Basingstoke & Dean Borough Council
Councillors:
53
Wards:
18
Committees:
23
Meetings (2026):
63
Meetings (2025):
75
Meeting
Development Control Committee - Basingstoke & Dean
Meeting Times
Scheduled Time
Start:
Wednesday, 8th October 2025
6:30 PM
Wednesday, 8th October 2025
6:30 PM
End:
Wednesday, 8th October 2025
9:30 PM
Wednesday, 8th October 2025
9:30 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
08 Oct 2025
08 Oct 2025
Location:
Council Chamber - Deanes
Council Chamber - Deanes
Webcast:
Available
Available
Meeting Attendees
Vice-Chair
Vice-Chair of Development Control Committee
Reserve
Chair of the Human Resources Committee
Officer
Assistant Planning Manager
Katherine Fitzherbert-Green
Expected
Committee Member
Chair
Chair of Development Control Committee
Reserve
Deputy Leader of the Labour Group and Chair of the Environment and Infrastructure Committee
Committee Member
Vice-Chair of the Resources Committee
Committee Member
Reserve
Vice-Chair of the Licensing Committee
Agenda
1
Apologies for absence and substitutions
Minutes
There were no apologies for absence.
2
Declarations of interest
Minutes
There were no declarations of interest.
3
Urgent matters
To consider any items of business, other than those shown on this agenda and which, by reason of special circumstances to be stated at the meeting, in the opinion of the Chairman, should be considered at the meeting as a matter of urgency
Minutes
There were no urgent matters.
4
Minutes of the meeting held on the 10th September and 24th September 2025
The Chair will move that the minutes of the meeting held on the 10th September 2025 be signed as a correct record.
The minutes of the meeting held on the 24th September 2025 will be approved at the Development Control Committee held on the 22nd October 2025.
The only part of the minutes that can be discussed is their accuracy.
The minutes of the meeting held on the 24th September 2025 will be approved at the Development Control Committee held on the 22nd October 2025.
The only part of the minutes that can be discussed is their accuracy.
Attachments:
- Document Minutes of the 10th September 2025 26 Sep 2025
Minutes
The Chair confirmed that the minutes of the meeting held on the 10th September 2025 were confirmed by the Committee as a correct record.
The minutes of the meeting held on the 24th September 2025 would be approved at the next Development Control Committee.
The minutes of the meeting held on the 24th September 2025 would be approved at the next Development Control Committee.
5
Applications for planning permission and public participation thereon
This report details the planning applications to the Committee for consideration and decision.
Contact Officer: Planning and Development Manager
Wards Affected: Bramley, Brookvale & Kings Furlong, Oakley & The Candovers, Tadley North, Kingsclere & Baughurst
Contact Officer: Planning and Development Manager
Wards Affected: Bramley, Brookvale & Kings Furlong, Oakley & The Candovers, Tadley North, Kingsclere & Baughurst
Attachments:
- Document Report 26 Sep 2025
- Document Index 26 Sep 2025
- Document Applications 26 Sep 2025
- Document 08.10.2025 Update Front Sheet 26 Sep 2025
- Document 08.10.2025 Update Report 26 Sep 2025
Minutes
The following Public Participation took place:
Interest
Name
Item No./Topic
Support
Mr Rajmohan
Item 4 - 25/00091/RET
Support
Mr Runcie
Item 5 - 25/00823/FUL
Parish Council
Ms Beere
Item 6 - 25/01519/HSE
Objector
Ms Lambert
Item 6 - 25/01519/HSE
Support
Mr Smith
Item 6 - 25/01519/HSE
Objector
Mr Finch
TPO BDB/0728
Objector
Mr Thorp
TPO BDB/0729
Item 1 - 24/00852/FUL: Installation, operation and decommissioning of renewable energy generating station comprising ground-mounted photovoltaic solar arrays together with transformer/inverter stations, site accesses, internal access tracks, security measures, access gates, other ancillary infrastructure and landscaping and biodiversity enhancements. Site: Land At Strattons Farm Newbury Road Kingsclere Hampshire
The Committee considered the report set out on pages of 21 of 128 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application which resulted in mixed views.
The main area of discussion was whether the loss of the agricultural land outweighed the benefits of the proposal for renewable energy.
Some Members expressed their concern that the proposal would have a harmful impact on the landscape and character of the area.
Other Members disagreed and highlighted that it was a moderate quality of agricultural land (Grade 3b) and the proposal was for a limited number of years and therefore the loss of land was not a viable reason for refusal.
Councillor Durrant, Councillor Grassi and Councillor Bound stood down from the Committee for the application.
RESOLVED that: the application be APPROVED subject to the applicant entering a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029) between the applicant and the Borough Council to secure:
· BNG – significant features.
Should the requirements set out above not be satisfactorily secured within 6 months of the date of the meeting, then the Head of Planning and Infrastructure be delegated to REFUSE permission for appropriate reasons. The decision is approve is also subject to the following conditions and informatives:-
Conditions
1. The development hereby permitted shall be carried out in accordance with the following approved plans:
Proposed Site Layout – drawing no AEM023-PL-01_rev 12
33kV Brick Built Substation – drawing no AEM023-SD-01_rev 01
Cable Trench 600mm – drawing no AEM023-SD-02_rev 02
40ft Solar Inverter – drawing no AEM023-SD-03_rev 01
Internal Access Track – drawing no AEM023-SD-04_rev 01
40ft Customer Switchgear – drawing no AEM023-SD-05_rev 01
CCTV Camera and Post – drawing no AEM023-SD-07_rev 03
27.5° Panel Cross Section – drawing no AEM023-SD-10_rev 01
40ft Solar Inverter with Concrete Posts – drawing no AEM023-SD-11 rev 03
Cable Trench 1000mm – drawing no AEM023-SD-12 rev 01.
REASON: For the avoidance of doubt and in the interests of proper planning.
2. The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3. The development hereby permitted shall be for a temporary period only to expire 40 years after the first export date of electricity from the development. Written confirmation of the first export date shall be provided to the Local Planning Authority within one month after the event.
REASON: The development is not considered suitable for permanent retention and to enable the impacts to be assessed as to the impacts on the landscape character and visual amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
4. If the solar farm hereby permitted ceases to operate for a continuous period of 12 months, then a scheme for the decommissioning and removal of the solar farm and ancillary equipment together with the restoration of the site shall be submitted within 6 months of the end of the cessation period to the Local Planning Authority for written approval. The scheme shall make provision for:
- the removal of the solar panels and associated above ground works approved under this permission;
- the management and timing of any works;
- a traffic management plan to address likely traffic impact issues during the decommissioning period;
- an environmental management plan to include details of measures to be taken during the decommissioning period to protect wildlife and habitats;
- details of site restoration; and
- an implementation timetable.
-
The decommissioning of the site shall be carried out in accordance with the approved scheme.
REASON: To ensure that the decommissioning and restoration of the site is carried out in a managed approach that minimises the impacts on the natural, built and historic environment and upon highway safety in accordance with Policies EM1, EM4, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
5. Within a period of 39 years and 6 months following the first export date, a scheme for the decommissioning of the solar farm and its ancillary equipment and restoration of the site, shall be submitted to and approved by the Local Planning Authority (except in the event that Condition 4 has been triggered and decommissioning has been completed). The scheme shall incorporate the criteria set out within Condition 4 as a minimum. The decommissioning of the site shall be carried out in accordance with the approved scheme.
REASON: To ensure that the decommissioning and restoration of the site is carried out in a managed approach that minimises the impacts on the natural, built and historic environment and upon highway safety in accordance with Policies EM1, EM4, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
6. The solar farm and its ancillary equipment shall be dismantled and removed from the site and the land restored in accordance with the approved decommissioning and restoration scheme within a period of 40 years and 6 months following the first export date.
REASON: In the interests of natural, built and historic environment in accordance with the National Planning Policy Framework (2024), Policies EM1, EM4, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
7. Notwithstanding the approved plans, prior to the erection on site, details of the proposed materials and finishes, including colour of all solar panels, frames, ancillary buildings and equipment, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and be maintained as such for the lifetime of the proposed development.
REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity in accordance with the National Planning Policy Framework (2024), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
8. All containers on site shall be sited at ground level and no containers shall be stacked.
REASON: To have regard to the landscape character in accordance with the National Planning Policy Framework (2024), Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and Policies P5 and P7 of the St Mary Bourne Parish Neighbourhood Plan - 2016-2029
9. Notwithstanding the details submitted, within 1 month from the commencement of development, full details of both hard and soft landscape proposals, including a landscape management plan to address all existing and new landscape features and how they shall be managed, shall be submitted to and approved in writing by the Local Planning Authority.
These details shall include, as appropriate, proposed finished levels or contours, means of enclosure, car parking layouts, hard surfacing materials and minor artefacts and structure (e.g. signs, lighting, external services, etc).
Soft landscape details shall include planting plan, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, (including replacement trees where appropriate), noting species, planting sizes and proposed numbers/densities where appropriate, as well as any works to enhance wildlife habitats where appropriate.
In addition, implementation timetables and maintenance programmes detailing all operations to be carried out to allow successful establishment of soft landscaping, shall be submitted to and approved in writing by the Local Planning Authority before development commences.
All hard and soft landscape works shall be carried out in accordance with the approved details prior to the first installation of solar panels in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority.
REASON: To improve the appearance of the site in the interests of visual amenity, residential amenity and to highway safety accordance with Policies CN9, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029 and the National Planning Policy Framework (2024).
10. Notwithstanding the details submitted, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of fences and CCTV cameras to be erected. The approved details shall be erected prior to the first export date of electricity from the development and shall thereafter be maintained in accordance with the approved details.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of the amenities of the area and in accordance with Policies EM8 and EM1 of the Basingstoke and Deane Local Plan 2011-2029.
11. No development including site preparation, material storage and ground works shall commence on site until an Arboricultural Method Statement including tree protection plan has been submitted to and approved in writing by the Local Planning Authority. The approved tree protection measures shall be erected prior to any site activity commencing and maintained until completion of the development. No development or other operations shall take place other than in complete accordance with the Arboricultural Method Statement. The section of the cable trench to pass through tree group G23 will need to be dug by hand or air excavated under arboricultural supervision and further details of the intended process shall be included in the Arboricultural Method Statement.
REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029, Policy K7 of the Kingsclere Parish Neighbourhood Plan - 2011-2029 and the National Planning Policy Framework (December 2024).
12. The development hereby permitted shall be undertaken in accordance with all proposed avoidance, mitigation and enhancement recommendations and procedures contained within Section 5 ‘Recommendations for mitigation and further surveys’, of the supporting Updated Preliminary Ecological Appraisal (Western Ecology, May 2024) to address potential impacts on protected and notable species and habitats. The avoidance and mitigation measures shall be implemented prior to the commencement of development and enhancement recommendation and procedures shall be in place prior to the first export of electricity.
REASON: To meet with the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981 (as amended) and the Badgers Act 1992 in relation to protected and notable species and to also ensure accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
13. The development hereby permitted shall be undertaken in accordance with the recommendations and procedures contained within Section 2.2 ‘Mitigation Strategy’ and Map 1 of the supporting Outline Skylark Mitigation Strategy (Western Ecology Ltd, Oct 2024) over the course of the development lifetime. This includes the provision of 22 skylark plots sited across offsite ‘Mitigation Land’, set out in Map 1. This mitigation strategy shall be carried out prior to the commencement of development.
REASON: To meet with the Wildlife and Countryside Act 1981 (as amended) in relation to protection and mitigation of skylark and to ensure accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
14. No development hereby permitted, with the exception of works to the access, shall be undertaken including site preparation, material storage and ground works’ until the means of vehicular access to the site has been constructed in accordance with the approved plan (CTMP July 2024 Drg No.SP01 Rev.E) and no structure, erection or planting exceeding 1.0m in height shall thereafter be placed within the visibility splays shown on the approved plans.
REASON: In the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
15. The development shall not commence until a road condition survey of the A339 at its junction with the proposed construction site access and along the A339 for a length of 50m either side of the site access junction is submitted to and agreed in writing with the Local Planning Authority. The scope of the survey shall be first agreed with the Local Planning Authority. The findings of the condition survey shall be monitored and reported to the Local Planning Authority at least every 6 months throughout the construction period of the development and any defects or damage attributable to construction activity to be rectified by the developer at their expense within 3 months of the defect being identified.
REASON: In the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
16. The construction and decommissioning phase of the development, including all associated vehicle movements and routing, shall be carried out strictly in accordance with the approved Construction Traffic Management Plan (CTMP) submitted as part of the planning application. No deviations from the approved vehicle routing or site access arrangements shall be permitted without the prior written approval of the Local Planning Authority on an application for this purpose.
REASON: In the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
17. No development shall take place until the applicant has secured the implementation of a programme of archaeological evaluation by geophysical survey, in accordance with a Written Scheme of Investigation that has been submitted to and approved by the Planning Authority.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to minimise the risk of accidental damage to the site of archaeological interest in accordance with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029, Policy K17 of the Kingsclere Parish Neighbourhood Plan - 2011-2029 and the National Planning Policy Framework (December 2024).
18. All recommendations outlined in the report titled ‘Noise Assessment for Planning Application’ project 22-469, version 4 dated 9th April 2024 by shall be implemented and shall be completed before the use hereby approved is first commenced. The development shall be thereafter maintained in accordance with the approved details.
REASON: In the interests of the amenities of the occupants of nearby premises and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.
19. No development shall take place until a site-specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to
Procedures for maintaining good public relations including complaint management, public consultation and liaison.
Arrangements for liaison with the Council’s Environmental Protection Team.
All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 0730 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and; at no time on Sundays and Bank Holidays;
Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.
Mitigation measures as defined in BS 5528: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.
Procedures for emergency deviation of the agreed working hours.
An undertaking to require all contractors to be ‘Considerate Contractors’ when working in the Borough by being aware of the needs of neighbours and the environment.
Control measures for dust and other air-borne pollutants.
Measures for controlling the use of site lighting whether required for safe working or for security purposes.
Measures for ensuring the protection of the public rights of way network and its users during the construction phase. This shall include, but not limited to, visibility splays, surface design, give way markings and signage.
Measures for ensuring the protection of the public rights of way network and its users during the operational phase.
Undertaking repairs to the surface of the PROW to the satisfaction of the Countryside Area Access Manager on completion of the build.
The approved plan shall be adhered to during the construction and operational phases of the development.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
20. No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2024).
21. No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2024).
22. The development hereby approved shall be carried out in strict accordance with the measures outlined in the Flood Risk Assessment and Drainage Strategy (RMA Environmental Ref. RMA-C2573 09.04.2024). Any changes to the approved documentation must be submitted to and approved in writing by the Local Planning Authority and Lead Local Flood Authority on an application for this purpose. Any revised details submitted for approval must include a technical summary highlighting any changes, updated detailed drainage drawings and detail drainage calculations and be submitted and approved via an application under S73 or S96A of the Town and Country Planning Act 1990 (as amended) depending on the nature of any change.
REASON: To ensure the satisfactory maintenance of drainage systems and to ensure that there is no flood risk on or off site resulting from the proposed development, in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011- 2029 and the National Planning Policy Framework (2024).
23. No vehicles, machinery, equipment, materials, spoil, scaffolding, or anything else associated with the works, use, or occupation of the development, shall be left on or near to Footpaths 74, 75 and 76 as to cause obstruction, hindrance, or a hazard to the public, who retain the right to use the Public Right of Way at all times.
REASON: To ensure that the footpath remains accessible to the public and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
24. No external lighting shall be erected within the application site of the development hereby approved.
REASON: To protect the setting of the National Landscape and residential amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029 and the National Planning Policy Framework (2024).
25. Within 3 months of the first export date, a post completion noise assessment shall be carried out and submitted for approval in writing to the Local Planning Authority to verify that the cumulative rated noise level from the plant is no greater than the prevailing background sound level (as set out in Condition 18) at the most sensitive period when the plant will be operated (e.g. evening, nights and weekends). A method statement shall be submitted to and approved by the Local Planning Authority prior to the survey being undertaken. The noise assessment shall be carried out by a suitably qualified acoustic consultant/ engineer and be undertaken in accordance with BS4142: 2014-"Methods for rating and assessing industrial and commercial sound". Where the above criteria has not been met it will be necessary to identify and install additional noise mitigation measures, within 3 months of the assessment.
