Agenda item

APPLICATION NO.

22/02853/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

07.11.2022

APPLICANT

Director Dereck Harris

SITE

Garages Adjacent to Adcock Court, Horns Drove, NURSLING AND ROWNHAMS

PROPOSAL

Demolition of 4 garages and construction of 4-bedroom detached house with a detached garage, garden office and associated parking

AMENDMENTS

28.11.2022 – amended arboricultural impact assessment received

16.01.2023 – nitrate neutrality assessment calculator received

CASE OFFICER

Kate Levey

Delegate to Head of Planning & Building for completion of satisfactory legal agreement to secure

• Removal of nitrate mitigation land from agricultural production; and
• Future management of the nitrate mitigation land and
• Secure the 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.

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

1910-LP-103, 1910-SP-102, 1910-SP-103 01, 1910-PP-112, 1910-PP-113 01, 1910-PP-114, 1910-PP-115, 1910-PP-116, 1910-PP-117 01, 1910-PP-117, Q1164-02-01 D.

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

3.

The external materials to be used in the construction of external surfaces of the development hereby permitted shall be in complete accordance with the details specified on the submitted application form.

Reason:  To ensure a satisfactory visual relationship of the new development with the existing 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: any means of enclosure, hard surfacing materials, 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 approved details and all planting shall be completed before the end of the next available planting season following first occupation.

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

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

6.

The development hereby approved shall be undertaken in full accordance with the provisions set out within the submitted arboricultural report (Christopher Hoare Tree Services Ltd, November 2022). Additionally, the tree protective fencing detailed on the associated tree protection plan (dated 16/05/2022) shall be installed prior to any site works or site clearance, and 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 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.

7.

The development shall not be occupied until space has been laid out and provided for the parking of vehicles in accordance with the approved plan (1910-PP-113 01) and this space shall thereafter be reserved and maintained 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.

At least the first 6 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

9.

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.

10.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order), the garage hereby approved shall at all times be available for the parking of vehicles.

Reason:  In order to maintain the approved on site parking provision and to reduce highway congestion in accordance with Test Valley Borough Revised Local Plan (2016) Policy T1.

11.

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 or walls 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 T2 and LHW4.

12.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows/rooflights in the north and south elevations of the dwelling hereby permitted [other than those expressly authorised by this permission] shall be constructed.  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) Policy LHW4.

13.

The proposed first floor bathroom windows on the north and south elevations of the dwelling hereby permitted shall be top hung and fitted with privacy level 4 (pilkington scale) glazing. This glazing shall be installed prior to the first use of the dwelling hereby permitted and thereafter retained as such in perpetuity.

Reason: To protect the amenity and privacy of the adjoining occupiers in accordance with Test Valley Borough Revised Local Plan (2016) Policy LWH4.

14.

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.

15.

Prior to the commencement of development details of a method statement to control the environmental effects of the construction work shall be submitted to and approved in writing by the Local Planning Authority. The site must be surveyed for the presence of Japanese Knotweed and a copy of this survey sent to the Local Planning Authority. Please note that Japanese Knotweed can be far more extensive than the visible parts on the surface and that the underground parts of the plant may extend laterally up to 7 metres beyond this. Therefore, this survey must also note any knotweed adjoining the site. If Japanese Knotweed is confirmed, full details of a scheme for its eradication and/or control, in accordance with the Environment Agency Code of Practice for managing Japanese Knotweed on Development Sites, shall be submitted to and approved by the Local Planning Authority prior to the commencement of work on site, and the approved scheme shall be implemented prior to the first occupation of the dwellings hereby permitted.

Reason: To deal with contamination of the site and preserve and enhance biodiversity in accordance with policies E5 and E8 of the Test Valley Borough Revised Local Plan 2016.

Notes 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.

2.

Bird 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 hedge, 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 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, work must stop in that area with a suitable (approximately 5m) stand-off maintained, and clearance can only recommence once the nest becomes unoccupied of its own accord.

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 2017. 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.