ITEM 7 APPLICATION NO. 13/00095/FULLS APPLICATION TYPE FULL APPLICATION - SOUTH REGISTERED 17.01.2013 APPLICANT Mr B Pointer SITE Home Farm, Embley Lane, East Wellow, SO51 6DN, WELLOW PROPOSAL Demolition of redundant agricultural/industrial buildings and construction of five new dwellings with parking and gardens; existing site access; existing office building retained. AMENDMENTS Amended plan received 24/06/2013. CASE OFFICER Mr Mark Wyatt Background paper (Local Government Act 1972 Section 100D) 1.0 INTRODUCTION 1.1 This application is reported to the Southern Area Planning Committee as a departure to the saved policies of the Local Plan. 2.0 SITE LOCATION AND DESCRIPTION 2.1 The application site is located with the countryside as defined on the inset maps of the Local Plan and within the Embley Park Historic Garden. The site is positioned off the south side of Embley Lane on land known as Embley Park Industrial Estate. The access off Embley Lane also serves a number of residential dwellings, a group of redundant agricultural buildings with permission to be converted to residential use (see 4.22-4.24 below), vacant industrial buildings and the rear access to Hampshire Collegiate School. 2.2 The site itself is on the south and eastern edge of the Industrial Estate. The land rises from the west up to the eastern edge. On the site there are currently two main buildings. The first, at the northern end of the site, is a large industrial building. This building has ridged roof finished with a very shallow gable at the eastern and western ends. The building is principally clad with corrugated metal sheeting. This building appears to be in a poor condition. It is vacant but has most recently been used for a B2 (General Industry) use. 2.3 The second building on the site is in the south western corner. This is a one and a half storey building of more domestic proportion and construction. This building is also vacant. It appears to be in far better condition than its B2 counterpart on the site and its last known use was as a B1 office building. 2.4 The space between the two buildings and along the southern part of the site is laid to hard standing with the southern elevation of the industrial building having a canopy extending over this space which would have provided space for deliveries or some outside working. On the southern boundary is a single storey
building with a corrugated metal roof. 2.5 On the higher part of this land, to the eastern edge of the site, southerly views are afforded of the gabled roof form and chimneys of the main house on the school site. 3.0 PROPOSAL 3.1 The application proposes to demolish the large industrial building plus a smaller single storey building together with the removal of a small portacabin from the site and to redevelop the site for five new residential dwellings with gardens and communal parking area. The smaller office building, is to be retained and refurbished for its office use. 3.2 The architecture of the new courtyard of dwellings is principally two storey in form with the fenestration and roofscape designed to reflect the former agricultural buildings due west of the site, which have planning permission for conversion to residential units. The scale of the site respects the change in levels with the built form essentially stepping down at the eastern end of the site when the views of the school are more apparent. 4.0 HISTORY 4.1 TVS.03376 Conversion of store as extended residential accommodation - Embley Manor Farm, Wellow. Permission - 30/04/81. 4.2 TVS.03376/1 Change of use of existing buildings and land to Industrial Estate for small businesses. Permission - 27/12/84. 4.3 TVS.03376/2 Conversion of part barn to form dwelling - Embley Manor Farm, Wellow. Refused - 25/03/82. 4.4 TVS.03376/3 Change of use from car repairs to storage of bed-making components and metal gate making - Potato Barn, 9 Home Farm Industrial Estate, Embley Park, Wellow. Permission - 22/01/86. 4.5 TVS.03376/4 Vehicular access - Embley Brook, Embley Lane, Wellow. Permission - 08/07/86. 4.6 TVS.03376/5 Relaxation of occupancy condition attached to RSR.5884 - Embley Brook, Embley Lane, Wellow. Refused - 12/10/87. 4.7 TVS.03376/6 Alterations to form two offices - The Power House, Embley Park Farm Estate, Embley Lane, Wellow. Permission - 13/04/87. 4.8 TVS.03376/7 Relaxation of agricultural occupancy condition - Embley Webb, Embley Lane, Wellow. Refused - 06/11/87. Appeal allowed - 27/02/89.