REASON: In the interests of the amenities of the occupants of nearby premises and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.
26. No development hereby permitted shall take place except in accordance with the terms and conditions of the Council’s Organisational Licence (WML-OR134, or a ‘Further Licence’) and with the proposals detailed on plan “Land at Strattons Farm: Impact Plan for great crested newt District Licensing (Version 1)”, dated 8 October 2024.
REASON: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WMLOR134, or a ‘Further Licence’), Circular 06/2005 and the Natural Environment and Rural Communities Act 2006, Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
27. No development hereby permitted shall take place until a certificate from the Delivery Partner (as set out in the District Licence WML-OR134, or a ‘Further Licence’), confirming that all necessary measures regarding great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the planning authority and the authority has provided authorisation for the development to proceed under the district newt licence. The delivery partner certificate must be submitted to this planning authority for approval prior to the commencement of the development hereby approved.
REASON: In order to adequately compensate for negative impacts to great crested newts, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006, Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
28. No development hereby permitted shall take place except in accordance with Part 1 of the Great Crested Newt Mitigation Principles, as set out in the District Licence (WML-OR134, or a ‘Further Licence’) and in addition in compliance with the:
Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians.
Capture methods must be used at suitable habitat features prior to the commencement of the development (i.e., hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development).
Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.
REASON: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WMLOR134, or a ‘Further Licence’), Circular 06/2005 and the Natural Environment and Rural Communities Act 2006, Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Basingstoke and Deane Borough Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.
Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.
Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.
1. The application for planning permission was made before 12 February 2024.
2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.
3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and
(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or
(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.
4. The permission which has been granted is for development which is exempt being:
4.1 Development which is not 'major development' (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:
i) the application for planning permission was made before 2 April 2024;
ii) planning permission is granted which has effect before 2 April 2024; or
iii) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).
4.2 Development below the de minimis threshold, meaning development which:
i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and
ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).
4.3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.
4.4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).
4.5 Self and Custom Build Development, meaning development which:
i) consists of no more than 9 dwellings;
ii) is carried out on a site which has an area no larger than 0.5 hectares; and
iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
4.5 Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.
* "original planning permission means the permission to which the section 73 planning permission relates" means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.
Irreplaceable habitat
If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.
The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.
The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission ("the earlier Biodiversity Gain Plan") there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324# chapter81324. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
proactively offering a pre-application advice (in accordance with paragraphs 40-47);
seeking further information following receipt of the application;
seeking amendments to the proposed development following receipt of the application;
considering the imposition of conditions (in accordance with paragraphs 56-59).
In this instance:
the applicant was updated of any issues after the initial site visit;
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. The Planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). A licence/permit should be obtained from Hampshire County Council using the following link www.hants.gov.uk/transport or by contacting the Highways Operation Centre on 0300 555 1388. Email roads@hants.gov.uk.
5. The planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). Any works within the highway must be approved by S278 Agreement, details of which can be found at https://www.hants.gov.uk/transport/developers/constructionstandards.
6. The planning permission does not authorise any temporary road closure. Any TTRO within the highway must be approved by HCC, please contact temporary.road.closures@hants.gov.uk for further advice on the process.
7. The applicant is advised that the Council gives encouragement for large scale developments to support opportunities for securing quality employment, training, development and apprenticeship opportunities working with local employment/training agencies, to include the voluntary and private sector providers, educational establishments plus Hampshire County Council's 'Hampshire Futures' Team. Further information can be provided by contacting the Economy and Culture Officer (Skills and Employability) or at the Basingstoke and Deane Borough Council website at Improving your skills and training (basingstoke.gov.uk).
8. The Local Highway Authority have advised that no vehicle longer than 16.5 metres shall be permitted to access the site during the construction, operation, or decommissioning phases of the development.
9. It is recommended that the NatureSpace Best Practice Principles are considered and implemented where possible and appropriate.
10. It is recommended that the NatureSpace certificate is submitted to this planning authority at least 6 months prior to the intended commencement of any works on site.
11. It is essential to note that any works or activities whatsoever undertaken on site (including ground investigations, site preparatory works or ground clearance) prior to receipt of the written authorisation from the planning authority which permits the development to proceed under the District Licence (WML-OR134, or a 'Further Licence') are not licensed under the great crested newt District Licence. Any such works or activities have no legal protection under the great crested newt District Licence and if offences against great crested newts are thereby committed then criminal investigation and prosecution by the police may follow.
12. It is essential to note that any ground investigations, site preparatory works and ground / vegetation clearance works / activities (where not constituting development under the Town and Country Planning Act 1990) in a red zone site authorised under the District Licence but which fail to respect controls equivalent to those detailed in the planning condition above which refers to the NatureSpace great crested newt mitigation principles would give rise to separate criminal liability under the District Licence, requiring authorised developers to comply with the District Licence and (in certain cases) with the GCN Mitigation Principles (for which Natural England is the enforcing authority); and may also give rise to criminal liability under the Wildlife & Countryside Act 1981 (as amended) and/or the Conservation of Habitats and Species Regulations 2017 (as amended) (for which the Police would be the enforcing authority).
Item 2 – 24/01165/OUT: Outline planning application for the construction of 50 dwellings with all matters reserved except for access. Site: Bow Brook Farm Vyne Road Bramley Hampshire
The Committee considered the report set out on pages of 129 of 227 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application which was deferred from the Development Control Committee held on the 10th September for further consultation with the Highways Authority on a number of concerns.
Some Members expressed their disappointment that they did not have the opportunity to question Hampshire Highways at the Committee Meeting as Members had concerns over highway safety.
Whilst other Members highlighted that Hampshire Highways were the experts and had provided their comments to the further consultation which still resulted in no objections to the proposal.
It was noted that objections were received from consultees the Urban Design Officer, Landscape Officer and the Parish Council.
Councillor Durrant, Councillor K Watts and Councillor Gaskell stood down from the Committee for the application.
RESOLVED that: the application be APPROVED subject to the applicant entering into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010, Policies CN1, CN6, CN8, CN9 and EM4 of the Basingstoke and Deane Local Plan 2011-2029) and Policies H2, D1, and T2 of the Bramley Neighbourhood Development Plan 2011-2029 between the applicant and the Borough and County Councils to secure:
40% affordable housing Provision of on-site Multi Functional Green Space Provision of on-site equipped Play Landscape Management Plan Highways improvement works Travel plan
Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons.
On completion of the legal agreement the Head of Planning and Infrastructure be delegated to grant planning permission subject to the conditions listed below.
Conditions
1 The development herby permitted shall be carried out in accordance with the following approved plans:
8269/L01/B - Site Location Plan
8284/P01/S - Parameters Plan
ITB200632-GA-002 Rev C - Potential Pedestrian Improvements to Vyne Road
The above parameters plan is approved in so far as it relates to the proposed access only.
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun either before the expiration of 3 years from the date of this permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is later.
REASON: To comply with Section 92 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 Applications for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 92 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
4 Details of the appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.
REASON: To comply with Article 4 of the Town and Country Planning (General Development Procedure) Order 2015 (or any order revoking and re-enacting that Order) and in order to secure a satisfactory development and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029.
5 No development above ground slab level shall commence until details of the types and colours of external materials and finishes to be used, including colour of mortar, together with samples (where appropriate), have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy D2 of the Bramley Neighbourhood Development Plan 2011-2029.
6 The reserved matters application(s) shall demonstrate refuse and recycling storage and collection facilities for all proposed dwellings. Such drawings shall show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter, retained and maintained, in accordance with the approved details. No part of the development shall be occupied until the refuse storage and collection facilities for it have been provided in full.
REASON: To ensure that the storage and collection of refuse does not harm highway safety or impact detrimentally upon the amenities of the site in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Appendix 3 of the Design and Sustainability Supplementary Planning Document (2018).
7 The reserved matters application(s) shall provide a Construction Statement detailing how the new dwellings shall meet a water efficiency standard of 110 litres or less per person per day. The development shall be carried out and maintained in accordance with the approved details.
REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029 and in the interests of preserving off site biodiversity and accordance with Policy EM4 of the Basingstoke and Deane Local Plan and section 15 of the National Planning Policy Framework (December 2024).
8 Applications for the approval of reserved matters shall be in accordance with Policies CN1 and CN3 of the Basingstoke and Deane Local Plan 2011-2029 with particular regard to the provision of an appropriate housing mix and 15% of affordable dwelling being built to lifetime mobility standards.
REASON: To ensure an appropriate co-ordinated high quality form of development and to accord with the National Planning Policy Framework (December 2024), Policies CN1, CN3, and CN4 of the Basingstoke and Deane Local Plan 2011-2029, Policy H2 of the Bramley Neighbourhood Plan 2011-2029 and the Housing Supplementary Planning Document (2018).
9 Application(s) for the approval of reserved matters shall demonstrate vehicle parking facilities and cycle parking provision, in accordance with the residential parking standards as set out in the Parking SPD (2018). Details drawings shall show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.
REASON: Details are required because insufficient information has been submitted with the application in this regard, to ensure adequate parking provision in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).
10 Application(s) for the approval of reserved matters shall be supported by a statement of how the development will be of a high quality of sustainable design. This will include reference to how the layout, design and construction of the development will involve the efficient use of natural resources through: reducing resource requirements in terms of energy demands and water use; the consideration of opportunities for renewable and low carbon energy technologies; the use of passive solar design to maximise the use of the sun's energy for heating and facilitate sustainable cooling of buildings; and the mitigation of flooding, pollution and overheating.
REASON: To ensure an appropriate co-ordinated high quality form of development in accordance with policies CN1, CN3, CN5, CN6, CN9, EM1, EM4, EM5, EM10, EM11 and EM12 of the Basingstoke and Deane Local Plan 2011-2029, the Design and Sustainability Supplementary Planning Document (2018), Housing Supplementary Planning Document (2018), the Landscape, Biodiversity and Trees Supplementary Planning Document (2018), and the National Planning Policy Framework (December 2024).
11 Applications for the approval of reserved matters shall be accompanied by a measured survey has been undertaken and a plan prepared to a scale of not less than 1:500 showing details of existing and intended final ground levels and finished floor levels in relation to a nearby agreed datum point which shall be submitted and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
REASON: In the interests of the visual amenities of the area and to ensure suitable living environments are created which secure appropriate amenity for adjoining properties in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029. Details are required prior to the commencement of development to ensure that the proposed levels that are to be delivered are appropriate.
12 Application(s) for the approval of reserved matters shall be accompanied by full details of both hard and soft landscape works including ground levels or contours; means of enclosure and boundary treatments; parking layouts; vehicle and pedestrian access and circulation areas; location and design of play areas; hard surfacing materials; location and layout of allotments and minor artefacts and structure (e.g. furniture, refuse or other storage units, signs, lighting, external services).
Soft landscape details shall include planting plans with specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants noting species, plant sizes and proposed numbers/ densities where appropriate, a schedule of tree planting to include the specification of tree planting pits where appropriate with details of any irrigation or drainage infrastructure, tree root barriers (if necessary) to prevent damage or disruption to any proposed hard surfacing or underground services, drains or other infrastructure and details of the location of external lighting sufficient to demonstrate how lighting is to be achieved without conflict to proposed tree planting, with allowance for reasonable growth.
The hard and soft landscaping details shall be accompanied by an implementation programme.
All hard and soft landscape works shall be carried out in accordance with the approved details prior to the occupation of the relevant part of the development or in accordance with the timetable agreed with the Local Planning Authority which shall include appropriate planting to be undertaken at the earliest opportunity.
Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority.
The development shall be carried out and thereafter maintained in accordance with the details so approved, (and in accordance with the separate S106 Landscape Management Plan, to include detailed long term design objectives, management responsibilities and maintenance schedules for all landscape areas to address all operations to be carried out in order to allow successful establishment of planting and the long term maintenance of the landscaping in perpetuity, and including provisions for review at least every five years).
REASON: To ensure the provision, establishment and maintenance of a high standard of landscape in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).
13 No development shall take place until the applicant has secured the implementation of a programme of archaeological assessment in accordance with a Written Scheme of Investigation (WSI), that has been submitted to and approved in writing by the Local Planning Authority, in order to recognise, characterise and record any archaeological features and deposits that may exist there.
REASON: To assess the extent, nature and date of any archaeological deposits that might be present and the impact of the development upon these heritage assets, in accordance with the advice contained within the National Planning Policy Framework (December 2024) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.
14 No development shall take place until the applicant has secured the implementation of a programme of archaeological mitigation of impact based on the results of the trial trenching, in accordance with a Written Scheme of Investigation, that has been submitted to and approved by the Planning Authority.
REASON: To mitigate the effect of the works associated with the development upon any heritage assets and to ensure that information regarding these heritage assets is preserved by record for future generations, in accordance with the advice contained within the National Planning Policy Framework (December 2024) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029
15 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 carried out by a competent person 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 BS10175:2011;
and,
(b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice;
and,
(c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed (including radon protection measures). The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring.
Important note: Unless part (a) identifies significant contamination, it may transpire that part (a) is sufficient to satisfy this condition, meaning parts (b) and (c) need not be subsequently carried out. This would need to be agreed in writing by the Local Planning Authority.
If during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority.
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Contamination Land Guidance at: https://www.gov.uk/contaminated-land, Last accessed October 2019.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
16 The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 15(c) that any remediation scheme required and approved under the provisions of condition 15(c) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise;
· as built drawings of the implemented scheme;
· photographs of the remediation works in progress;
· Certificates demonstrating that imported and/or material left in situ is free of contamination.
Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 15(c), unless otherwise agreed in writing by the Local Planning Authority.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
17 Application(s) for the approval of reserved matters shall be accompanied by an Acoustic Design Statement in accordance with the guidance set out in the Council's Environmental Protection Guidance Note for Developers and Consultants: Noise Assessments and Reports for Planning Applications.
REASON: to demonstrate that the design of the development has followed good acoustic design principles in ensuring that internal noise levels are achieved with windows open as far as practicable possible and to mitigate the impact of noise on external amenity areas, in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
18 No development shall take place until a scheme for protecting the internal amenity spaces of proposed dwellings from external noise has been submitted to and approved in writing by the Local Planning Authority. Design and construction of the development shall ensure that the following noise criteria are met with windows open*:
1. bedrooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A), and an 8-hour LAeq (23:00 to 07:00) of 30dB(A), with individual noise events not exceeding 45dB LAFmax more than 10 times (23:00 to 07:00 hours)
2. living rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A)
3. dining rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 40dB(A)
* Where the above internal noise levels cannot be achieved with the Chartered Institute of Building Engineers (CIBSE) Environmental Design Guide 2021, or later replacement guidance shall be provided.
ii Does not compromise the façade insulation or the resulting internal noise level.
iii Operates at a level to comply with noise rating curve NR25 or lower.
REASON: In the interests of residential amenity, and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
19 No development shall take place until details of a scheme for protecting external amenity spaces (gardens, patios, larger balconies, roof gardens and terraces), from external noise has been submitted to, and approved in writing by the Local Planning Authority. The scheme shall ensure that, upon completion of the development, good acoustic design will be used to ensure external noise levels within external amenity spaces shall not exceed 55 dB LAeq,16hr (0700 - 2300).
REASON: In the interests of residential amenity, and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
20 No dwelling shall be occupied until all the measures against the noise levels as set in conditions 19 and 20 and as approved by the Local Planning Authority under conditions 19 and 20 above have been completed for the proposed development. All works which form part of the approved scheme shall be completed prior to first occupation. Installation certificates for specified attenuated or plenum windows and mechanical ventilation systems shall be provided to the Local Planning Authority prior to occupation.
The approved scheme for each phase shall be thereafter maintained, unless otherwise agreed in writing by the Local Planning Authority.
REASON: To ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
21 No dwelling supplied with mechanical supply ventilation shall be occupied until a post completion noise survey has been undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the measures against the noise levels as set in condition 18.
If the noise levels set out in Condition 18 are exceeded, additional noise mitigation measures, (where necessary to ensure the appropriate noise levels can be met), shall be submitted to an approved in writing by the Local Authority and implemented in full prior to the first occupation of the development.
REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
22 No development shall take place until a site-specific Construction Environmental Management Plan has been submitted to and been approved in writing by the LPA. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting.
The plan should include, but not be limited to:
Procedures for maintaining good public relations including complaint management, public consultation and liaison;
Arrangements for liaison with the Council's Environmental Protection Team;
All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between Page 5 of 5 the following hours: 0730 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and; at no time on Sundays and Bank Holidays;
Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.
Mitigation measures as defined in BS 5528: Parts 1 and 2 : 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.
Procedures for emergency deviation of the agreed working hours;
An undertaking to require all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment;
Control measures for dust and other air-borne pollutants;
Measures for controlling the use of site lighting whether required for safe working or for security purposes; The approved plan shall be adhered to during the demolition/construction period of the development.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
23 Prior to the commencement of development, a detailed assessment of the potential impact of increased vehicle emissions on local and regional air quality shall be conducted in accordance with the 'Land-Use Planning & Development Control: Planning for Air Quality' guidance by the Institute of Air Quality Management shall be submitted to and approved in writing to the Local Planning Authority.
Should the assessment identify any significant adverse effects, appropriate mitigation measures shall be recommended. The development shall thereafter be carried out in accordance with the approved measures.
REASON: To minimise the impacts to air quality associated with the development and to protect the health and well-being of residents in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
24 No development shall take place, (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority.
The approved statement shall include scaled drawings illustrating the provision for:
1) The parking of site operatives and visitors vehicles.
2) Loading and unloading of plant and materials.
3) Management of construction traffic and access routes.
4) Storage of plant and materials used in constructing the development.
5) Wheel washing facilities.
REASON: In the interests of highway safety, to ensure convenience of arrangements for parking and turning of contractor and operative vehicles throughout construction of the development and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029
25 Before the development is brought into use, the means of vehicular access to the site shall be constructed in accordance with drawing 8284/P01/S - Parameters Plan and no structure, erection or planting exceeding 1.0m in height shall thereafter be placed within the visibility splays shown on the approved plans.
REASON: To ensure a suitable access and layout in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
26 Notwithstanding the details shown on the approved plans, the development shall not commence until a scheme of highway works on Vyne Road and Silchester Road as indicatively shown on drawing ITB200632-GA-002 Rev C - Potential Pedestrian Improvements to Vyne Road has been submitted to and approved in writing by the Local Planning Authority.
Before the development is brought into use the works shall be completed in accordance with the details shown on the approved plans and retained thereafter.
REASON: To ensure adequate access to the development in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
27 No dwelling hereby permitted shall be occupied until:
1) the network reinforcement works necessary to accommodate the development are operational and the existence of sufficient sewage capacity is confirmed in writing to the local planning authority by the sewerage undertaker or;
2) An infrastructure phasing plan to ensure no exacerbation of sewage flooding in Bramley has been submitted to and agreed in writing with the local planning authority. The infrastructure phasing plan shall include details of the proposed infrastructure together with timescales for implementation, as well as trigger points for when any temporary measures may be brought into effect and details of what those temporary measures comprise.
REASON: It is necessary for further information to be submitted which ensures the proposal is provided with a satisfactory means of foul drainage where network reinforcement works are required to accommodate the proposed development and to minimise the risk of sewerage flooding in Bramley and to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policies CN6, EM6, EM7 and EM12 of the Basingstoke and Deane Local Plan 2011-2029, and the National Planning Policy Framework (December 2024).
28 No development shall commence until a detailed surface water drainage scheme for the site, based on the principles within the submitted drainage strategy, 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 drainage strategy.
b) Detailed drainage plans to include type, layout and dimensions of drainage features including references to link to the drainage calculations.
c) Detailed drainage calculations to demonstrate existing runoff rates are not exceeded and there is sufficient attenuation for storm events up to and including 1:100 + climate change.
d) Evidence that urban creep has been included within the calculations.
e) Confirmation that sufficient water quality measures have been included to satisfy the methodology in the Ciria SuDS Manual C753.
f) Exceedance plans demonstrating the flow paths and areas of ponding in the event of blockages or storms exceeding design criteria.
REASON: To prevent the increased risk of flooding, both on and off site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
29 Prior to the occupation of the development hereby permitted details for the long-term maintenance arrangements for the surface water drainage system as approved under the provisions of condition 29 shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include;
a. Maintenance schedules for each drainage feature type and ownership;
b. Details of protection measures
REASON: To ensure the ongoing efficient management of the approved drainage strategy to prevent the increased risk of flooding both on and off site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
30 The construction of the approved access shall be carried out in accordance with the Tree Protection Measures outlined in the Arboricultural Implications Assessment and Method Statement produced by Eco urban Arboricultural (report Ref: 231591-AIA4 dated 15 April 2024).
REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (December 2024), policies, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).
31 Application(s) for the approval of reserved matters shall be supported by an updated Arboricultural Impact Assessment prepared in accordance with the BS5837:2012 "Trees in relation to design, demolition and construction" (or equivalent document if replaced), to reflect the final design and layout of the proposed development. The assessment shall be based upon a comprehensive survey of all the trees on and adjacent to the site and shall demonstrate which trees can be retained and which trees are to be removed. Development shall be carried out in accordance with the approved details.
REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (December 2024), policies, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).
32 The development hereby approved shall be carried out in strict accordance with all proposed precautionary, protection and enhancement measures and procedures and further species survey recommendations contained within Section 5 of the supporting Preliminary Ecological Appraisal report (Urban Edge Environmental Consulting Ltd, May 2024) to address potential impacts on habitats and protected and notable species.
Where further species surveys are required, these shall be submitted to an approved in writing by the Local Planning Authority prior to the commencement of the development, in accordance with the timing's specified within the Preliminary Ecological Appraisal report.
REASON: To meet with the Conservation of Habitats and Species Regulation 2017 and the Wildlife and Countryside Act 1981 (as amended) in relation to protected and notable species, in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
33 Prior to the installation of any external lighting, an external lighting plan in line with recommendations contained within Section 5.2.2 of the Protected Species Report (Urban Edge Environmental Consulting Ltd, May 2024) and Bat Conservation Trust Guidance Note 08/23 shall be submitted to and approved in writing by the Local Planning Authority. Following approval, the development will be undertaken in line with approved plan.
REASON: To prevent impacts on bats protected under the Conservation of Habitats and Species Regulations 2017 and in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 regarding prevention of adverse impacts on key species.
Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Basingstoke and Deane Borough Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.
Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.
Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.
1. The application for planning permission was made before 12 February 2024.
2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.
3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and
(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or
(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.
4. The permission which has been granted is for development which is exempt being:
4.1 Development which is not 'major development' (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:
i) the application for planning permission was made before 2 April 2024;
ii) planning permission is granted which has effect before 2 April 2024; or
iii) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).
4.2 Development below the de minimis threshold, meaning development which:
i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and
ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).
4.3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.
4.4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).
4.5 Self and Custom Build Development, meaning development which:
i) consists of no more than 9 dwellings;
ii) is carried out on a site which has an area no larger than 0.5 hectares; and
iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
4.5 Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.
* "original planning permission means the permission to which the section 73 planning permission relates" means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.
Irreplaceable habitat
If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.
The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.
The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission ("the earlier Biodiversity Gain Plan") there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
proactively offering a pre-application advice (in accordance with paragraphs 40-47);
seeking further information following receipt of the application;
considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 56-59).
In this instance:
the applicant was updated of any issues after the initial site visit and on recipet of consultee comments;
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 844844 or email gmsteam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.
5. The Council encourages all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment.
6. The development hereby approved results in the requirement to make payments to the Council as part of the Community Infrastructure Levy (CiL) procedure. A Liability Notice setting out further details and including the amount of CiL payable will be sent out separately with any subsequent Reserved Matters Approval following the receipt of CIL Form 2 (Assumption of Liability) (https://ecab.planningportal.co.uk/uploads/1app/forms/form_2_assumption_of_liability.pdf). You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the Council prior to the commencement of development. Failure to submit the Commencement Notice prior to the commencement of development will result in the loss of any exemptions claimed; the loss of any right to pay by instalments; and additional costs to you in the form of surcharges. You are advised to await acknowledgement of receipt of the Commencement Notice from the Charging Authority before commencing any works. Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy.
7. Whilst condition 1 lists the parameters plan as an approved drawing, the Applicant is reminded that this is only in so far as it relates to the proposed access and visibility splays. The reserved matters application would deal with the layout, landscaping, scale and appearance of the development and in accordance with the advice contained within this report, it is expected that there would alterations to the layout as currently illustrated within the parameters plan. For the purposes of this decision notice, the layout as shown on the parameters plan is for illustrative purposes only.
8. This Decision Notice must be read in conjunction with a Highways Agreement to be completed under the terms of Section 278 of the Highways Act 1980 (as amended). You are advised to satisfy yourself that you have all the relevant documentation prior to the commencement of development.
9. Before undertaking any work which affects a public highway you must obtain specific written approval from the Director of Economy, Transport and Environment at Hampshire County Council and enter into or secure any necessary legal agreements or consents to enable the works on a public highway to proceed. It is an offence to carry out unauthorised works on a public highway. This requirement applies not only to the creation of new vehicle accesses involving excavation within a footway, verge or carriageway but also to the stopping of existing access(es) or other works on or to the public highway. For further information, please contact highways.development.control@hants.gov.uk.
10. The applicant is reminded that the beneficial use of any viable minerals extracted on the site during the enabling or construction phases of the development is highly encouraged. Further advice can be sought in consultation with Hampshire County Council as the Minerals Planning Authority by contacting planning.policy@hants.gov.uk.
11. In respect of conditions 19 and 20 a good acoustic design process must be followed in accordance with the 'Professional Practice Guidance on Planning and Noise: New Residential Development' (May 2017 or later versions) to ensure that the noise criteria are achieved.
Any design measures that are used to control the ingress of noise must be consistent and compatible with the requirements of Building Regulations.
12. In respect of condition 22 the survey and reporting shall be undertaken in accordance with the following methodology:
Noise Survey Protocol
The acoustic testing shall seek to demonstrate compliance with the standards set out in condition 19. Tests must be carried out prior to the occupation of any dwellings within the development.
The plots for testing shall be agreed with the Environmental Health team and approved in writing by the Local Planning Authority in advance of the testing.
The acoustic testing will be undertaken in general accordance with the Association of Noise Consultants' publication "ANC Guidelines: Noise Measurement in Buildings: Part2: Noise from External Sources".
If the site is subject to a high level of construction noise during the daytime, then any affected periods shall be discounted from the analysis. In this event it would be possible to use historical noise graphs for the site to estimate the daytime noise levels in the absence of the construction noise to a reasonably high degree of accuracy.
Noise levels shall be monitored at a single location in each test room, with the measurement microphone positioned at a height of 1.2m above floor level and a distance at least 1.5m from any external wall/window.
The measuring equipment shall be "Type 1", as defined in BS EN 61672:2003.
The calibration of the measuring equipment shall be checked prior at the start of the survey using a hand-held calibrator compliant with BS EN 60942:2003 (IEC 60942:2003), Class 1. The calibration will be checked upon completion of the survey. o All measurement and calibration equipment shall hold current laboratory calibration certificates, traceable to national standards and measured at a UKAS approved laboratory.
The measurement instrumentation shall be configured to record the LAeq,T and LAmax,fast sound levels over consecutive 1 minute intervals. Contemporaneous measurements to a higher (1 second) resolution shall also be undertaken.
The equipment shall be installed for a period covering three weekday nights, to obtain representative information regarding any variation in night-time noise events.
Where noise measurements are undertaken in unfinished and unfurnished rooms, the reverberation time in the test room shall be measured in accordance with BS EN ISO 3382- 2; "Acoustics. Measurement of room acoustic parameters. Reverberation time in ordinary rooms". The measurement results shall be adjusted accordingly to account for the change in reverberation time between the tested condition and future reverberation time within the room when furnished.
All measurements shall be undertaken with windows closed and the Mechanical Ventilation with Heat Recovery (MVHR) whole house supply and extract system (installed in compliance with Condition [ ]) operating.
Reporting
The report shall present the following information:
date and time of measurements;
location: i.e. name of building, floor, room name or number; o description of noise source(s);
details of all equipment used, i.e. manufacturer and model, serial numbers; o results of calibration checks;
measurement positions;
description of the room finishes, etc. at the time of testing;
measured reverberation times, if relevant, and any correction used to adjust measured noise levels;
noise monitoring results;
an assessment of the measurement data and compliance with the technical requirements of Condition 19
recommendations for additional mitigation measures/repairs where the monitoring shows that the noise standards have not been complied with.
13. For the avoidance of doubt, whilst the Construction Management Plan (condition 25) should include provision of wheel washing facilities, the planning condition can only secure that these are provided, and available for use. Mud on the Highway, or damage to Highway verges, is not a matter that can be enforced by the Planning Authority through the Planning Acts. If any mud is deposited on the public highway despite these provisions (for any wheel washing facilities), this is a matter that would be addressed by the Highway Authority (Hampshire County Council) or the Police, through the Highways Act 1980 and the Road Traffic act 1988, including:
a. Highways Act 1980 Section 137 states: "If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence".
b. Highways Act 1980 Section 148 states: "If without lawful authority or excuse a person deposits anything whatsoever on a highway to the interruption of any user of the highway he is guilty of an offence.
c. Section 149 of the Highways Act 1980 states: "If anything is deposited on the highway so as to constitute a nuisance/danger the Highway Authority can require the person who put it there to remove it forthwith". Mud causes skidding and is therefore dangerous and a nuisance.
d. Highways Act 1980 Section 161 states: "If a person, without lawful authority or excuse, deposits anything whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence".
e. Furthermore, the Road Traffic Act 1988 covers situations where a mechanically propelled vehicle is driven dangerously on a road. Driving dangerously can include driving a vehicle in a state that could cause danger to others.
Punishment for these offences by the Highway Authority or the Police ranges from fines to imprisonment.
14. The applicant is reminded that, under the Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended), it is an offence to (amongst other things): deliberately capture, disturb, injure, or kill great crested newts; damage or destroy a breeding or resting place; intentionally or recklessly obstruct access to a resting or sheltering place. Planning permission for a development does not provide a defence against prosecution under this legislation. Should great crested newts be found at any stage of the development works, then all works should cease, and a professional and/or suitably qualified and experienced ecologist (or Natural England) should be contacted for advice on any special precautions before continuing, including the need for a licence.
15. In the interests of maximising pedestrian connectivity and permeability, the Local Planning Authority encourages the applicant to explore the potential for a pedestrian connection to the northern site boundary as part of the reserved matters stage.
Item 3 – 20/03593/RET: Change of use of land used as a farmyard manure store for use as storage for ground maintenance company. Site: Land At Brickletons Farm Clappers Farm Road Silchester Reading
The Committee considered the report set out on pages of 228 of 250 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and were in general support of the proposal.
Members favoured the condition included within the report to restrict the burning of materials on site.
RESOLVED that: the application be APPROVED
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan, Brickledons Farm dated 22nd December 2020
Site Plan, Brickledons Farm dated and received 9th May 2024
6 no. Containers (Elevations) - Drawing A 01 - Received 18th July 2025
6 no. Containers (Floor Plans) - Drawing A 02 - Received 18th July 2025
Lighting Plan, Brickledons Farm dated 17th July 2025 and received 18th July 2025
Cross Section of Bund received 9th May 2024
REASON: For the avoidance of doubt and in the interests of proper planning.
2 There shall be no burning on site associated with the operations of the ground maintenance company.
REASON: In the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
3 The use hereby approved, including operations on site and deliveries/collections to/from the site, shall take not take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: In the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
4 The proposed landscaping shall be carried out in accordance with the planting and management plan received by email by F.Hodge, Simmons And Sons Surveyors LLP dated 15th May 2024. The approved landscape scheme shall be planted in the next available planting season. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, details of which shall be agreed in writing by the Local Planning Authority before replacement occurs.
REASON: In the interests of the appearance of the site and the interests of visual amenity in accordance with Policy EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 The external lighting on site shall be retained in accordance with the permitted Lighting Plan dated 17th July 2025 and received 18th July 2025 and details contained within the email dated 28th July 2025 confirming the lights are 300W LED security lighting with PIR function. No additional external lighting shall be erected on site without prior permission from the Local Planning Authority through a separate application made for that purpose.
