Agenda item

APPLICATION NO.

22/01359/OUTS

APPLICATION TYPE

OUTLINE APPLICATION - SOUTH

REGISTERED

23.05.2022

APPLICANT

Mr R Wickins

SITE

Land East Of Furzedown Road, Furzedown Road, King’s Somborne,  KING’S SOMBORNE

PROPOSAL

Outline application for 18 dwellings (with all matters other than access to be reserved) and Full Permission application for change of use of land from agricultural to allotments with associated access, erection of a storage/toilet building and car parking area

AMENDMENTS

Soil health and suitability – August 2022

Amended site plan – July 2022

Gradient Plan – September 2022

CASE OFFICER

Sarah Barter

Delegate to the Head of Planning and Building to:

·  Receive a satisfactory response from Natural England in respect of nitrate neutrality and then

Complete a legal agreement to secure:

·  Mitigation measures to ensure the proposed development does not adversely affect The Solent with regard to the effect of nitrates;

·   On-site delivery of affordable housing and a financial contribution in lieu of a part-affordable housing unit

·  The delivery of additional benefits at the proposed allotment site to include;

·  Stock fencing around the perimeter of the site

·  5 Water taps at locations to be agreed with the allotment association

·  A contribution of £500 per year for 5 years towards water costs.

·  All weather paths in the area of the allotments where plots for disabled users are identified to ease of access.

·  Provide replacement (like for like) sheds on site for any existing allotment holders who have sheds at the current allotment site that can’t be relocated.

·  Provide on site support for a period of 5 months (October to February) to help allotment holders move to the new site once the soils have reached a suitable quality (as specified above).

Then OUTLINE PERMISSION for the new housing land, and FULL PERMISSION for the new allotments, subject to:

1.

The development of the proposed allotment site 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.

Applications for the approval of all the reserved matters for the proposed housing site shall be made within a period of five years from the date of this permission. The development to which the permission relates shall be begun not later than whichever is the later of the following dates:

i)  five years from the date of this permission: or

ii)  three years from the final approval of the said reserved matters,

or, in the case of approval on different dates, the final approval of

the last such matter to be approved.

Reason:  To comply with the provision of S.92 of the Town & Country Planning Act 1990.

3.

Approval of the details of the layout, scale and appearance of the building(s) and the landscaping of the site (herein after called "the reserved matters' shall be submitted to and approved in writing by the local planning authority in writing before the development is commenced.

Reason:  To comply with Article 4 of the Town and Country Planning (General Management Procedure) (England) Development Procedure) Order 2015 (or any order revoking and re-enacting that Order).

4.

The development hereby permitted shall be carried out in accordance with the approved plans as follows:

7863_D106 Rev F Allotment site plan

7863_D 103 N Site Plan

7863_D 104 Rev F Block Plan

7863_D 106 A Section

7863_D 200 C Storage block and elevations

7863_D300 A Street scene

7863_D301 A Street scene

7863/L01 B Site location plan

TPP-KC/KSALLOT/001 B Tree protection

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

5.

Prior to any work being undertaken on the site of the new housing development the new allotments shall be made available for allotment use and the land and facilities provided to an appropriate standard. The appropriate standard shall include a soil quality to that agreed in condition number 6, the laying out of allotments, access, parking and toilet block as proposed on drawing number 7683/D105_Rev F proposed allotment site plan.

Reason: To ensure the replacement of an equivalent or better allotment provision in terms of quantity and quality and in a suitable location in accordance with Test Valley Revised Borough Local Plan 2016 policy LHW1.

6.

No development shall commence on the housing or allotment site until a soil quality analysis and mitigation strategy for the replacement allotment site has been submitted to and approved in writing by the Local Planning Authority. Detail shall include but not be limited to the measures required to bring the soil to an acceptable standard for allotment use. This acceptable standard shall be at better or equivalent level as set out in paragraph 4.8 of Reading Agricultural Consultants – King’s Somborne Allotments Soil Health and Site Suitability report, August 2022. Details shall also include the timing of works, soil improvement works and translocation of top soil required to achieve the required soil quality and this shall be included in the strategy. Development shall be undertaken in accordance with the approved details.

Reason: To ensure the replacement of an equivalent or better allotment provision in terms of quantity and quality and in a suitable location in accordance with Test Valley Revised Borough Local Plan 2016 policy LHW1.

7.

No development shall take place, including any site clearance works, until a detailed Site Clearance and Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the site clearance and construction period. The Statement shall provide for:

1. the means access for construction traffic from the public highway;
2. the parking and turning of vehicles of site operatives and visitors (all to be established within one week of the commencement of development) to be kept available for the duration of the site clearance and construction activities so as to ensure that all vehicle parking associated with the construction activities is contained within this site;
3. loading and unloading of plant and materials within this site (i.e. not upon the public highway);
4. storage of plant and materials used in constructing the development within this site;
5. the provision of onsite turning facilities to be kept available for the duration of the site clearance and construction activities so that all vehicles enter and leave the site in a forward gear only;
6. the provision of an onsite holding area within the site to enable the controlled release of vehicles leaving the site in order to avoid undue interference with the safety and operation of the public highway.
7. the management, coordination and advance planning of all deliveries and collections including deliveries of plant and materials and the disposing of waste resulting from demolition and or construction activities so as to avoid undue interference with the operation of the public highway, particularly during the Monday to Friday AM peak (08.00 to 09.30) and PM peak (16.30 to 18.30) periods.
8. vehicle and wheel washing facilities with associated drainage measures, etc, to prevent loose debris and surface water from migrating into the public highway;
9. measures to control the emission of dust and dirt during construction

Reason: In the interest of highway safety and residential amenity in accordance with Test Valley Borough Revised Local Plan (2016) Policies T1 and LHW4.