4.9 TVS.03376/8 Relaxation of occupancy condition attached to RSR.5884 - Embley Brook, Embley Lane, Wellow. Refused - 14/03/88. 4.10 TVS.03376/9 Conversion of farm buildings into 10 dwellings - Home Farm Buildings, Embley Park, Wellow. Refused - 23/01/89. 4.11 TVS.03376/10 Relaxation of occupancy condition attached to RSR.5884 - Embley Brook, Embley Lane, Wellow. Refused - 24/02/89. 4.12 TVS.CLE.00047 Certificate of Lawful Existing use for non compliance with agricultural occupancy condition on RSR9692. Not Issued - 24/07/91. 4.13 TVS.03376/11 Outline: Redevelopment of site by erection of 14 new dwellings, conversion of existing buildings to 9 dwellings, construction of new access and installation of sewage treatment plant. Refused 23/11/1992 and appeal dismissed. 4.14 TVS.03376/12 Outline: Erection of 12 dwellings, refurbishment of existing buildings to provide 9 dwellings, formation of access and installation of sewer treatment plant. Refused 12/07/1993 and appeal dismissed. 4.15 TVS.CLE.00073 Certificate of Lawful Existing Use for non compliance with the agricultural occupancy restriction on RSR9692. Issued 02/09/93. 4.16 TVS.03376/13 Outline: Erection of 7 dwellings, refurbishment of part of existing buildings to provide 6 dwellings, upgrade of existing access and installation of sewage treatment plant. Withdrawn. 4.17 TVS.03376/14 Outline: Part refurbishment and part redevelopment of site to provide eight dwellings. Withdrawn. 4.18 TVS.03376/15 Variation of condition 12 on TVS.3376/1 to use the yard marked 4, 5 and 6 on the application plan for general industrial use, office, storage and parking in conjunction with the existing site marked 1, 2 and 3 on the application plan and the necessary variation of the legal agreement with respect to this development. Withdrawn. 4.19 05/00683/FULLS Change of use of redundant farm buildings to residential to provide 4 dwelling units. Withdrawn.
4.20 06/02374/FULLS Change of use of redundant farm buildings to residential to provide 4 dwelling units (revised scheme to withdrawn application 05/00663/FULLS). Refused 24/01/2007. 4.21 07/00920/FULLS Refurbishment and change of use of redundant farm buildings to B1 use (offices/research/light industry) and associated works, installation of foul water drainage system to connect to proposed underground sewage treatment plant. Refused 09/07/2007. 4.22 07/02618/FULLS Change of use of redundant farm buildings to residential to provide 4 residential units with associated parking and drainage and sewage treatment plant. Permission 12/11/2007. 4.23 10/01131/EXTS Renewal of planning permission 07/02618/FULLS - Change of use of redundant farm buildings to residential to provide 4 residential units with associated parking and drainage and sewage treatment works. Permission 06/08/2010. 4.24 10/01591/FULLS Part demolition and part conversion of redundant farm/industrial buildings to provide four residential units (2 x 1-bed, 1 x 3-bed and 1 x 4-bed), upgrading of site access road, provision of sewage treatment plant and associated landscaping Permission 04/04/2011. 4.25 10/01592/FULLS Demolition of redundant industrial buildings and redevelopment of the site to provide four live/work dwellings (3 x 3-bed and 1 x 4-bed) each with dedicated work premises, upgrading of site access road, provision of sewage treatment plant, and associated landscaping withdrawn 12/05/2011. 4.26 11/01425/FULLS Demolition of redundant buildings and redevelopment of the site to provide eight live/work dwellings (8 x 3-bed) each with dedicated work premises, upgrading of site access road, provision of sewage treatment plant, and associated landscaping to form a new woodland permission 09/12/2011. 4.27 12/02251/EXTS Renewal of planning permission 10/01131/EXTS - Change of use of redundant farm buildings to residential to provide 4 residential units with associated parking and drainage and sewage treatment works - No Further Action 26/10/2012.