REASON: To prevent adverse impacts on the landscape, amenity and ecology in accordance with Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
Seeking further information following receipt of the application;
Considering the imposition of conditions
In this instance:
The applicant was updated of any issues after the initial site visit;
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning-application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
Item 4 – 25/00091/RET: Erection/installation of freezer condenser units to roof (retrospective). Site: 20 Winchester Street Basingstoke Hampshire RG21 7DZ
The Committee considered the report set out on pages of 251 of 265 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and supported the officer recommendation. They considered the works that had been carried out were visually intrusive and unsympathetic to the building and the setting of the Conservation Area.
It was also noticed that the drawings presented with the application did not reflect the cables that were currently on the building.
RESOLVED that: the application be REFUSED and ENFORCED for the following reasons:
Reasons for Refusal
1 The installation of refrigeration compressor units and associated ducting and cabling, by reason of their unsympathetic siting and visual prominence, causes less than substantial harm to the significance of the Basingstoke Town Centre Conservation Area (a designated heritage asset), the host building at 20 Winchester Street (a non-designated heritage asset), and the setting of adjacent listed buildings. No public benefits have been identified that would outweigh this harm, contrary to the requirements of Paragraphs 215 and 216 of the NPPF. This harm would also be extended to the visual amenities of the street scene and the wider area. As such, the development would be contrary to Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029, Section 16 of the National Planning Policy Framework (December 2024) and the Heritage Supplement Planning Document (March 2019).
2 Insufficient information has been provided to assess the impact of the fridge freezer compressor units on the amenities of neighbouring properties. Therefore, the proposal would be contrary to Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
Enforcement
Enforcement action as defined in Section 171A of the Town and Country Planning Act 1990 (as amended), be initiated requiring:
· Removal of the fridge freezer compressor units from the roof of the building, together with the associated cabling/ducting.
· Period of compliance - 6 months
Reasons for enforcement/expediency (as set out above within A)
Informative(s):-
1. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 56-59).
In this instance:
the application was unacceptable as submitted and no further assistance was required.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
Item 5 – 25/00823/FUL: Erection of a detached self build dwelling and garage. Site: Land South Of 52 Pardown Oakley Hampshire
The Committee considered the report set out on pages of 266 of 304 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED subject to the conditions and informatives listed below.
Reasons for Approval
subject to the following conditions and informatives:-
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan (drawing no. P01 rev B)
Block Plan (drawing no. P03 rev B)
Proposed Site Plan (drawing no. P04 rev D)
Proposed Elevations (drawing no. P11 rev C)
Proposed Floor Plans (drawing no. P10 rev C)
Proposed Garage and Car Port (drawing no. P20 rev A)
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 No development shall commence above slab level on site until details of the types and colours of external materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029.
4 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
6 The development shall not be occupied until a Construction Statement detailing how the new home shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details.
REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.
7 The parking area and garage hereby approved shall not be used for any purpose other than parking, loading and unloading of vehicles.
REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
8 The development hereby permitted shall not be occupied or the approved use commence, whichever is the sooner, until the property has provision within its curtilage for refuse and recycling storage (prior to disposal) as shown on the approved plans. The surface materials from the carriageway to the waste container collection point shall be smooth and shall not hinder the movement of waste containers to the collection vehicle, have been provided for 1 number 240ltr refuse Wheelie bin, 1 number 240ltr recycling Wheelie bin and 1 number glass recycling box, and the areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling and shall be thereafter retained and maintained
REASON: In the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.
9 The development hereby permitted shall not be occupied until the property has provision within its curtilage for secure cycle parking facilities for 2 long and 1 short stay places with a transit route to and from the public highway as shown on the approved plans. The cycle storage shall thereafter be retained and maintained for such purposes.
REASON: To improve provision for cyclists and discourage the use of the private car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.
10 No development shall take place until confirmation has been submitted to and approved in writing by the Local Planning Authority which demonstrates that a mitigation package has been secured that addresses all of the additional nutrient input arising from the development and ensures that the additional nutrient loading will not have an adverse effect on the integrity of internationally protected Habitat Sites, having regard to the conservation objectives for those sites.
REASON: In the absence of accompanying the planning application, details are required to demonstrate that suitable mitigation has been secured to address the likely significant effects of nutrients generated from the development upon internationally protected sites in accordance with the Conservation of Habitats and Species Regulations 2017 and in accordance with the National Planning Policy Framework (2021) and Policy EM4 of the Basingstoke and Deane Borough Council 2011- 2029.
11 The development hereby approved shall be carried out in accordance with all proposed avoidance, mitigation and enhancement ecommendations and procedures contained within Section 3, Section 4, and Appendix 3 of the supporting Preliminary Ecological Appraisal (Wild Earth Ecology, March 2025) to address potential impacts on protected and notable species and habitats.
REASON: In order to mitigate impacts on protected species and in order to provide biodiversity net gains in line with Policy EM4 of the Basingstoke and Deane Borough Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029.
12 No development or other operations shall commence on site until an Arboricultural Method Statement (AMS), prepared in accordance with the British Standard "Trees in Relation to Design, Demolition and Construction to Construction - Recommendations" (BS 5837) (2012), has been submitted to and approved in writing by the Local Planning Authority. The AMS shall detail the location and specification for the protective fencing and ground protection of all retained trees and boundary hedges; identify areas for the storage and handling of building materials, a detailed specification for the utility and service installation along with any other measures, including special engineering solutions where necessary, required to safeguard trees. The AMS shall also outline measures to be taken to ensure that any tree work operations do not impact on protected species. The development shall be carried out in complete accordance with the approved AMS.
REASON: Details are required prior to commencement to ensure that reasonable measures are taken to safeguard protected/important landscape trees in the interests of the local amenities and the enhancement of the development in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
13 No development on each phase, including any demolition works, soil moving, temporary access construction and/or widening, or storage of materials shall commence on site until a detailed services layout has been submitted and approved in writing by the Local Planning Authority. All services shall be included including gas, electricity, foul and fresh water, drainage and telecommunications. If a particular service is not required, a statement shall be included to that effect. The layout shall respect landscape and wildlife protection and mitigation measures and in particular, ensure that its implementation does not require installation or future maintenance excavations to be made within protection zones. The development and/or other operations shall be carried out and thereafter maintained in complete accordance with the approved service layout.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to ensure the protection of identified tree, landscape and wildlife features/areas, in accordance with Policies EM1, EM4 and EM10 and of the Basingstoke and Deane Local Plan 2011-2029.
14 No development shall commence on site until full details of surface water drainage treatment shall be submitted to and approved in writing by the Local Planning Authority.
REASON: Details are required prior to commencement as insufficient detail was submitted within the application in this regard, in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.
15 No development above slab level shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping which shall specify boundary treatments, hard surfaces, planting species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before development commences. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority.
REASON: Details are required prior to commencement above slab level because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029.
16 The development shall be carried out and maintained in accordance with the Nitrate Assessment and Budget prepared by Aqua Callidus dated 4/3/2025.
REASON: To ensure that the site is maintained in accordance with such details and demonstrates that a Package Treatment Plant is required to secure effective mitigation in order to comply with Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.
17 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any Order revoking or re-enacting that Order with or without modification, the approved Package Treatment Plant shall not be replaced without the prior written approval of the Local Planning Authority.
REASON: To ensure that the site is maintained in accordance with the approved details which demonstrates that a Package Treatment Plant or other onsite wastewater treatment facility is required to secure effective mitigation in order to comply with Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.
18 The dwelling hereby approved shall not be connected to the mains for foul water drainage and disposal.
REASON: To ensure that the site is maintained in accordance with the approved details which demonstrates that a Package Treatment Plant or other onsite wastewater treatment facility is required to secure effective mitigation in order to comply with Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.
19 No development shall commence on site until a radon gas risk assessment has been submitted to and agreed by the Local Planning Authority. This should conclude whether a gas impermeable membrane needs to be installed into the buildings to protect the future occupants of the development. If a gas impermeable membrane is required then details of this should be submitted along with details of the ventilated sub-floor area. Particular attention to joins with any existing structures and seals around any services, should be submitted to and agreed in writing by the Local Planning Authority. Any services entering/leaving the structure shall be located above the gas impermeable membrane, and adequate seals will be provided to ensure the membrane is not breached. The works shall be undertaken in accordance with the approved details.
REASON: Details are required prior to commencement to ensure that adequate measures are taken to avoid the potential risk to future occupiers from natural gases arising from the ground in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
20 No development shall take place, (including site preparation and any groundworks) until a site-specific Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall demonstrate the following:
how construction traffic will be managed along Pardown and the access into the site
where site operative vehicles will park
where storage of materials and machinery will be stored within the site
any biodiversity impacts arising from the construction phase of the development in relation to impacts on nearby Sites of Importance for Nature Conservation which includes Bulls Bushes Copse, Pardown Copse & Small Copse, and South Wood
The approved CEMP shall be adhered to throughout the construction period for that phase.
REASON: Details are required prior to commencement of the development to avoid impacts on the highway and biodiversity in accordance with Policies CN9, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 56-59).
In this instance:
the application was acceptable as submitted and no further assistance was required.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. The hedgerows on site should be retained however should these be removed and dormouse found, works must cease and Natural England must be contacted immediately.
5. It is noted that a cherry laurel hedge is along the southern site border. While this species is not currently listed within Schedule 9 of the Wildlife and Countryside Act, the hedge should be managed in a way to prevent the spread.
6. If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 845557 and email GMSTeam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.
7. In the event discoloured and/or odorous soils are encountered during foundations and other excavation works; or should any hazardous materials (including asbestos) or significant quantities of made ground be found, then all development works shall be stopped and the Local Planning Authority contacted immediately. A scheme of works to investigate the risks and / or the adoption of any required remedial measures be submitted to, agreed and approved in writing by the Local Planning Authority prior to the recommencement of development works.
Item 6 - 25/01519/HSE: Erection of a single storey rear extension with associated fenestration. Site: Hurstwood 2A Andover Road Oakley Hampshire
The Committee considered the report set out on pages of 305 of 330 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED subject to the conditions and informatives listed below.
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Site Location Plan - Drawing No.: A4/344/OS1 - Dated: October 2024 - Received 18th June 2025
Proposed Block Plan - Drawing No.: A4/344/11 - Dated: June 2025 - Received 18th June 2025
Details of Proposed Ground Floor Plan and Elevations - Drawing No.: A4/344/02 - Dated: October 2024 - Received 18th June 2025
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building, the approved plans and the details within the submitted application form.
REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029.
4 Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural reports, Tree Survey, Arboricultural Impact Assessment, & Method Statement, Ref.: 242045/A2_AIA_Rev.A , dated July 2025 and Tree Survey Assessment, Ref.: 242131/A1, dated January 2025, as submitted by Indigo Surveys Ltd. Tree protection fencing and ground protection shall be erected prior to any site activity starting in compliance with Tree Protection Plan 242045/TPP/01 Rev.: A and maintained throughout the development. The development shall be carried out in complete accordance with the approved Method Statement.
REASON: To ensure that the trees to be retained are in a safe and healthy condition to the benefit of the local amenities and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 Notwithstanding the provisions of Article 3 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 additional openings shall be inserted in the eastern or western side elevation of the extension hereby approved without the prior permission of the Local Planning Authority on an application made for the purpose.
REASON: To protect the amenity and privacy of the occupiers of adjoining property and in the interest of the amenities of the area in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
6 No vehicles, machinery, equipment, materials, spoil, scaffolding, or anything else associated with the works, use, or occupation of the development, shall be left on or near to Oakley Footpath 9b as to cause obstruction, hindrance, or a hazard to the public, who retain the right to use the Public Right of Way at all times.
REASON: To ensure that the footpath remains accessible to the public and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
7 No development shall commence until a proposed engineering solution to address the risk of tree-related foundation movement has been submitted to and approved in writing by the Local Planning Authority. This proposed engineering solution shall be supported by expert evidence, in the form of a structural engineer's report, that it is fit for purpose. The development shall be carried out and thereafter maintained in complete accordance with the approved engineering solution.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to reduce the risk of future tree-related building damage, which could result in a requirement to remove, or heavily prune, trees and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
seeking further information following receipt of the application;
considering the imposition of conditions.
In this instance:
the applicant was updated of any issues after the initial site visit.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. Your application will determine whether the proposed works are acceptable in planning terms. Please be aware that this will not automatically override your responsibilities under other legislation and in particular your attention is drawn to the Wildlife and Countryside Act 1981 as amended, the Countryside and Rights of Way Act 2000 and the Conservation of Habitats and Species Regulations 2017. This legislation protects ALL wild birds, their nests (whether in use or being built) and eggs and other wild animals including bats and their roosts in or adjacent to trees, hedges and buildings. In simple terms, you should make sure that there are no wild birds nesting in or bats roosting in or adjacent to the trees, hedges and buildings that you are proposing to work on. It is a criminal offence to harm or destroy any bird, its nest or its eggs or any bat or its roost (even if the roost is not occupied at the time).
5. In the UK, all bat species and their roosts are protected under domestic and international law. Demolition and/or construction works should be carried out sensitively including soft stripping by hand of tiles and checking barge boards. Should signs of bats be located during works, then works should cease immediately and advice sought from a suitably qualified bat licensed ecologist in order to prevent any breach of legislation in relation to protection of bats and their roosts. Qualified ecologists can be found on the CIEEM registered directory.
6. The applicant is advised that the development affects a Public Right of Way and should be made aware of the following:
Nothing connected with the development or its future use should have an adverse effect on the right of way, which must remain available for public use at all times.
Any damage caused to the surface of the Public Right of Way by construction traffic will be required to be restored to the satisfaction of the Countryside Area Access Manager on the completion of the build.
There must be no surface alterations to a public Right of Way without the consent of Hampshire County Council as Highway Authority. To carry out any such works without this permission would constitute an offence under s131 Highways Act 1980.
No builders or contractor's vehicles, machinery, equipment, materials, spoil or anything associated with the works should be left on or near the public right of way so as to obstruct, hinder or provide a hazard to users. The public retain the right to use the public right of way at all times.
All vehicles accessing the site via a public right of way should give way to public users, which could include horse-riders and cyclists at all times.
Should the developer identify the need to temporarily close or adjust a PROW, they should follow the guidance on the Hampshire County Council website. This includes further information on the duties as a land owner and/or developer, found at Landowners guide to public rights of way | Hampshire County Council (hants.gov.uk).
7. Whilst it would appear from the application that the proposed development is to be entirely within the curtilage of the application site, care should be taken upon commencement and during the course of building operations to ensure that no part of the development, including the foundations, eaves and roof overhang will encroach on, under or over adjoining land without the consent of the adjoining land owner.
8. The development site has an overhead powerline crossing the site and he proposed extension would be in close proximity to a pole to which the powerline attaches. The applicant is advised to contact Scottish and Southern Electricity Network to ensure that appropriate safety precautions are adopted for new development in proximity to these live overhead lines, and to confirm whether there is a requirement for the pole to be re-located. Contact can be made at GE@ssen.co.uk or on 0800 0483516.
9. The applicant is advised to give consideration in the construction of the proposed extension to the need to avoid an interruption of the safe and free flow of traffic during the construction period. Construction works and deliveries should not take place before the hours of 07:30 nor after 18:00 Monday to Friday, before the hours of 08:00 nor after 1300 Saturdays nor on Sundays or recognised public holidays. All deliveries should be made within the application site itself.
Interest
Name
Item No./Topic
Support
Mr Rajmohan
Item 4 - 25/00091/RET
Support
Mr Runcie
Item 5 - 25/00823/FUL
Parish Council
Ms Beere
Item 6 - 25/01519/HSE
Objector
Ms Lambert
Item 6 - 25/01519/HSE
Support
Mr Smith
Item 6 - 25/01519/HSE
Objector
Mr Finch
TPO BDB/0728
Objector
Mr Thorp
TPO BDB/0729
Item 1 - 24/00852/FUL: Installation, operation and decommissioning of renewable energy generating station comprising ground-mounted photovoltaic solar arrays together with transformer/inverter stations, site accesses, internal access tracks, security measures, access gates, other ancillary infrastructure and landscaping and biodiversity enhancements. Site: Land At Strattons Farm Newbury Road Kingsclere Hampshire
The Committee considered the report set out on pages of 21 of 128 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application which resulted in mixed views.
