any ground clearance, tree works, demolition or development, a pre-commencement site meeting shall be held and attended by the developer's arboricultural consultant, the designated site foreman and a representative from the Local Authority to discuss details of the working procedures and agree that all tree protection measures have been installed in accordance with the approved tree protection plan. Any approved remedial works shall subsequently be carried out under strict supervision by the arboricultural consultant immediately following that approval.

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.

21.

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.

22.

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.

23.

Prior to the first occupation of the development, details of the extract plant equipment on the roof shall be submitted to the Local Planning Authority for approval. The submitted details shall include manufacturer's data showing the specification and the expected noise levels. The approved extractors shall be installed prior to the first occupation of the development.

Reason:  To protect the amenities of the future occupants in accordance with Test Valley Borough Revised Local Plan (2016) Policy E8.

24.

Each unit of the accommodation hereby permitted shall be occupied only by:

-  Persons over the age of 60.

Reason:  The units of the accommodation have been designed for occupation by persons who satisfy the above criteria and are suitable for family housing and to ensure accordance with Test Valley Borough Revised Local Plan (2016) policy COM2.

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.

Attention is drawn to the legal agreement dated xxxx

3.

Please note that this development may require an environmental permit, a variation of an existing permit or an exception from an environmental permit from us. Further information can be found on the gov.uk website - https://www.gov.uk/topic/environmental-management/environmental-permits The Applicant must ensure that the operations at the site are in accordance with the Environmental Permitting (England and Wales) Regulations 2016. The Applicant is advised to contact our National Customer Contact Centre on 03708 506 506 (Monday to Friday 8am to 6pm) or by emailing enquiries@environment-agency.gov.uk to obtain advice about environmental permitting matters. Please note that the need for an environmental permit is separate to the need for planning permission. The granting of planning permission does not necessarily lead to the granting of a permit.