4.28 12/02734/EXTS Renewal of planning permission 10/01131/EXTS - Change of use of redundant farm buildings to residential to provide 4 residential units with associated parking and drainage and sewage treatment works - Invalid 08/05/2013. 4.29 13/00946/FULLS Change of use and refurbishment of redundant farm buildings (including the demolition and re-building of the dilapidated northern stable wing) to provide 6 two bedroom dwellings with private gardens and associated access, car parking, cycle parking, drainage, sewage treatment plant and landscaping Pending consideration. 5.0 CONSULTATIONS Planning Policy & Transport Service: 5.1 Planning Policy Considerations: Objection: o The proposal does not conform with either element of the policy and therefore is contrary to SET03. o ESN15 (Retention of Employment Land) sets out that on existing employment sites development for an alternative use will not be permitted unless the activity is causing, or could cause, significant harm to the character of the area or the amenities of residents. o No detailed information has been provided to show how the activity of the employment site is, or could, cause significant harm to warrant the loss of the employment provision. o It is important to retain employment land in such locations. It is noted that the existing office is being retained and that the submission states that uses (other than residential) have been considered but due to costs residential development is probably the only use which will be economically viable (page 10 of the Design and Access statement). o However, no detailed costs or reports regarding the state of the buildings have been provided to clearly substantiate this. o The proposal appears contrary to Local Plan policies SET03 and ESN15 with no substantial evidence to justify the proposal. o Open Space contributions are required if permission granted.
5.2 Landscape Considerations: Objection (to originally submitted plans): o It is important that this development mirrors the recently permitted scheme on the adjacent land and that the existing landscape screen planting is supplemented with additional substantial vegetation, again to continue the tree belt approved on the adjoining site. o This screen planting is required to form a vegetated edge to the Registered Park and Garden and to prevent urbanisation of the setting of Embley Park. o There are potential conflicts between these objectives and those of the ecology report which seeks to establish a wildflower meadow in the perimeter planting area o no information with the application (other than the Ecology report) about the landscape treatment of the various areas or the proposed long term management of these elements. o Whilst exact landscape details may reasonably be conditioned, the treatment and management of the communal areas should be established at this stage. o The landscape buffer should not be subdivided or managed by the adjacent plots. o A similar regime will be needed for management of roads and communal spaces within the development area. 5.3 Transport Considerations: No objection subject to condition and contributions. 5.4 Ecology Considerations: No objection subject to condition. 5.5 Hampshire County Council: Archaeology Considerations: No comment. 5.6 Environment Agency: No comment. 6.0 REPRESENTATIONS Expired 15.02.2013 6.1 Parish Council: Support: Support in principle subject to parking, drainage and sewage. 6.2 1 Letter of support: I broadly support the application though some concern at the drains and surface water. Currently the site discharges into an old septic tank in a neighbouring field. This would be totally unsuitable for the development. Will this development have its own sewage treatment plant.
Will the site be able to deal with its own surface water? The water table is already high and we have had a lot of rain this year. 6.3 1 letter of comments: o No objection to the proposal but do not consider the access proposal, stated as existing access to be acceptable. o The present loose material is not acceptable for an increase in traffic movements. It causes dust in dry weather which is disturbing to residents. A tarmacadam surface or similar would be acceptable. 7.0 POLICY 7.1 Government Guidance National Planning Policy Framework (NPPF) 7.2 Test Valley Borough Local Plan (2006)(TVBLP): SET03 (Development in the Countryside); SET07 (Existing Employment Sites in the Countryside); ESN15 (Retention of Employment Land); ENV01 (Biodiversity & Geological Conservation); ENV05 (Protected Species); ENV09 (Water Resources); ENV10 (Groundwater Source Protection Areas); ENV16 (Registered Historic Parks and Gardens); ENV17 (Setting of Listed Buildings); HAZ03 (Pollution); HAZ04 (Land Contamination); ESN22 (Public Recreational Open Space Provision); TRA01 (Travel Generating Development); TRA02 (Parking Standards); DES01 (Landscape Character); DES05 (Layout & Siting); DES06 (Scale, Height & Massing); DES07 (Appearance, Details & Materials); DES09 (Wildlife & Amenity Features); AME01 (Privacy & Private Open Space); AME02 (Daylight & Sunlight). 7.3 Draft Revised Local Plan (2013) Public consultation on the draft Revised Local Plan has taken place between the 8 March and 26 April 2013. At present the document, and its content, represents a direction of travel for the Council but it should be afforded limited weight at this stage. It is not considered that the draft Plan would have any significant bearing on the determination of this application. 7.4 Supplementary Planning Documents (SPD) Wellow Village Design Statement, Affordable Housing, Infrastructure and Developer Contributions, Cycle Network and Network, Test Valley Access Plan. 8.0 PLANNING CONSIDERATIONS 8.1 The main planning considerations are: Principle for development: Justification Design and layout Landscape Protected species Highways Drainage