The main area of discussion was whether the loss of the agricultural land outweighed the benefits of the proposal for renewable energy.
Some Members expressed their concern that the proposal would have a harmful impact on the landscape and character of the area.
Other Members disagreed and highlighted that it was a moderate quality of agricultural land (Grade 3b) and the proposal was for a limited number of years and therefore the loss of land was not a viable reason for refusal.
Councillor Durrant, Councillor Grassi and Councillor Bound stood down from the Committee for the application.
RESOLVED that: the application be APPROVED subject to the applicant entering a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029) between the applicant and the Borough Council to secure:
· BNG – significant features.
Should the requirements set out above not be satisfactorily secured within 6 months of the date of the meeting, then the Head of Planning and Infrastructure be delegated to REFUSE permission for appropriate reasons. The decision is approve is also subject to the following conditions and informatives:-
Conditions
1. The development hereby permitted shall be carried out in accordance with the following approved plans:
Proposed Site Layout – drawing no AEM023-PL-01_rev 12
33kV Brick Built Substation – drawing no AEM023-SD-01_rev 01
Cable Trench 600mm – drawing no AEM023-SD-02_rev 02
40ft Solar Inverter – drawing no AEM023-SD-03_rev 01
Internal Access Track – drawing no AEM023-SD-04_rev 01
40ft Customer Switchgear – drawing no AEM023-SD-05_rev 01
CCTV Camera and Post – drawing no AEM023-SD-07_rev 03
27.5° Panel Cross Section – drawing no AEM023-SD-10_rev 01
40ft Solar Inverter with Concrete Posts – drawing no AEM023-SD-11 rev 03
Cable Trench 1000mm – drawing no AEM023-SD-12 rev 01.
REASON: For the avoidance of doubt and in the interests of proper planning.
2. The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3. The development hereby permitted shall be for a temporary period only to expire 40 years after the first export date of electricity from the development. Written confirmation of the first export date shall be provided to the Local Planning Authority within one month after the event.
REASON: The development is not considered suitable for permanent retention and to enable the impacts to be assessed as to the impacts on the landscape character and visual amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
4. If the solar farm hereby permitted ceases to operate for a continuous period of 12 months, then a scheme for the decommissioning and removal of the solar farm and ancillary equipment together with the restoration of the site shall be submitted within 6 months of the end of the cessation period to the Local Planning Authority for written approval. The scheme shall make provision for:
- the removal of the solar panels and associated above ground works approved under this permission;
- the management and timing of any works;
- a traffic management plan to address likely traffic impact issues during the decommissioning period;
- an environmental management plan to include details of measures to be taken during the decommissioning period to protect wildlife and habitats;
- details of site restoration; and
- an implementation timetable.
-
The decommissioning of the site shall be carried out in accordance with the approved scheme.
REASON: To ensure that the decommissioning and restoration of the site is carried out in a managed approach that minimises the impacts on the natural, built and historic environment and upon highway safety in accordance with Policies EM1, EM4, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
5. Within a period of 39 years and 6 months following the first export date, a scheme for the decommissioning of the solar farm and its ancillary equipment and restoration of the site, shall be submitted to and approved by the Local Planning Authority (except in the event that Condition 4 has been triggered and decommissioning has been completed). The scheme shall incorporate the criteria set out within Condition 4 as a minimum. The decommissioning of the site shall be carried out in accordance with the approved scheme.
REASON: To ensure that the decommissioning and restoration of the site is carried out in a managed approach that minimises the impacts on the natural, built and historic environment and upon highway safety in accordance with Policies EM1, EM4, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
6. The solar farm and its ancillary equipment shall be dismantled and removed from the site and the land restored in accordance with the approved decommissioning and restoration scheme within a period of 40 years and 6 months following the first export date.
REASON: In the interests of natural, built and historic environment in accordance with the National Planning Policy Framework (2024), Policies EM1, EM4, EM10, EM11, EM12 and CN9 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
7. Notwithstanding the approved plans, prior to the erection on site, details of the proposed materials and finishes, including colour of all solar panels, frames, ancillary buildings and equipment, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and be maintained as such for the lifetime of the proposed development.
REASON: Details are required in the absence of accompanying the application and in the interests of visual amenity in accordance with the National Planning Policy Framework (2024), Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029.
8. All containers on site shall be sited at ground level and no containers shall be stacked.
REASON: To have regard to the landscape character in accordance with the National Planning Policy Framework (2024), Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029 and Policies P5 and P7 of the St Mary Bourne Parish Neighbourhood Plan - 2016-2029
9. Notwithstanding the details submitted, within 1 month from the commencement of development, full details of both hard and soft landscape proposals, including a landscape management plan to address all existing and new landscape features and how they shall be managed, shall be submitted to and approved in writing by the Local Planning Authority.
These details shall include, as appropriate, proposed finished levels or contours, means of enclosure, car parking layouts, hard surfacing materials and minor artefacts and structure (e.g. signs, lighting, external services, etc).
Soft landscape details shall include planting plan, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, (including replacement trees where appropriate), noting species, planting sizes and proposed numbers/densities where appropriate, as well as any works to enhance wildlife habitats where appropriate.
In addition, implementation timetables and maintenance programmes detailing all operations to be carried out to allow successful establishment of soft landscaping, shall be submitted to and approved in writing by the Local Planning Authority before development commences.
All hard and soft landscape works shall be carried out in accordance with the approved details prior to the first installation of solar panels in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority.
REASON: To improve the appearance of the site in the interests of visual amenity, residential amenity and to highway safety accordance with Policies CN9, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029 and the National Planning Policy Framework (2024).
10. Notwithstanding the details submitted, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of fences and CCTV cameras to be erected. The approved details shall be erected prior to the first export date of electricity from the development and shall thereafter be maintained in accordance with the approved details.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of the amenities of the area and in accordance with Policies EM8 and EM1 of the Basingstoke and Deane Local Plan 2011-2029.
11. No development including site preparation, material storage and ground works shall commence on site until an Arboricultural Method Statement including tree protection plan has been submitted to and approved in writing by the Local Planning Authority. The approved tree protection measures shall be erected prior to any site activity commencing and maintained until completion of the development. No development or other operations shall take place other than in complete accordance with the Arboricultural Method Statement. The section of the cable trench to pass through tree group G23 will need to be dug by hand or air excavated under arboricultural supervision and further details of the intended process shall be included in the Arboricultural Method Statement.
REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself, in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011- 2029, Policy K7 of the Kingsclere Parish Neighbourhood Plan - 2011-2029 and the National Planning Policy Framework (December 2024).
12. The development hereby permitted shall be undertaken in accordance with all proposed avoidance, mitigation and enhancement recommendations and procedures contained within Section 5 ‘Recommendations for mitigation and further surveys’, of the supporting Updated Preliminary Ecological Appraisal (Western Ecology, May 2024) to address potential impacts on protected and notable species and habitats. The avoidance and mitigation measures shall be implemented prior to the commencement of development and enhancement recommendation and procedures shall be in place prior to the first export of electricity.
REASON: To meet with the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981 (as amended) and the Badgers Act 1992 in relation to protected and notable species and to also ensure accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
13. The development hereby permitted shall be undertaken in accordance with the recommendations and procedures contained within Section 2.2 ‘Mitigation Strategy’ and Map 1 of the supporting Outline Skylark Mitigation Strategy (Western Ecology Ltd, Oct 2024) over the course of the development lifetime. This includes the provision of 22 skylark plots sited across offsite ‘Mitigation Land’, set out in Map 1. This mitigation strategy shall be carried out prior to the commencement of development.
REASON: To meet with the Wildlife and Countryside Act 1981 (as amended) in relation to protection and mitigation of skylark and to ensure accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
14. No development hereby permitted, with the exception of works to the access, shall be undertaken including site preparation, material storage and ground works’ until the means of vehicular access to the site has been constructed in accordance with the approved plan (CTMP July 2024 Drg No.SP01 Rev.E) and no structure, erection or planting exceeding 1.0m in height shall thereafter be placed within the visibility splays shown on the approved plans.
REASON: In the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
15. The development shall not commence until a road condition survey of the A339 at its junction with the proposed construction site access and along the A339 for a length of 50m either side of the site access junction is submitted to and agreed in writing with the Local Planning Authority. The scope of the survey shall be first agreed with the Local Planning Authority. The findings of the condition survey shall be monitored and reported to the Local Planning Authority at least every 6 months throughout the construction period of the development and any defects or damage attributable to construction activity to be rectified by the developer at their expense within 3 months of the defect being identified.
REASON: In the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
16. The construction and decommissioning phase of the development, including all associated vehicle movements and routing, shall be carried out strictly in accordance with the approved Construction Traffic Management Plan (CTMP) submitted as part of the planning application. No deviations from the approved vehicle routing or site access arrangements shall be permitted without the prior written approval of the Local Planning Authority on an application for this purpose.
REASON: In the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
17. No development shall take place until the applicant has secured the implementation of a programme of archaeological evaluation by geophysical survey, in accordance with a Written Scheme of Investigation that has been submitted to and approved by the Planning Authority.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to minimise the risk of accidental damage to the site of archaeological interest in accordance with Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029, Policy K17 of the Kingsclere Parish Neighbourhood Plan - 2011-2029 and the National Planning Policy Framework (December 2024).
18. All recommendations outlined in the report titled ‘Noise Assessment for Planning Application’ project 22-469, version 4 dated 9th April 2024 by shall be implemented and shall be completed before the use hereby approved is first commenced. The development shall be thereafter maintained in accordance with the approved details.
REASON: In the interests of the amenities of the occupants of nearby premises and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.
19. No development shall take place until a site-specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to
Procedures for maintaining good public relations including complaint management, public consultation and liaison.
Arrangements for liaison with the Council’s Environmental Protection Team.
All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 0730 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and; at no time on Sundays and Bank Holidays;
Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.
Mitigation measures as defined in BS 5528: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.
Procedures for emergency deviation of the agreed working hours.
An undertaking to require all contractors to be ‘Considerate Contractors’ when working in the Borough by being aware of the needs of neighbours and the environment.
Control measures for dust and other air-borne pollutants.
Measures for controlling the use of site lighting whether required for safe working or for security purposes.
Measures for ensuring the protection of the public rights of way network and its users during the construction phase. This shall include, but not limited to, visibility splays, surface design, give way markings and signage.
Measures for ensuring the protection of the public rights of way network and its users during the operational phase.
Undertaking repairs to the surface of the PROW to the satisfaction of the Countryside Area Access Manager on completion of the build.
The approved plan shall be adhered to during the construction and operational phases of the development.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
20. No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2024).
21. No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (2024).
22. The development hereby approved shall be carried out in strict accordance with the measures outlined in the Flood Risk Assessment and Drainage Strategy (RMA Environmental Ref. RMA-C2573 09.04.2024). Any changes to the approved documentation must be submitted to and approved in writing by the Local Planning Authority and Lead Local Flood Authority on an application for this purpose. Any revised details submitted for approval must include a technical summary highlighting any changes, updated detailed drainage drawings and detail drainage calculations and be submitted and approved via an application under S73 or S96A of the Town and Country Planning Act 1990 (as amended) depending on the nature of any change.
REASON: To ensure the satisfactory maintenance of drainage systems and to ensure that there is no flood risk on or off site resulting from the proposed development, in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011- 2029 and the National Planning Policy Framework (2024).
23. No vehicles, machinery, equipment, materials, spoil, scaffolding, or anything else associated with the works, use, or occupation of the development, shall be left on or near to Footpaths 74, 75 and 76 as to cause obstruction, hindrance, or a hazard to the public, who retain the right to use the Public Right of Way at all times.
REASON: To ensure that the footpath remains accessible to the public and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
24. No external lighting shall be erected within the application site of the development hereby approved.
REASON: To protect the setting of the National Landscape and residential amenity in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy K6 of the Kingsclere Parish Neighbourhood Plan - 2011-2029 and the National Planning Policy Framework (2024).
25. Within 3 months of the first export date, a post completion noise assessment shall be carried out and submitted for approval in writing to the Local Planning Authority to verify that the cumulative rated noise level from the plant is no greater than the prevailing background sound level (as set out in Condition 18) at the most sensitive period when the plant will be operated (e.g. evening, nights and weekends). A method statement shall be submitted to and approved by the Local Planning Authority prior to the survey being undertaken. The noise assessment shall be carried out by a suitably qualified acoustic consultant/ engineer and be undertaken in accordance with BS4142: 2014-"Methods for rating and assessing industrial and commercial sound". Where the above criteria has not been met it will be necessary to identify and install additional noise mitigation measures, within 3 months of the assessment.
REASON: In the interests of the amenities of the occupants of nearby premises and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011- 2029.
26. No development hereby permitted shall take place except in accordance with the terms and conditions of the Council’s Organisational Licence (WML-OR134, or a ‘Further Licence’) and with the proposals detailed on plan “Land at Strattons Farm: Impact Plan for great crested newt District Licensing (Version 1)”, dated 8 October 2024.
REASON: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WMLOR134, or a ‘Further Licence’), Circular 06/2005 and the Natural Environment and Rural Communities Act 2006, Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
27. No development hereby permitted shall take place until a certificate from the Delivery Partner (as set out in the District Licence WML-OR134, or a ‘Further Licence’), confirming that all necessary measures regarding great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the planning authority and the authority has provided authorisation for the development to proceed under the district newt licence. The delivery partner certificate must be submitted to this planning authority for approval prior to the commencement of the development hereby approved.
REASON: In order to adequately compensate for negative impacts to great crested newts, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006, Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
28. No development hereby permitted shall take place except in accordance with Part 1 of the Great Crested Newt Mitigation Principles, as set out in the District Licence (WML-OR134, or a ‘Further Licence’) and in addition in compliance with the:
Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians.
Capture methods must be used at suitable habitat features prior to the commencement of the development (i.e., hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development).
Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.
REASON: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WMLOR134, or a ‘Further Licence’), Circular 06/2005 and the Natural Environment and Rural Communities Act 2006, Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Basingstoke and Deane Borough Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.
Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.
Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.
1. The application for planning permission was made before 12 February 2024.
2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.
3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and
(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or
(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.
4. The permission which has been granted is for development which is exempt being:
4.1 Development which is not 'major development' (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:
i) the application for planning permission was made before 2 April 2024;
ii) planning permission is granted which has effect before 2 April 2024; or
iii) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).
4.2 Development below the de minimis threshold, meaning development which:
i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and
ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).
4.3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.
4.4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).
4.5 Self and Custom Build Development, meaning development which:
i) consists of no more than 9 dwellings;
ii) is carried out on a site which has an area no larger than 0.5 hectares; and
iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
4.5 Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.
* "original planning permission means the permission to which the section 73 planning permission relates" means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.
Irreplaceable habitat
If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.
The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.
The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission ("the earlier Biodiversity Gain Plan") there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324# chapter81324. Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
proactively offering a pre-application advice (in accordance with paragraphs 40-47);
seeking further information following receipt of the application;
seeking amendments to the proposed development following receipt of the application;
considering the imposition of conditions (in accordance with paragraphs 56-59).
In this instance:
the applicant was updated of any issues after the initial site visit;
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. The Planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). A licence/permit should be obtained from Hampshire County Council using the following link www.hants.gov.uk/transport or by contacting the Highways Operation Centre on 0300 555 1388. Email roads@hants.gov.uk.
5. The planning permission does not authorise the undertaking of any works within the highway (carriageway, footway or verge). Any works within the highway must be approved by S278 Agreement, details of which can be found at https://www.hants.gov.uk/transport/developers/constructionstandards.
6. The planning permission does not authorise any temporary road closure. Any TTRO within the highway must be approved by HCC, please contact temporary.road.closures@hants.gov.uk for further advice on the process.
7. The applicant is advised that the Council gives encouragement for large scale developments to support opportunities for securing quality employment, training, development and apprenticeship opportunities working with local employment/training agencies, to include the voluntary and private sector providers, educational establishments plus Hampshire County Council's 'Hampshire Futures' Team. Further information can be provided by contacting the Economy and Culture Officer (Skills and Employability) or at the Basingstoke and Deane Borough Council website at Improving your skills and training (basingstoke.gov.uk).