8.

No development shall take place (including site clearance and any other preparatory works) until the trees to be retained on site have been protected as set out on approved drawing TPP-KC/KSALLOT/001 B. Such barriers shall be erected prior to any other site operations and at least three working days’ notice shall be given to the Local Planning Authority that it has been erected. Note: The protective barriers shall be as specified at Chapter 6.2 and detailed in figure 2 of B.S.5837:2012 unless otherwise agreed in writing with the Local Planning Authority.

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).

9.

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.

10.

No development shall begin until a detailed surface water drainage scheme for the site, based on the principles within the Flood Risk Assessment ref: 151.5004/FRA/4 revE, has been submitted and approved in writing by the Local Planning Authority. The submitted details should include:

a.  A technical summary highlighting any changes to the design from that within the approved Flood Risk Assessment.

b.  Groundwater monitoring to be undertaken between November and April with locations across the site to demonstrate there is a 1m unsaturated zone to the base of infiltration features.

c.  Updated detailed drainage plans (where required following groundwater monitoring) to include type, layout and dimensions of drainage features including references to link to the drainage calculations.

d.  Updated detailed drainage calculations (where required following groundwater monitoring) to demonstrate existing runoff rates are not exceeded and there is sufficient attenuation for storm events up to and including 1:100 + climate change.

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

Reason: In the interests of water management in accordance with policy E7 of the Test Valley Borough Revised Local Plan 2016.

11.

Prior to first occupation of the dwellings the access point at the proposed housing site for 18 dwellings shall be constructed with the visibility splays of 2.4m x 43m and maintained as such at all times. 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 1metres above the level of the existing carriageway at any time.

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

12.

Development shall proceed in accordance with the measures set out in the Ecological Assessment (Peach Ecology, May 20022). Prior to the commencement of works, a detailed planting and landscape plan shall be submitted to the Local Planning Authority for written approval. Development shall proceed in accordance with 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.

13.

The reptile receptor site and mitigation habitat must be fully established and suitable to support the exceptional population of reptiles prior to the translocation, in accordance with measures outlined within the Requirements and recommendations para 5.0 onwards (Peach Ecology, May 2022). A written assessment of the condition of the receptor site conducted by a suitably qualified ecologist, as well as photos of site, must be submitted to the Local Planning Authority for written approval prior to the commencement of the translocation of reptiles. Translocation shall then proceed in accordance with approved details, as outlined within the Mitigation and Enhancement Plan letter (Peach Ecology, January 2021).

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

14.

Prior to the commencement of works, a 30 year management strategy will be submitted to the Local Planning Authority for written approval. This should include the management of all mitigation and enhancement habitats outlined within the Ecological Assessment (Peach Ecology, May 2022), and include habitats created and enhanced within the nitrate offset strategy. Development shall proceed in accordance with the agreed management strategy, with photographic evidence of these measures submitted within 6 months following the completion of works. Thereafter, the mitigation and enhancement features 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.

15.

External lighting will 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). A detailed lighting strategy will be submitted to the Local Planning Authority for written approval, demonstrating that dark corridors (with no artificial light spill) will be achieved along retained, enhanced and created bat foraging and commuting habitats.

Reason: To present disturbance to protected species in accordance with the National Planning Policy Framework and the Revised Test Valley Local Plan DPD.

16.

Prior to commencement, a Construction Environmental Management Plan (CEMP), incorporating measures to avoid impacts on the adjacent designated sites shall be submitted to and approved in writing by the Local Planning Authority. Development shall subsequently proceed in accordance with any such approved details.

Reason: To protect notable locally designated sites in accordance with Policy E5 of the Revised Test Valley Local Plan DPD.

17.

No development shall take place within the proposed allotment site including site clearance within the application site/area indicated red, until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work, in accordance with a written brief and specification for a scheme of investigation and mitigation, which has been submitted by the developer and approved in writing by the Local Planning Authority.

Reason: The site is potentially of archaeological significance in accordance with Test Valley Borough Revised Local Plan (2016) Policy E9.

18.

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.

19.

No development shall take place 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., refuse or other storage units 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 including a 7m hedgerow buffer around the proposed allotment site, site specific 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.

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.

Separate permission is required under the Highways Act 1980 to construct/amend/close an access. Please contact the Head of Highways, Hampshire County Council, Jacobs Gutter Lane, Hounsdown, Totton SOUTHAMPTON, SO40 9TQ, Tel. No. 03005551388 or at roads@hants.gov.uk at least 12 weeks prior to the access works commencing.

3.

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.