Other matters. 8.2 The Principle for development Whilst the application site is contextually within a cluster of buildings of varying built form, it is for the purpose of planning policy, within the countryside. The principle planning policy of the TVBLP therefore is policy SET03. Planning policy SET03 seeks to restrict development in the Countryside unless it has been demonstrated that there is an overriding need for development such as being essential to agriculture or if it is a type appropriate for a countryside location as set out in the various polices listed under criterion b) of policy SET03. There are no policies listed under criterion b) of policy SET03 that apply specifically to this proposal. Therefore, at face value, the comments of the policy Officer the proposal is contrary to policy SET03 applies. 8.3 However, whilst this is the case policy SET03 cannot be seen in isolation. It must be considered with the other saved policies of the Local Plan. One such policy is ESN15 as also identified in the policy response. The first part of the policy refers to employment sites within settlements (which this is not) and that re-development of such sites that are causing or could cause significant harm to the amenity of residents may be acceptable. The second half of ESN15 considers the redevelopment of existing employment sites (with no reference to being in a settlement or not) providing it is no longer needed for economic development purposes. 8.4 Part two of ESN15 clearly applies to the application site irrespective of the site being in the countryside or a settlement. It is noted that policy ESN15 is not listed as an exception policy under criterion b) of policy SET03, however policy ESN15 is a saved policy of the Local Plan and equally applies to the application site. It follows, therefore, that the application be tested against the requirements of ESN15. To rely solely on policy SET03 would ignore the other relevant parts of the development plan that could equally apply to the application site and as such to ignore the other policies of the plan and only identify policy SET03 is considered to be an unreasonable way to approach making the decision. 8.5 The DES policies within chapter 8 of the BLP consider the matters of scale, bulk and design. The AME policies in chapter 9 consider the safeguarding of amenity. 8.6 Policy ENV16 deals with development affecting a Historic Park. Such developments should not have an adverse affect on the historic character of the landscape. 8.7 Justification The application site has historically been used for un-neighbourly B2 industrial uses (such as metal fabrication works) in very close proximity to the existing residential uses. The B2 uses on the application site have now ceased but the building remains. It is the applicant s submission that the proposal will help to clear the tired and generally unappealing large industrial building from the site
as well as ground works to the site to address the matter of ground contamination. 8.8 The application proposes that because of the ground conditions and the remediation costs involved the only viable development solution for this site is the residential scheme proposed. The planning policy consultation response highlights the fact that there is no submitted evidence of the financial implications of the decontamination works required to support the development. However, there are parallels to the adjacent site which is also highly contaminated and yet it benefits from a planning permission for a residential redevelopment scheme comprising live/work units (11/01425/FULLS). Whilst each case should be determined on its merits there also needs to be some consistency in decision making by the Local Planning Authority. 8.9 In considering that neighbouring application The Estates & Economic Development Service of the Council accepted that the redevelopment costs (removal of poor condition B2 building with decontamination) for a new employment generating use would be unlikely to provide a viable return on the investment required for the applicant, thus a residential use would be acceptable. However, the Estates advice was also that the applicant should have considered marketing and re-letting the existing buildings before agreeing that the site be fully re-developed. 8.10 There is no marketing included as part of this application. As such it is assumed that the existing buildings (both B2 and B1) have not been tested on the market as suggested by the Estates advice for the adjacent site. However it is noted that, as was the case with the neighbouring site, the industrial building is in a poor state of repair and would need substantial investment before it would be marketable again even for a new B2 user. 8.11 The submission for the adjoining site suggested that there would be no take up of the buildings in their current form (which are not dissimilar to the B2 building on the current application site) but this had not been market tested. The refurbishment works would have included re-cladding of the buildings, insulating the buildings, laying a new floor (one of the buildings has a partial earth floor) and connecting a water supply for sanitation. The cost of these works would not have made the refurbishment of the existing buildings on the adjacent site viable with the rental return from a B2 user. This was accepted by the Estates Service and there are strong similarities between the two sites, despite them being in different ownership, that indicate that similar conclusions could be drawn for this site even with the lack of evidence submitted in support of the proposal. 8.12 As indicated above, whilst there are parallels between this scheme and a recent planning permission on adjoining land each case must be considered on its merits. Whilst the view of the policy team is noted there is a planning balance to be struck when considering the conflict of a B2 use so close to residential uses (both existing and permitted although not yet implemented) and whether the Council should be encouraging a return to B2 activities so close to residential