8. The Local Highway Authority have advised that no vehicle longer than 16.5 metres shall be permitted to access the site during the construction, operation, or decommissioning phases of the development.
9. It is recommended that the NatureSpace Best Practice Principles are considered and implemented where possible and appropriate.
10. It is recommended that the NatureSpace certificate is submitted to this planning authority at least 6 months prior to the intended commencement of any works on site.
11. It is essential to note that any works or activities whatsoever undertaken on site (including ground investigations, site preparatory works or ground clearance) prior to receipt of the written authorisation from the planning authority which permits the development to proceed under the District Licence (WML-OR134, or a 'Further Licence') are not licensed under the great crested newt District Licence. Any such works or activities have no legal protection under the great crested newt District Licence and if offences against great crested newts are thereby committed then criminal investigation and prosecution by the police may follow.
12. It is essential to note that any ground investigations, site preparatory works and ground / vegetation clearance works / activities (where not constituting development under the Town and Country Planning Act 1990) in a red zone site authorised under the District Licence but which fail to respect controls equivalent to those detailed in the planning condition above which refers to the NatureSpace great crested newt mitigation principles would give rise to separate criminal liability under the District Licence, requiring authorised developers to comply with the District Licence and (in certain cases) with the GCN Mitigation Principles (for which Natural England is the enforcing authority); and may also give rise to criminal liability under the Wildlife & Countryside Act 1981 (as amended) and/or the Conservation of Habitats and Species Regulations 2017 (as amended) (for which the Police would be the enforcing authority).
Item 2 – 24/01165/OUT: Outline planning application for the construction of 50 dwellings with all matters reserved except for access. Site: Bow Brook Farm Vyne Road Bramley Hampshire
The Committee considered the report set out on pages of 129 of 227 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application which was deferred from the Development Control Committee held on the 10th September for further consultation with the Highways Authority on a number of concerns.
Some Members expressed their disappointment that they did not have the opportunity to question Hampshire Highways at the Committee Meeting as Members had concerns over highway safety.
Whilst other Members highlighted that Hampshire Highways were the experts and had provided their comments to the further consultation which still resulted in no objections to the proposal.
It was noted that objections were received from consultees the Urban Design Officer, Landscape Officer and the Parish Council.
Councillor Durrant, Councillor K Watts and Councillor Gaskell stood down from the Committee for the application.
RESOLVED that: the application be APPROVED subject to the applicant entering into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010, Policies CN1, CN6, CN8, CN9 and EM4 of the Basingstoke and Deane Local Plan 2011-2029) and Policies H2, D1, and T2 of the Bramley Neighbourhood Development Plan 2011-2029 between the applicant and the Borough and County Councils to secure:
40% affordable housing Provision of on-site Multi Functional Green Space Provision of on-site equipped Play Landscape Management Plan Highways improvement works Travel plan
Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons.
On completion of the legal agreement the Head of Planning and Infrastructure be delegated to grant planning permission subject to the conditions listed below.
Conditions
1 The development herby permitted shall be carried out in accordance with the following approved plans:
8269/L01/B - Site Location Plan
8284/P01/S - Parameters Plan
ITB200632-GA-002 Rev C - Potential Pedestrian Improvements to Vyne Road
The above parameters plan is approved in so far as it relates to the proposed access only.
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun either before the expiration of 3 years from the date of this permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is later.
REASON: To comply with Section 92 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 Applications for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 92 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
4 Details of the appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.
REASON: To comply with Article 4 of the Town and Country Planning (General Development Procedure) Order 2015 (or any order revoking and re-enacting that Order) and in order to secure a satisfactory development and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011 - 2029.
5 No development above ground slab level shall commence until details of the types and colours of external materials and finishes to be used, including colour of mortar, together with samples (where appropriate), have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Details are required because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy D2 of the Bramley Neighbourhood Development Plan 2011-2029.
6 The reserved matters application(s) shall demonstrate refuse and recycling storage and collection facilities for all proposed dwellings. Such drawings shall show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter, retained and maintained, in accordance with the approved details. No part of the development shall be occupied until the refuse storage and collection facilities for it have been provided in full.
REASON: To ensure that the storage and collection of refuse does not harm highway safety or impact detrimentally upon the amenities of the site in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Appendix 3 of the Design and Sustainability Supplementary Planning Document (2018).
7 The reserved matters application(s) shall provide a Construction Statement detailing how the new dwellings shall meet a water efficiency standard of 110 litres or less per person per day. The development shall be carried out and maintained in accordance with the approved details.
REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029 and in the interests of preserving off site biodiversity and accordance with Policy EM4 of the Basingstoke and Deane Local Plan and section 15 of the National Planning Policy Framework (December 2024).
8 Applications for the approval of reserved matters shall be in accordance with Policies CN1 and CN3 of the Basingstoke and Deane Local Plan 2011-2029 with particular regard to the provision of an appropriate housing mix and 15% of affordable dwelling being built to lifetime mobility standards.
REASON: To ensure an appropriate co-ordinated high quality form of development and to accord with the National Planning Policy Framework (December 2024), Policies CN1, CN3, and CN4 of the Basingstoke and Deane Local Plan 2011-2029, Policy H2 of the Bramley Neighbourhood Plan 2011-2029 and the Housing Supplementary Planning Document (2018).
9 Application(s) for the approval of reserved matters shall demonstrate vehicle parking facilities and cycle parking provision, in accordance with the residential parking standards as set out in the Parking SPD (2018). Details drawings shall show the position, design, materials and finishes thereof. Development shall be carried out, and thereafter maintained, in accordance with the approved details.
REASON: Details are required because insufficient information has been submitted with the application in this regard, to ensure adequate parking provision in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and the Parking Supplementary Planning Document (2018).
10 Application(s) for the approval of reserved matters shall be supported by a statement of how the development will be of a high quality of sustainable design. This will include reference to how the layout, design and construction of the development will involve the efficient use of natural resources through: reducing resource requirements in terms of energy demands and water use; the consideration of opportunities for renewable and low carbon energy technologies; the use of passive solar design to maximise the use of the sun's energy for heating and facilitate sustainable cooling of buildings; and the mitigation of flooding, pollution and overheating.
REASON: To ensure an appropriate co-ordinated high quality form of development in accordance with policies CN1, CN3, CN5, CN6, CN9, EM1, EM4, EM5, EM10, EM11 and EM12 of the Basingstoke and Deane Local Plan 2011-2029, the Design and Sustainability Supplementary Planning Document (2018), Housing Supplementary Planning Document (2018), the Landscape, Biodiversity and Trees Supplementary Planning Document (2018), and the National Planning Policy Framework (December 2024).
11 Applications for the approval of reserved matters shall be accompanied by a measured survey has been undertaken and a plan prepared to a scale of not less than 1:500 showing details of existing and intended final ground levels and finished floor levels in relation to a nearby agreed datum point which shall be submitted and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
REASON: In the interests of the visual amenities of the area and to ensure suitable living environments are created which secure appropriate amenity for adjoining properties in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029. Details are required prior to the commencement of development to ensure that the proposed levels that are to be delivered are appropriate.
12 Application(s) for the approval of reserved matters shall be accompanied by full details of both hard and soft landscape works including ground levels or contours; means of enclosure and boundary treatments; parking layouts; vehicle and pedestrian access and circulation areas; location and design of play areas; hard surfacing materials; location and layout of allotments and minor artefacts and structure (e.g. furniture, refuse or other storage units, signs, lighting, external services).
Soft landscape details shall include planting plans with specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants noting species, plant sizes and proposed numbers/ densities where appropriate, a schedule of tree planting to include the specification of tree planting pits where appropriate with details of any irrigation or drainage infrastructure, tree root barriers (if necessary) to prevent damage or disruption to any proposed hard surfacing or underground services, drains or other infrastructure and details of the location of external lighting sufficient to demonstrate how lighting is to be achieved without conflict to proposed tree planting, with allowance for reasonable growth.
The hard and soft landscaping details shall be accompanied by an implementation programme.
All hard and soft landscape works shall be carried out in accordance with the approved details prior to the occupation of the relevant part of the development or in accordance with the timetable agreed with the Local Planning Authority which shall include appropriate planting to be undertaken at the earliest opportunity.
Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority.
The development shall be carried out and thereafter maintained in accordance with the details so approved, (and in accordance with the separate S106 Landscape Management Plan, to include detailed long term design objectives, management responsibilities and maintenance schedules for all landscape areas to address all operations to be carried out in order to allow successful establishment of planting and the long term maintenance of the landscaping in perpetuity, and including provisions for review at least every five years).
REASON: To ensure the provision, establishment and maintenance of a high standard of landscape in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029, the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).
13 No development shall take place until the applicant has secured the implementation of a programme of archaeological assessment in accordance with a Written Scheme of Investigation (WSI), that has been submitted to and approved in writing by the Local Planning Authority, in order to recognise, characterise and record any archaeological features and deposits that may exist there.
REASON: To assess the extent, nature and date of any archaeological deposits that might be present and the impact of the development upon these heritage assets, in accordance with the advice contained within the National Planning Policy Framework (December 2024) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029.
14 No development shall take place until the applicant has secured the implementation of a programme of archaeological mitigation of impact based on the results of the trial trenching, in accordance with a Written Scheme of Investigation, that has been submitted to and approved by the Planning Authority.
REASON: To mitigate the effect of the works associated with the development upon any heritage assets and to ensure that information regarding these heritage assets is preserved by record for future generations, in accordance with the advice contained within the National Planning Policy Framework (December 2024) and Policy EM11 of the Basingstoke and Deane Local Plan 2011-2029
15 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 carried out by a competent person 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 BS10175:2011;
and,
(b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as being appropriate by the desk study in accordance with BS10175:2011- Investigation of Potentially Contaminated Sites - Code of Practice;
and,
(c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed (including radon protection measures). The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 and if necessary proposals for future maintenance and monitoring.
Important note: Unless part (a) identifies significant contamination, it may transpire that part (a) is sufficient to satisfy this condition, meaning parts (b) and (c) need not be subsequently carried out. This would need to be agreed in writing by the Local Planning Authority.
If during any works contamination is encountered which has not been previously identified it should be reported immediately to the Local Planning Authority. The additional contamination shall be fully assessed and an appropriate remediation scheme, agreed in writing with the Local Planning Authority.
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Contamination Land Guidance at: https://www.gov.uk/contaminated-land, Last accessed October 2019.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
16 The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 15(c) that any remediation scheme required and approved under the provisions of condition 15(c) has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise;
· as built drawings of the implemented scheme;
· photographs of the remediation works in progress;
· Certificates demonstrating that imported and/or material left in situ is free of contamination.
Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 15(c), unless otherwise agreed in writing by the Local Planning Authority.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
17 Application(s) for the approval of reserved matters shall be accompanied by an Acoustic Design Statement in accordance with the guidance set out in the Council's Environmental Protection Guidance Note for Developers and Consultants: Noise Assessments and Reports for Planning Applications.
REASON: to demonstrate that the design of the development has followed good acoustic design principles in ensuring that internal noise levels are achieved with windows open as far as practicable possible and to mitigate the impact of noise on external amenity areas, in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
18 No development shall take place until a scheme for protecting the internal amenity spaces of proposed dwellings from external noise has been submitted to and approved in writing by the Local Planning Authority. Design and construction of the development shall ensure that the following noise criteria are met with windows open*:
1. bedrooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A), and an 8-hour LAeq (23:00 to 07:00) of 30dB(A), with individual noise events not exceeding 45dB LAFmax more than 10 times (23:00 to 07:00 hours)
2. living rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A)
3. dining rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 40dB(A)
* Where the above internal noise levels cannot be achieved with the Chartered Institute of Building Engineers (CIBSE) Environmental Design Guide 2021, or later replacement guidance shall be provided.
ii Does not compromise the façade insulation or the resulting internal noise level.
iii Operates at a level to comply with noise rating curve NR25 or lower.
REASON: In the interests of residential amenity, and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
19 No development shall take place until details of a scheme for protecting external amenity spaces (gardens, patios, larger balconies, roof gardens and terraces), from external noise has been submitted to, and approved in writing by the Local Planning Authority. The scheme shall ensure that, upon completion of the development, good acoustic design will be used to ensure external noise levels within external amenity spaces shall not exceed 55 dB LAeq,16hr (0700 - 2300).
REASON: In the interests of residential amenity, and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
20 No dwelling shall be occupied until all the measures against the noise levels as set in conditions 19 and 20 and as approved by the Local Planning Authority under conditions 19 and 20 above have been completed for the proposed development. All works which form part of the approved scheme shall be completed prior to first occupation. Installation certificates for specified attenuated or plenum windows and mechanical ventilation systems shall be provided to the Local Planning Authority prior to occupation.
The approved scheme for each phase shall be thereafter maintained, unless otherwise agreed in writing by the Local Planning Authority.
REASON: To ensure that acceptable noise levels within the dwellings and the curtilages of the dwellings are not exceeded in the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
21 No dwelling supplied with mechanical supply ventilation shall be occupied until a post completion noise survey has been undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the measures against the noise levels as set in condition 18.
If the noise levels set out in Condition 18 are exceeded, additional noise mitigation measures, (where necessary to ensure the appropriate noise levels can be met), shall be submitted to an approved in writing by the Local Authority and implemented in full prior to the first occupation of the development.
REASON: In the interests of residential amenity, and to ensure acceptable noise levels are not exceeded within the dwellings and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
22 No development shall take place until a site-specific Construction Environmental Management Plan has been submitted to and been approved in writing by the LPA. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting.
The plan should include, but not be limited to:
Procedures for maintaining good public relations including complaint management, public consultation and liaison;
Arrangements for liaison with the Council's Environmental Protection Team;
All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between Page 5 of 5 the following hours: 0730 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and; at no time on Sundays and Bank Holidays;
Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.
Mitigation measures as defined in BS 5528: Parts 1 and 2 : 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.
Procedures for emergency deviation of the agreed working hours;
An undertaking to require all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment;
Control measures for dust and other air-borne pollutants;
Measures for controlling the use of site lighting whether required for safe working or for security purposes; The approved plan shall be adhered to during the demolition/construction period of the development.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
23 Prior to the commencement of development, a detailed assessment of the potential impact of increased vehicle emissions on local and regional air quality shall be conducted in accordance with the 'Land-Use Planning & Development Control: Planning for Air Quality' guidance by the Institute of Air Quality Management shall be submitted to and approved in writing to the Local Planning Authority.
Should the assessment identify any significant adverse effects, appropriate mitigation measures shall be recommended. The development shall thereafter be carried out in accordance with the approved measures.
REASON: To minimise the impacts to air quality associated with the development and to protect the health and well-being of residents in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
24 No development shall take place, (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority.
The approved statement shall include scaled drawings illustrating the provision for:
1) The parking of site operatives and visitors vehicles.
2) Loading and unloading of plant and materials.
3) Management of construction traffic and access routes.
4) Storage of plant and materials used in constructing the development.
5) Wheel washing facilities.
REASON: In the interests of highway safety, to ensure convenience of arrangements for parking and turning of contractor and operative vehicles throughout construction of the development and to ensure that no obstruction is caused on the adjoining highway and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029
25 Before the development is brought into use, the means of vehicular access to the site shall be constructed in accordance with drawing 8284/P01/S - Parameters Plan and no structure, erection or planting exceeding 1.0m in height shall thereafter be placed within the visibility splays shown on the approved plans.
REASON: To ensure a suitable access and layout in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
26 Notwithstanding the details shown on the approved plans, the development shall not commence until a scheme of highway works on Vyne Road and Silchester Road as indicatively shown on drawing ITB200632-GA-002 Rev C - Potential Pedestrian Improvements to Vyne Road has been submitted to and approved in writing by the Local Planning Authority.
Before the development is brought into use the works shall be completed in accordance with the details shown on the approved plans and retained thereafter.
REASON: To ensure adequate access to the development in the interests of highway safety in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
27 No dwelling hereby permitted shall be occupied until:
1) the network reinforcement works necessary to accommodate the development are operational and the existence of sufficient sewage capacity is confirmed in writing to the local planning authority by the sewerage undertaker or;
2) An infrastructure phasing plan to ensure no exacerbation of sewage flooding in Bramley has been submitted to and agreed in writing with the local planning authority. The infrastructure phasing plan shall include details of the proposed infrastructure together with timescales for implementation, as well as trigger points for when any temporary measures may be brought into effect and details of what those temporary measures comprise.
REASON: It is necessary for further information to be submitted which ensures the proposal is provided with a satisfactory means of foul drainage where network reinforcement works are required to accommodate the proposed development and to minimise the risk of sewerage flooding in Bramley and to ensure the drainage infrastructure required for the development is fully considered and accommodated within the site in accordance with Policies CN6, EM6, EM7 and EM12 of the Basingstoke and Deane Local Plan 2011-2029, and the National Planning Policy Framework (December 2024).
28 No development shall commence until a detailed surface water drainage scheme for the site, based on the principles within the submitted drainage strategy, 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 drainage strategy.
b) Detailed drainage plans to include type, layout and dimensions of drainage features including references to link to the drainage calculations.
c) Detailed drainage calculations to demonstrate existing runoff rates are not exceeded and there is sufficient attenuation for storm events up to and including 1:100 + climate change.
d) Evidence that urban creep has been included within the calculations.
e) Confirmation that sufficient water quality measures have been included to satisfy the methodology in the Ciria SuDS Manual C753.
f) Exceedance plans demonstrating the flow paths and areas of ponding in the event of blockages or storms exceeding design criteria.
REASON: To prevent the increased risk of flooding, both on and off site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
29 Prior to the occupation of the development hereby permitted details for the long-term maintenance arrangements for the surface water drainage system as approved under the provisions of condition 29 shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include;
a. Maintenance schedules for each drainage feature type and ownership;
b. Details of protection measures
REASON: To ensure the ongoing efficient management of the approved drainage strategy to prevent the increased risk of flooding both on and off site in accordance with Policies EM6 and EM7 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
30 The construction of the approved access shall be carried out in accordance with the Tree Protection Measures outlined in the Arboricultural Implications Assessment and Method Statement produced by Eco urban Arboricultural (report Ref: 231591-AIA4 dated 15 April 2024).
REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (December 2024), policies, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).
31 Application(s) for the approval of reserved matters shall be supported by an updated Arboricultural Impact Assessment prepared in accordance with the BS5837:2012 "Trees in relation to design, demolition and construction" (or equivalent document if replaced), to reflect the final design and layout of the proposed development. The assessment shall be based upon a comprehensive survey of all the trees on and adjacent to the site and shall demonstrate which trees can be retained and which trees are to be removed. Development shall be carried out in accordance with the approved details.
REASON: To ensure that reasonable measures are taken to safeguard trees in the interests of local amenity and the enhancement of the development itself in accordance with the National Planning Policy Framework (December 2024), policies, EM1 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029 and the Landscape, Biodiversity and Trees Supplementary Planning Document (2018).
32 The development hereby approved shall be carried out in strict accordance with all proposed precautionary, protection and enhancement measures and procedures and further species survey recommendations contained within Section 5 of the supporting Preliminary Ecological Appraisal report (Urban Edge Environmental Consulting Ltd, May 2024) to address potential impacts on habitats and protected and notable species.
Where further species surveys are required, these shall be submitted to an approved in writing by the Local Planning Authority prior to the commencement of the development, in accordance with the timing's specified within the Preliminary Ecological Appraisal report.
REASON: To meet with the Conservation of Habitats and Species Regulation 2017 and the Wildlife and Countryside Act 1981 (as amended) in relation to protected and notable species, in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029.
33 Prior to the installation of any external lighting, an external lighting plan in line with recommendations contained within Section 5.2.2 of the Protected Species Report (Urban Edge Environmental Consulting Ltd, May 2024) and Bat Conservation Trust Guidance Note 08/23 shall be submitted to and approved in writing by the Local Planning Authority. Following approval, the development will be undertaken in line with approved plan.
REASON: To prevent impacts on bats protected under the Conservation of Habitats and Species Regulations 2017 and in accordance with Policy EM4 of the Basingstoke and Deane Local Plan 2011-2029 regarding prevention of adverse impacts on key species.
Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Basingstoke and Deane Borough Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.
Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.
Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.
1. The application for planning permission was made before 12 February 2024.
2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.
3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and
(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or
(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.
4. The permission which has been granted is for development which is exempt being:
4.1 Development which is not 'major development' (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:
i) the application for planning permission was made before 2 April 2024;
ii) planning permission is granted which has effect before 2 April 2024; or
iii) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).
4.2 Development below the de minimis threshold, meaning development which:
i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and
ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).
4.3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.
4.4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).
4.5 Self and Custom Build Development, meaning development which:
i) consists of no more than 9 dwellings;
ii) is carried out on a site which has an area no larger than 0.5 hectares; and
iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
4.5 Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.
* "original planning permission means the permission to which the section 73 planning permission relates" means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.
Irreplaceable habitat
If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.
The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.
The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission ("the earlier Biodiversity Gain Plan") there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
proactively offering a pre-application advice (in accordance with paragraphs 40-47);
seeking further information following receipt of the application;
considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 56-59).
In this instance:
the applicant was updated of any issues after the initial site visit and on recipet of consultee comments;
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 844844 or email gmsteam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.
5. The Council encourages all contractors to be 'Considerate Contractors' when working in the Borough by being aware of the needs of neighbours and the environment.
6. The development hereby approved results in the requirement to make payments to the Council as part of the Community Infrastructure Levy (CiL) procedure. A Liability Notice setting out further details and including the amount of CiL payable will be sent out separately with any subsequent Reserved Matters Approval following the receipt of CIL Form 2 (Assumption of Liability) (https://ecab.planningportal.co.uk/uploads/1app/forms/form_2_assumption_of_liability.pdf). You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the Council prior to the commencement of development. Failure to submit the Commencement Notice prior to the commencement of development will result in the loss of any exemptions claimed; the loss of any right to pay by instalments; and additional costs to you in the form of surcharges. You are advised to await acknowledgement of receipt of the Commencement Notice from the Charging Authority before commencing any works. Further details can be viewed at https://www.basingstoke.gov.uk/community-infrastructure-levy.
7. Whilst condition 1 lists the parameters plan as an approved drawing, the Applicant is reminded that this is only in so far as it relates to the proposed access and visibility splays. The reserved matters application would deal with the layout, landscaping, scale and appearance of the development and in accordance with the advice contained within this report, it is expected that there would alterations to the layout as currently illustrated within the parameters plan. For the purposes of this decision notice, the layout as shown on the parameters plan is for illustrative purposes only.
8. This Decision Notice must be read in conjunction with a Highways Agreement to be completed under the terms of Section 278 of the Highways Act 1980 (as amended). You are advised to satisfy yourself that you have all the relevant documentation prior to the commencement of development.
9. Before undertaking any work which affects a public highway you must obtain specific written approval from the Director of Economy, Transport and Environment at Hampshire County Council and enter into or secure any necessary legal agreements or consents to enable the works on a public highway to proceed. It is an offence to carry out unauthorised works on a public highway. This requirement applies not only to the creation of new vehicle accesses involving excavation within a footway, verge or carriageway but also to the stopping of existing access(es) or other works on or to the public highway. For further information, please contact highways.development.control@hants.gov.uk.
10. The applicant is reminded that the beneficial use of any viable minerals extracted on the site during the enabling or construction phases of the development is highly encouraged. Further advice can be sought in consultation with Hampshire County Council as the Minerals Planning Authority by contacting planning.policy@hants.gov.uk.
11. In respect of conditions 19 and 20 a good acoustic design process must be followed in accordance with the 'Professional Practice Guidance on Planning and Noise: New Residential Development' (May 2017 or later versions) to ensure that the noise criteria are achieved.
Any design measures that are used to control the ingress of noise must be consistent and compatible with the requirements of Building Regulations.
12. In respect of condition 22 the survey and reporting shall be undertaken in accordance with the following methodology:
Noise Survey Protocol
The acoustic testing shall seek to demonstrate compliance with the standards set out in condition 19. Tests must be carried out prior to the occupation of any dwellings within the development.
The plots for testing shall be agreed with the Environmental Health team and approved in writing by the Local Planning Authority in advance of the testing.
The acoustic testing will be undertaken in general accordance with the Association of Noise Consultants' publication "ANC Guidelines: Noise Measurement in Buildings: Part2: Noise from External Sources".
If the site is subject to a high level of construction noise during the daytime, then any affected periods shall be discounted from the analysis. In this event it would be possible to use historical noise graphs for the site to estimate the daytime noise levels in the absence of the construction noise to a reasonably high degree of accuracy.
Noise levels shall be monitored at a single location in each test room, with the measurement microphone positioned at a height of 1.2m above floor level and a distance at least 1.5m from any external wall/window.
The measuring equipment shall be "Type 1", as defined in BS EN 61672:2003.
The calibration of the measuring equipment shall be checked prior at the start of the survey using a hand-held calibrator compliant with BS EN 60942:2003 (IEC 60942:2003), Class 1. The calibration will be checked upon completion of the survey. o All measurement and calibration equipment shall hold current laboratory calibration certificates, traceable to national standards and measured at a UKAS approved laboratory.
The measurement instrumentation shall be configured to record the LAeq,T and LAmax,fast sound levels over consecutive 1 minute intervals. Contemporaneous measurements to a higher (1 second) resolution shall also be undertaken.
The equipment shall be installed for a period covering three weekday nights, to obtain representative information regarding any variation in night-time noise events.
Where noise measurements are undertaken in unfinished and unfurnished rooms, the reverberation time in the test room shall be measured in accordance with BS EN ISO 3382- 2; "Acoustics. Measurement of room acoustic parameters. Reverberation time in ordinary rooms". The measurement results shall be adjusted accordingly to account for the change in reverberation time between the tested condition and future reverberation time within the room when furnished.
All measurements shall be undertaken with windows closed and the Mechanical Ventilation with Heat Recovery (MVHR) whole house supply and extract system (installed in compliance with Condition [ ]) operating.
Reporting
The report shall present the following information:
date and time of measurements;
location: i.e. name of building, floor, room name or number; o description of noise source(s);
details of all equipment used, i.e. manufacturer and model, serial numbers; o results of calibration checks;
measurement positions;
description of the room finishes, etc. at the time of testing;
measured reverberation times, if relevant, and any correction used to adjust measured noise levels;
noise monitoring results;
an assessment of the measurement data and compliance with the technical requirements of Condition 19
recommendations for additional mitigation measures/repairs where the monitoring shows that the noise standards have not been complied with.
13. For the avoidance of doubt, whilst the Construction Management Plan (condition 25) should include provision of wheel washing facilities, the planning condition can only secure that these are provided, and available for use. Mud on the Highway, or damage to Highway verges, is not a matter that can be enforced by the Planning Authority through the Planning Acts. If any mud is deposited on the public highway despite these provisions (for any wheel washing facilities), this is a matter that would be addressed by the Highway Authority (Hampshire County Council) or the Police, through the Highways Act 1980 and the Road Traffic act 1988, including:
a. Highways Act 1980 Section 137 states: "If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence".
b. Highways Act 1980 Section 148 states: "If without lawful authority or excuse a person deposits anything whatsoever on a highway to the interruption of any user of the highway he is guilty of an offence.
c. Section 149 of the Highways Act 1980 states: "If anything is deposited on the highway so as to constitute a nuisance/danger the Highway Authority can require the person who put it there to remove it forthwith". Mud causes skidding and is therefore dangerous and a nuisance.
d. Highways Act 1980 Section 161 states: "If a person, without lawful authority or excuse, deposits anything whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence".
e. Furthermore, the Road Traffic Act 1988 covers situations where a mechanically propelled vehicle is driven dangerously on a road. Driving dangerously can include driving a vehicle in a state that could cause danger to others.
Punishment for these offences by the Highway Authority or the Police ranges from fines to imprisonment.
14. The applicant is reminded that, under the Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended), it is an offence to (amongst other things): deliberately capture, disturb, injure, or kill great crested newts; damage or destroy a breeding or resting place; intentionally or recklessly obstruct access to a resting or sheltering place. Planning permission for a development does not provide a defence against prosecution under this legislation. Should great crested newts be found at any stage of the development works, then all works should cease, and a professional and/or suitably qualified and experienced ecologist (or Natural England) should be contacted for advice on any special precautions before continuing, including the need for a licence.
15. In the interests of maximising pedestrian connectivity and permeability, the Local Planning Authority encourages the applicant to explore the potential for a pedestrian connection to the northern site boundary as part of the reserved matters stage.
Item 3 – 20/03593/RET: Change of use of land used as a farmyard manure store for use as storage for ground maintenance company. Site: Land At Brickletons Farm Clappers Farm Road Silchester Reading
The Committee considered the report set out on pages of 228 of 250 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and were in general support of the proposal.
Members favoured the condition included within the report to restrict the burning of materials on site.
RESOLVED that: the application be APPROVED
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan, Brickledons Farm dated 22nd December 2020
Site Plan, Brickledons Farm dated and received 9th May 2024
6 no. Containers (Elevations) - Drawing A 01 - Received 18th July 2025
6 no. Containers (Floor Plans) - Drawing A 02 - Received 18th July 2025
Lighting Plan, Brickledons Farm dated 17th July 2025 and received 18th July 2025
Cross Section of Bund received 9th May 2024
REASON: For the avoidance of doubt and in the interests of proper planning.
2 There shall be no burning on site associated with the operations of the ground maintenance company.
REASON: In the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
3 The use hereby approved, including operations on site and deliveries/collections to/from the site, shall take not take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.
REASON: In the interests of residential amenity and in accordance with Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029.
4 The proposed landscaping shall be carried out in accordance with the planting and management plan received by email by F.Hodge, Simmons And Sons Surveyors LLP dated 15th May 2024. The approved landscape scheme shall be planted in the next available planting season. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, details of which shall be agreed in writing by the Local Planning Authority before replacement occurs.
REASON: In the interests of the appearance of the site and the interests of visual amenity in accordance with Policy EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 The external lighting on site shall be retained in accordance with the permitted Lighting Plan dated 17th July 2025 and received 18th July 2025 and details contained within the email dated 28th July 2025 confirming the lights are 300W LED security lighting with PIR function. No additional external lighting shall be erected on site without prior permission from the Local Planning Authority through a separate application made for that purpose.
REASON: To prevent adverse impacts on the landscape, amenity and ecology in accordance with Policies EM1, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
Seeking further information following receipt of the application;
Considering the imposition of conditions
In this instance:
The applicant was updated of any issues after the initial site visit;
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/before-making-a-planning-application. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
Item 4 – 25/00091/RET: Erection/installation of freezer condenser units to roof (retrospective). Site: 20 Winchester Street Basingstoke Hampshire RG21 7DZ
The Committee considered the report set out on pages of 251 of 265 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
The Committee discussed the proposed application and supported the officer recommendation. They considered the works that had been carried out were visually intrusive and unsympathetic to the building and the setting of the Conservation Area.
It was also noticed that the drawings presented with the application did not reflect the cables that were currently on the building.
RESOLVED that: the application be REFUSED and ENFORCED for the following reasons:
Reasons for Refusal
1 The installation of refrigeration compressor units and associated ducting and cabling, by reason of their unsympathetic siting and visual prominence, causes less than substantial harm to the significance of the Basingstoke Town Centre Conservation Area (a designated heritage asset), the host building at 20 Winchester Street (a non-designated heritage asset), and the setting of adjacent listed buildings. No public benefits have been identified that would outweigh this harm, contrary to the requirements of Paragraphs 215 and 216 of the NPPF. This harm would also be extended to the visual amenities of the street scene and the wider area. As such, the development would be contrary to Policies EM10 and EM11 of the Basingstoke and Deane Local Plan 2011-2029, Section 16 of the National Planning Policy Framework (December 2024) and the Heritage Supplement Planning Document (March 2019).
2 Insufficient information has been provided to assess the impact of the fridge freezer compressor units on the amenities of neighbouring properties. Therefore, the proposal would be contrary to Policies EM10 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 and the National Planning Policy Framework (December 2024).
Enforcement
Enforcement action as defined in Section 171A of the Town and Country Planning Act 1990 (as amended), be initiated requiring:
· Removal of the fridge freezer compressor units from the roof of the building, together with the associated cabling/ducting.