neighbours. Whilst the first part of policy ESN15 of the Local Plan is not strictly relevant (referring to sites within settlements), what it seeks to achieve is relevant to this proposal. The policy clearly states: On existing employment sites within settlements, development for an alternative use will not be permitted unless the activity is causing, or could cause significant harm to the character of the area or the amenities of residents (Officer emphasis). To further support this position the supporting text to the policy is a material consideration that weighs in favour of the proposal. Paragraph 6.5.5 of the Local Plan advises the decision maker that The loss of existing employment uses will only be acceptable if its use would remove a source of environmental or amenity problems. The removal of a noisy or visually intrusive use from a sensitive location such as a residential area or a site adjacent to a school could improve the amenity of local people. 8.13 So whilst the site is not within a settlement, the thrust of policy ESN15 and its supporting commentary clearly applies to this proposal. The application offers a clear opportunity for some planning gain in so far as the un-neighbourly industrial uses would be removed from the land and contamination within the land remediated. The trade off for the Local Authority is the loss of some poor quality B2 floor space in a fairly unsustainable location and the provision of five new dwellings. 8.14 It is important to stress that whilst the application proposes to remove the B2 use from the site the application does retain some employment opportunities by proposing to refurbish the office (use class B1) building. 8.15 On the basis that there is an opportunity to remove an un-neighbourly B2 use from the site, to clean up the matter of a contaminated site, to retain some employment through the retention of the office building, the merits of the scheme outweigh the conflict with the second test of development plan policy ESN15 such that the proposal is recommended favourably to the committee as a departure from the saved planning policies. 8.16 Design and Layout The other buildings in the Home Farm complex (with a permission to be converted) adjacent to the application site are utilising the agricultural form of existing buildings. The proposed development seeks to repeat some of these details such as large ground floor openings, similar to historic cart entrances on barns, cowls on the roof, fenestration at first floor that replicates that of a hay loft door. There are stable door details and brick arches to complement the scheme in this rural setting. The detail such as the generous eaves overhang and exposed rafter feet are all positives to the scheme as well as a suitable mixture of materials. 8.17 The scheme wraps itself around the southern boundary and is sensitive to the level change to the east with the building stepping down from the rising levels. The result is a development of two storey residential dwellings with a varied roof scape, mixed pallet of materials and fenestration to reflect the neighbouring buildings and reflect the historic context of the farm and its location within the
historic park and garden. 8.18 Along the northern edge of the development it is proposed to provide a car barn feature and bin store. The forecourt area will also provide parking and will be laid to brick paviors. The design and layout, whilst residential, is considered to reflect its context and is therefore considered to be acceptable. 8.19 Landscape The Council s Landscape Officer objected to the plans as originally submitted. The key comment is that it is important that this development mirrors the recently permitted scheme on the adjacent land and that the existing landscape screen planting is supplemented with additional substantial vegetation, again to continue the tree belt approved on the adjoining site. 8.20 Despite checking the objection box on the consultation sheet the Officer does accept that the exact landscape details may reasonably be conditioned. The concern extends to the treatment and management of the communal areas and the fact that these should be established at this stage. 8.21 It is noted that on the adjoining site s planning permission (11/01425/FULLS) the detail of exact landscaping was indeed conditioned consistent with the landscape officer s comments. It is also noted that the adjoining site has a planning condition that specifically refers to a 10 year maintenance condition for this landscaping and that of the woodland belt. 8.22 In this case the applicant has submitted an amended plan that sets out that the communal areas are to be maintained and managed by a communal management company for a period of 10 years. This reflects the detail secured on the adjacent site and also provides the detail that the objection seeks to have provided at this stage of the consideration. It is considered that the landscape objection is overcome by both the amended plan and through the imposition of planning conditions. 8.23 Protected Species The application is supported by an Extended Phase 1 Ecological Assessment (PV Ecology, November 2012). This has been carried out, according to the Ecological advice to the Council, in a thorough and professional manner and represents the conditions at the site. 8.24 The retained building was identified in this assessment as having high bat roost potential, and there was uncertainty over whether the features potentially used by bats would be affected by the works. It has since been clarified by the applicant s ecologist that there may be a desire to make some minor repairs to damaged / slipped roof tiles. In any event, the ecologist clarified that it will be possible to maintain bat access to the roof by replacing any tiles to be repaired with specially-designed bat access tiles (typically made out of leadwork). Any such works would also be carried out at an appropriate time of year to avoid
disturbance and under ecological supervision. 8.25 Therefore, it is considered that the works can be carried out under the principle of maintaining the continued ecological functionality (CEF) of the roost, and hence is considered unlikely to result in an offence under the Habitats Regulations. 8.26 There was initial concern from the Council s Ecologist over the proposed location of the barn owl box. The applicant s ecologist has since identified that it is now possible to locate this in the loft gable of the retained building. This is acceptable from the point of view of the provision of the box and provided it is carried out under ecological supervision, avoiding sensitive times of year, the Council s Ecologist is confident it would not cause any deterioration of any bat roost present. 8.27 The area of bramble and tussocky grassland to the east of the building footprint (but still within the redline boundary) has been assessed as being likely to support some of the more widespread reptile species. This area will not be permanently lost to the development, but will be subject to landscaping (including establishment of a wildflower meadow, which is welcomed by the ecologist). This landscaping work does have the potential to affect reptiles if present, through killing or injury during any habitat clearance/groundworks and a short term reduction in habitat area as the landscaping becomes established. 8.28 It is proposed that a Habitat Enhancement and Management Plan would be produced for this area, to include measures to avoid impacts to reptiles during such works. An outline method is described in the submitted report and this would appear to be broadly acceptable to the Council s Ecologist, although given the size of the area, additional measures would be welcomed during the habitat clearance for example, it may be useful to include some element of higher-intensity trapping using temporary artificial refugia around habitat in combination with the proposed habitat manipulation and destructive search, to minimise the risk of harming reptiles during the work. Given that there would be no overall net loss of reptile habitat (and indeed a good plan would potentially enhance the available habitat), the ecological advice to the LPA is that the most pragmatic course would be to secure the Habitat Enhancement and Management Plan (incorporating a more detailed reptile mitigation strategy) through a planning condition. 8.29 Highways The application proposes to meet the maximum parking standards of the Local Plan. Additionally each dwelling is to be provided with dedicated cycle parking facilities. 8.30 As for the third party comments referring to the condition of the access, given the private nature of the road and the established B2 uses on the site some heavy traffic could use this road again without the need for a further planning permission or road enhancements. It is noted that the adjoining planning permission (11/01425/FULLS) does propose to upgrade the access. There is no objection from the Highway Officer.
8.31 Drainage According to the application form foul sewage is to be disposed of through a package treatment plant. Surface water run-off is to be disposed of via a sustainable drainage system. 8.32 There is an annotation on the submitted plan that indicates drains to connect to new drainage system for adjoining development which terminates at new treatment plant. This detail of this new treatment plant was the subject of a planning condition for which detail has been submitted and approved for the adjoining planning permission following consultation with the Environment and Health team and Southern Water. The matter of drainage is a material planning consideration and the applicant has proposed an acceptable solution, the details of which have previously been approved pursuant to condition albeit on a separate planning permission. The provision of the new plant and connection into it will be a matter to be agreed between the applicant and the owner of the relevant land with detail being approved through the Building Regulations. However the location of the new plant is outside of the application site. For the purposes of this application the proposed drainage solution is considered to be acceptable but only on the basis that it is delivered. As such it is considered appropriate to include a planning obligation as part of the s.106 agreement to require the provision of, and connection into, the treatment plant that is located off site. 8.33 Other Matters As this application proposes a net gain in the number of dwellings in the area, contributions towards a public open space deficit in the area are required, as per the provisions of TVBLP policies ESN22 and the Supplementary Planning Document Infrastructure and Developer Contributions. The proposal will also seek to provide a contribution towards the cycle network in accordance with policy TRA04 and the Infrastructure and Developer Contributions SPD. 8.34 In considering the need for developer contributions due consideration has been given to the three tests as set out within the Community Infrastructure Levy (CIL) Regulations 2010, namely that a planning obligation must be (a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development. The same tests are repeated in paragraph 204 of the NPPF. 8.35 The addition of a new dwelling into the borough is likely to increase the pressure on existing highway infrastructure and recreational open space provision. Mitigation of these impacts through a planning obligation(s) is therefore necessary to make the proposal acceptable in planning terms. On the basis of the adopted SPD s and the County Council contributions policy the contributions and identified schemes upon which to spend the contributions are fairly and reasonably related in scale and kind to the proposed development. Through the proximity of the proposed schemes to the site the requirement for the
planning obligations is therefore considered to be directly related to the proposal and provided within the parish. The principle for the planning obligations is considered to meet the tests in the CIL Regulations. 8.36 The enhancement of existing open space provision is considered acceptable and in accordance with ESN22 and the NPPF. In this case the proposed development is considered to be acceptable in terms of a planning obligation securing a contribution towards off site open space in lieu of on site provision. 8.37 The Test Valley Open Space Audit details that there is a deficit of Informal Recreation and Children s Play Areas is the Parish. The contributions will be used to improve, enhance and provide those schemes identified by the Council or Parish Council (which may include the provision of goal posts(informal) and enhancement of play equipment at the recreation ground (Children s Play Space). 8.38 The proposed development is a travel generating development, which would result in an additional demand on the existing transport network. Policy TRA01 of the Borough Local Plan requires that travel generating development provides measures to mitigate or compensate for the impact of the development, policy TRA04 allows for this mitigation to be provided by financial contribution. The requirement for such contributions is discussed within the adopted Developer Contribution SPD. In this case the Highway Officer, in raising no objection, has sought a contribution towards the local cycle network. 9.0 CONCLUSION 9.1 Subject to the completion of the required s106 agreement it is considered that the proposed redevelopment of the site is considered to be acceptable and will secure significant improvements and benefits to the residential properties in the vicinity of the site. The proposed scheme is considered to positively contribute to the character of the area and the surrounding historic environment. 10.0 RECOMMENDATION Delegate to the Head of Planning & Building Service for the completion of the relevant legal agreement to: secure financial contributions toward public recreational open space provision and highway infrastructure, and the provision of, and connection into, the off-site sewage treatment plant 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. No development shall take place 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 Local Plan 2006 policy DES07. 3. The fascias, soffits and verges on units are to be of painted timber only. Reason: To respect the setting of the nearby listed buildings in accordance with Test Valley Borough Local Plan policy ENV17. 4. The new windows shall be timber framed windows only. Reason: To respect the setting of the nearby listed buildings in accordance with Test Valley Borough Local Plan policy ENV17. 5. No development shall take place until details (to include a large scale plan, elevations (1:10) and full size sections) of all new external joinery such as doors and windows have been submitted to and approved in writing by the Local Planning Authority Reason: To respect the setting of the nearby listed buildings in accordance with Test Valley Borough Local Plan policy ENV17. 6. There shall be no construction or demolition works, no machinery shall be operated, no process carried out and no deliveries received or despatched outside of the following times: 0730 to 1900 hours Monday to Friday and 0800 to 1300 hours on Saturday. No such activities shall take place on Sundays, bank or public holidays. Reason: In the interest of the amenity of neighbouring properties in accordance with Test Valley Borough Local Plan policy AME04. 7. (i) No works pursuant to this permission shall commence until there has been submitted to and approved in writing by the local planning authority: (a) a desk top study documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2001 -Investigation of Potentially Contaminated Sites - Code of Practice; and (unless otherwise agreed in writing by the local planning authority) (b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk top study in accordance with BS10175; and (unless otherwise agreed in writing by the local planning authority) (c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminated land and/or gases when the site is developed and proposals for future maintenance and monitoring. Such a scheme shall include nomination of a competent person to oversee the implementation of the works. (ii) The development hereby permitted shall not be occupied or brought into use until there has been submitted to the local planning authority verification by a competent person approved under the provisions of condition (I)c that any remediation scheme required and approved under the provisions of condition (I)c has
been implemented fully in accordance with the approved details (unless with the written agreement of the local planning authority in advance of implementation). Unless agreed in writing by the local planning authority such verification shall comprise: a) as built drawings of the implemented scheme; b) photographs of the remediation works in progress; c) certificates demonstrating that imported and/or material left in situ is free from contamination; d) thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition (I)c. Reason: To ensure a safe living/working environment in accordance with Test Valley Borough Local Plan 2006 policy HAZ04. 8. No development shall take place until full details of landscape works to form the proposed native woodland including planting plans; written specifications (stating cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities and an implementation programme has been submitted to and approved in writing by the Local Planning Authority. The landscape works shall be carried out in accordance with the implementation programme. 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 Local Plan 2006 policy DES10. 9. A woodland management plan to cover a period of at least 10 years, including long term design objectives, management responsibilities and maintenance schedules for the proposed native woodland and an implementation programme for the management plan, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development. The approved management plan shall be carried out in accordance with the implementation programme. 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 Local Plan 2006 policy DES10. 10. Details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority before the development is first occupied, or in the event that the lighting is required post occupation then any details should be submitted to and approved in writing by the Local Planning Authority prior to installation. Development shall be carried out in accordance with the approved details. Reason: To safeguard the amenities of the area and in the interests of road safety in accordance with Test Valley Borough Local Plan 2006 policy AME03 and policy TRA06.
11. No development shall take place until a detailed Habitat Enhancement and Management Plan, incorporating details of the method for avoiding impacts to reptiles and compensation measures in relation to barn owl roosts and nesting birds, shall be submitted for written approval to the Local Planning Authority. Development shall subsequently proceed in accordance with any such approved Plan, with any habitat features (including those specifically for reptiles) being permanently retained and maintained, and in accordance with the measures set out in the email of 4 April 2013 in relation to roof tile bat access points. Reason: To conserve and enhance biodiversity and to avoid impacts to reptiles and bats in accordance with Policies ENV01 and ENV05 of the Test Valley Local Plan. 12. The development shall not be occupied until space has been laid out for the parking and manoeuvring of vehicles to enable them to enter and leave the site in forward gear in accordance with the approved plan and this space shall be reserved for such purpose at all times. Reason: In the interests of highway safety in accordance with Test Valley Borough Local Plan (2006) policies TRA05, TRA09, TRA02. 13. The buildings identified on the approved plans as Existing Offices shall be used for purposes within Use Class B1: Business only and for no other purpose of Class B of the Town and Country Planning (Use Classes) Order 1987 (or any order amending, revoking or reenacting that Order) 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, character of the area and character and setting of the listed buildings in accordance with Test Valley Borough Local Plan 2006 policies SET03, TRA01, AME01, AME04 and ESN15. Notes to applicant: 1. The following policies in the Development Plan and guidance are relevant to this decision: Government Guidance: National Planning Policy Framework (NPPF); Test Valley Borough Local Plan (June 2006) (TVBLP): SET03 (Development in the Countryside); SET07 (Existing Employment Sites in the Countryside); ESN15 (Retention of Employment Land); ENV01 (Biodiversity & Geological Conservation); ENV05 (Protected Species); ENV09 (Water Resources); ENV10 (Groundwater Source Protection Areas); ENV16 (Registered Historic Parks and Gardens); ENV17 (Setting of Listed Buildings); HAZ03 (Pollution); HAZ04 (Land Contamination); ESN22 (Public Recreational Open Space Provision); TRA01 (Travel Generating Development); TRA02 (Parking Standards); DES01 (Landscape Character); DES05 (Layout & Siting); DES06 (Scale, Height & Massing); DES07 (Appearance, Details & Materials); DES09 (Wildlife & Amenity Features); AME01 (Privacy & Private Open Space); AME02 (Daylight & Sunlight).; Village Design
Statement Wellow, Infrastructure and Developer Contributions, Cycle Network and Network, Test Valley Access Plan Supplementary Planning Documents. 2. Please ensure that all development/works complies with the approved plans. Any changes must be advised and agreed in writing with the Local Planning Authority before they are carried out. This may require the submission of a new planning application. Failure to do so may result in enforcement action/prosecution. 3. 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. 4. It is likely that the existing buildings to be demolished contain elements comprising asbestos. Therefore, it is important that, prior to demolition works commencing, the buildings are surveyed by a competent person for the presence of asbestos containing materials and suitable precautions are taken to ensure safe removal. Further advice should be sought if necessary from the Health & Safety Executive. 5. The Applicant is advised to consult the Environment Agency directly regarding the use of a package treatment plant which disposes of effluent to sub-soil irrigation. The owner of the premises will need to maintain the works to ensure its long term effectiveness. 6. The decision to grant planning permission has been taken because the development is acceptable as a departure from the policies of the development plan and would have no significant impact on the character and appearance of the area or the residential amenities of the occupants of adjacent dwellings. This informative is only intended as a summary of the reason for the grant of planning permission. For further details on the decision please see the application report which is available from the Planning and Building Service. 7. In reaching this decision Test Valley Borough Council (TVBC) has had regard to paragraphs 186 and 187 of 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.