· Period of compliance - 6 months
Reasons for enforcement/expediency (as set out above within A)
Informative(s):-
1. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 56-59).
In this instance:
the application was unacceptable as submitted and no further assistance was required.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
Item 5 – 25/00823/FUL: Erection of a detached self build dwelling and garage. Site: Land South Of 52 Pardown Oakley Hampshire
The Committee considered the report set out on pages of 266 of 304 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED subject to the conditions and informatives listed below.
Reasons for Approval
subject to the following conditions and informatives:-
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan (drawing no. P01 rev B)
Block Plan (drawing no. P03 rev B)
Proposed Site Plan (drawing no. P04 rev D)
Proposed Elevations (drawing no. P11 rev C)
Proposed Floor Plans (drawing no. P10 rev C)
Proposed Garage and Car Port (drawing no. P20 rev A)
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 No development shall commence above slab level on site until details of the types and colours of external materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, in the interests of the visual amenities of the area and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029.
4 No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 No deliveries of construction materials or plant and machinery and no removal of any spoil from the site, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public or bank holidays.
REASON: To protect the amenities of the occupiers of nearby properties during the construction period and in accordance Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
6 The development shall not be occupied until a Construction Statement detailing how the new home shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out in accordance with the approved details.
REASON: In the absence of such details being provided within the planning submission, details are required to ensure that the development delivers a level of sustainable water use in accordance with Policy EM9 of the Basingstoke and Deane Local Plan 2011-2029.
7 The parking area and garage hereby approved shall not be used for any purpose other than parking, loading and unloading of vehicles.
REASON: In the interests of highway safety and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
8 The development hereby permitted shall not be occupied or the approved use commence, whichever is the sooner, until the property has provision within its curtilage for refuse and recycling storage (prior to disposal) as shown on the approved plans. The surface materials from the carriageway to the waste container collection point shall be smooth and shall not hinder the movement of waste containers to the collection vehicle, have been provided for 1 number 240ltr refuse Wheelie bin, 1 number 240ltr recycling Wheelie bin and 1 number glass recycling box, and the areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling and shall be thereafter retained and maintained
REASON: In the interests of general amenity, to ensure convenience of arrangements for refuse and recycling storage and collection and to ensure that no obstruction is caused on the adjoining highway, in the interest of highway safety and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.
9 The development hereby permitted shall not be occupied until the property has provision within its curtilage for secure cycle parking facilities for 2 long and 1 short stay places with a transit route to and from the public highway as shown on the approved plans. The cycle storage shall thereafter be retained and maintained for such purposes.
REASON: To improve provision for cyclists and discourage the use of the private car wherever possible and in accordance with Policies CN9 and EM10 of the Basingstoke and Deane Local Plan 2011- 2029.
10 No development shall take place until confirmation has been submitted to and approved in writing by the Local Planning Authority which demonstrates that a mitigation package has been secured that addresses all of the additional nutrient input arising from the development and ensures that the additional nutrient loading will not have an adverse effect on the integrity of internationally protected Habitat Sites, having regard to the conservation objectives for those sites.
REASON: In the absence of accompanying the planning application, details are required to demonstrate that suitable mitigation has been secured to address the likely significant effects of nutrients generated from the development upon internationally protected sites in accordance with the Conservation of Habitats and Species Regulations 2017 and in accordance with the National Planning Policy Framework (2021) and Policy EM4 of the Basingstoke and Deane Borough Council 2011- 2029.
11 The development hereby approved shall be carried out in accordance with all proposed avoidance, mitigation and enhancement ecommendations and procedures contained within Section 3, Section 4, and Appendix 3 of the supporting Preliminary Ecological Appraisal (Wild Earth Ecology, March 2025) to address potential impacts on protected and notable species and habitats.
REASON: In order to mitigate impacts on protected species and in order to provide biodiversity net gains in line with Policy EM4 of the Basingstoke and Deane Borough Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029.
12 No development or other operations shall commence on site until an Arboricultural Method Statement (AMS), prepared in accordance with the British Standard "Trees in Relation to Design, Demolition and Construction to Construction - Recommendations" (BS 5837) (2012), has been submitted to and approved in writing by the Local Planning Authority. The AMS shall detail the location and specification for the protective fencing and ground protection of all retained trees and boundary hedges; identify areas for the storage and handling of building materials, a detailed specification for the utility and service installation along with any other measures, including special engineering solutions where necessary, required to safeguard trees. The AMS shall also outline measures to be taken to ensure that any tree work operations do not impact on protected species. The development shall be carried out in complete accordance with the approved AMS.
REASON: Details are required prior to commencement to ensure that reasonable measures are taken to safeguard protected/important landscape trees in the interests of the local amenities and the enhancement of the development in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
13 No development on each phase, including any demolition works, soil moving, temporary access construction and/or widening, or storage of materials shall commence on site until a detailed services layout has been submitted and approved in writing by the Local Planning Authority. All services shall be included including gas, electricity, foul and fresh water, drainage and telecommunications. If a particular service is not required, a statement shall be included to that effect. The layout shall respect landscape and wildlife protection and mitigation measures and in particular, ensure that its implementation does not require installation or future maintenance excavations to be made within protection zones. The development and/or other operations shall be carried out and thereafter maintained in complete accordance with the approved service layout.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to ensure the protection of identified tree, landscape and wildlife features/areas, in accordance with Policies EM1, EM4 and EM10 and of the Basingstoke and Deane Local Plan 2011-2029.
14 No development shall commence on site until full details of surface water drainage treatment shall be submitted to and approved in writing by the Local Planning Authority.
REASON: Details are required prior to commencement as insufficient detail was submitted within the application in this regard, in accordance with Policy EM7 of the Basingstoke and Deane Local Plan 2011-2029.
15 No development above slab level shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping which shall specify boundary treatments, hard surfaces, planting species, planting sizes, spacing and numbers of trees/shrubs to be planted (including replacement trees where appropriate). The works approved shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or when the use hereby permitted is commenced. In addition, a maintenance programme detailing all operations to be carried out in order to allow successful establishment of planting, shall be submitted to and approved in writing by the Local Planning Authority before development commences. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, to be agreed in writing by the Local Planning Authority.
REASON: Details are required prior to commencement above slab level because insufficient information has been submitted with the application in this regard, to improve the appearance of the site in the interests of visual amenity in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029.
16 The development shall be carried out and maintained in accordance with the Nitrate Assessment and Budget prepared by Aqua Callidus dated 4/3/2025.
REASON: To ensure that the site is maintained in accordance with such details and demonstrates that a Package Treatment Plant is required to secure effective mitigation in order to comply with Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.
17 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any Order revoking or re-enacting that Order with or without modification, the approved Package Treatment Plant shall not be replaced without the prior written approval of the Local Planning Authority.
REASON: To ensure that the site is maintained in accordance with the approved details which demonstrates that a Package Treatment Plant or other onsite wastewater treatment facility is required to secure effective mitigation in order to comply with Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.
18 The dwelling hereby approved shall not be connected to the mains for foul water drainage and disposal.
REASON: To ensure that the site is maintained in accordance with the approved details which demonstrates that a Package Treatment Plant or other onsite wastewater treatment facility is required to secure effective mitigation in order to comply with Policies EM4 and EM12 of the Basingstoke and Deane Local Plan 2011-2029 which seek to safeguard European protected sites and prevent pollution which poses unacceptable risks to the natural environment.
19 No development shall commence on site until a radon gas risk assessment has been submitted to and agreed by the Local Planning Authority. This should conclude whether a gas impermeable membrane needs to be installed into the buildings to protect the future occupants of the development. If a gas impermeable membrane is required then details of this should be submitted along with details of the ventilated sub-floor area. Particular attention to joins with any existing structures and seals around any services, should be submitted to and agreed in writing by the Local Planning Authority. Any services entering/leaving the structure shall be located above the gas impermeable membrane, and adequate seals will be provided to ensure the membrane is not breached. The works shall be undertaken in accordance with the approved details.
REASON: Details are required prior to commencement to ensure that adequate measures are taken to avoid the potential risk to future occupiers from natural gases arising from the ground in accordance with Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
20 No development shall take place, (including site preparation and any groundworks) until a site-specific Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall demonstrate the following:
how construction traffic will be managed along Pardown and the access into the site
where site operative vehicles will park
where storage of materials and machinery will be stored within the site
any biodiversity impacts arising from the construction phase of the development in relation to impacts on nearby Sites of Importance for Nature Conservation which includes Bulls Bushes Copse, Pardown Copse & Small Copse, and South Wood
The approved CEMP shall be adhered to throughout the construction period for that phase.
REASON: Details are required prior to commencement of the development to avoid impacts on the highway and biodiversity in accordance with Policies CN9, EM4 and EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 10 of the Oakley and Deane Neighbourhood Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
considering the imposition of conditions and or the completion of a s.106 legal agreement (in accordance with paragraphs 56-59).
In this instance:
the application was acceptable as submitted and no further assistance was required.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. The hedgerows on site should be retained however should these be removed and dormouse found, works must cease and Natural England must be contacted immediately.
5. It is noted that a cherry laurel hedge is along the southern site border. While this species is not currently listed within Schedule 9 of the Wildlife and Countryside Act, the hedge should be managed in a way to prevent the spread.
6. If this development will result in new postal addresses or changes in addresses, please contact the council's Street Naming and Numbering team on 01256 845557 and email GMSTeam@basingstoke.gov.uk to commence the process. Details can be found on the council's website.
7. In the event discoloured and/or odorous soils are encountered during foundations and other excavation works; or should any hazardous materials (including asbestos) or significant quantities of made ground be found, then all development works shall be stopped and the Local Planning Authority contacted immediately. A scheme of works to investigate the risks and / or the adoption of any required remedial measures be submitted to, agreed and approved in writing by the Local Planning Authority prior to the recommencement of development works.
Item 6 - 25/01519/HSE: Erection of a single storey rear extension with associated fenestration. Site: Hurstwood 2A Andover Road Oakley Hampshire
The Committee considered the report set out on pages of 305 of 330 of the agenda with the further material set out on the addendum sheet and other matters discussed at the meeting.
RESOLVED that: the application be APPROVED subject to the conditions and informatives listed below.
Conditions
1 The development hereby permitted shall be carried out in accordance with the following approved plans:
Site Location Plan - Drawing No.: A4/344/OS1 - Dated: October 2024 - Received 18th June 2025
Proposed Block Plan - Drawing No.: A4/344/11 - Dated: June 2025 - Received 18th June 2025
Details of Proposed Ground Floor Plan and Elevations - Drawing No.: A4/344/02 - Dated: October 2024 - Received 18th June 2025
REASON: For the avoidance of doubt and in the interests of proper planning.
2 The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990 and to prevent an accumulation of unimplemented planning permissions.
3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type, colour and texture to those on the existing building, the approved plans and the details within the submitted application form.
REASON: In the interests of visual amenity and in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029 and Policy 13 of the Oakley and Deane Neighbourhood Plan 2011-2029.
4 Protective measures, including fencing, ground protection, supervision, working procedures and special engineering solutions shall be carried out in accordance with the Arboricultural reports, Tree Survey, Arboricultural Impact Assessment, & Method Statement, Ref.: 242045/A2_AIA_Rev.A , dated July 2025 and Tree Survey Assessment, Ref.: 242131/A1, dated January 2025, as submitted by Indigo Surveys Ltd. Tree protection fencing and ground protection shall be erected prior to any site activity starting in compliance with Tree Protection Plan 242045/TPP/01 Rev.: A and maintained throughout the development. The development shall be carried out in complete accordance with the approved Method Statement.
REASON: To ensure that the trees to be retained are in a safe and healthy condition to the benefit of the local amenities and the enhancement of the development itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan 2011-2029.
5 Notwithstanding the provisions of Article 3 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 additional openings shall be inserted in the eastern or western side elevation of the extension hereby approved without the prior permission of the Local Planning Authority on an application made for the purpose.
REASON: To protect the amenity and privacy of the occupiers of adjoining property and in the interest of the amenities of the area in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
6 No vehicles, machinery, equipment, materials, spoil, scaffolding, or anything else associated with the works, use, or occupation of the development, shall be left on or near to Oakley Footpath 9b as to cause obstruction, hindrance, or a hazard to the public, who retain the right to use the Public Right of Way at all times.
REASON: To ensure that the footpath remains accessible to the public and in accordance with Policies EM10 and CN9 of the Basingstoke and Deane Local Plan 2011-2029.
7 No development shall commence until a proposed engineering solution to address the risk of tree-related foundation movement has been submitted to and approved in writing by the Local Planning Authority. This proposed engineering solution shall be supported by expert evidence, in the form of a structural engineer's report, that it is fit for purpose. The development shall be carried out and thereafter maintained in complete accordance with the approved engineering solution.
REASON: Details are required prior to commencement because insufficient information has been submitted with the application in this regard, to reduce the risk of future tree-related building damage, which could result in a requirement to remove, or heavily prune, trees and in accordance with Policy EM1 of the Basingstoke and Deane Local Plan 2011-2029.
Informative(s):-
1. 1.1 The applicant's attention is drawn to the fact that the above conditions (if any), must be complied with in full, failure to do so may result in enforcement action being instigated.
1.2 This permission may contain pre-commencement conditions which require specific matters to be submitted and approved in writing by the Local Planning Authority before a specified stage in the development occurs. This means that a lawful commencement of the approved development CANNOT be made until the particular requirements of the pre-commencement conditions have been met.
1.3 The applicant's attention is drawn to the fact that the Local Planning Authority has a period of up to eight weeks to determine details submitted in respect of a condition or limitation attached to a grant of planning permission. It is likely that in most cases the determination period will be shorter than eight weeks, however, the applicant is advised to schedule this time period into any programme of works. A fee will be required for requests for discharge of any consent, agreement, or approval required by a planning condition. A fee is payable for each submission made regardless of the number of conditions for which approval is sought. Details of the required fee can be found on our website - https://www.basingstoke.gov.uk/plan-app-process?chapter=81324#chapter81324 . Requests must be made using the standard application form (available online) or set out in writing clearly identifying the relevant planning application and condition(s) which they are seeking approval for.
2. In accordance with paragraph 39 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and creative manner:-
seeking further information following receipt of the application;
considering the imposition of conditions.
In this instance:
the applicant was updated of any issues after the initial site visit.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
3. The Borough Council declared a Climate Emergency during 2019 formally making this declaration at the meeting of Cabinet in September 2019. This recognises the need to take urgent action to reduce both the emissions of the Council's own activities as a service provider but also those of the wider borough. In this respect, the Council is working with consultants at present to identify appropriate actions to achieve the targets that have been set. Beyond the requirements of any conditions that may be applicable to this planning permission and the current planning policy framework, the applicant is encouraged to explore all opportunities for implementing the development in a way that minimises impact on climate change. Where this in itself might require separate permission applicants can contact the council for advice through the following link: https://www.basingstoke.gov.uk/plan-app-process. For information more generally on the Climate Emergency please visit: https://www.basingstoke.gov.uk/climateemergency.
4. Your application will determine whether the proposed works are acceptable in planning terms. Please be aware that this will not automatically override your responsibilities under other legislation and in particular your attention is drawn to the Wildlife and Countryside Act 1981 as amended, the Countryside and Rights of Way Act 2000 and the Conservation of Habitats and Species Regulations 2017. This legislation protects ALL wild birds, their nests (whether in use or being built) and eggs and other wild animals including bats and their roosts in or adjacent to trees, hedges and buildings. In simple terms, you should make sure that there are no wild birds nesting in or bats roosting in or adjacent to the trees, hedges and buildings that you are proposing to work on. It is a criminal offence to harm or destroy any bird, its nest or its eggs or any bat or its roost (even if the roost is not occupied at the time).
5. In the UK, all bat species and their roosts are protected under domestic and international law. Demolition and/or construction works should be carried out sensitively including soft stripping by hand of tiles and checking barge boards. Should signs of bats be located during works, then works should cease immediately and advice sought from a suitably qualified bat licensed ecologist in order to prevent any breach of legislation in relation to protection of bats and their roosts. Qualified ecologists can be found on the CIEEM registered directory.
6. The applicant is advised that the development affects a Public Right of Way and should be made aware of the following:
Nothing connected with the development or its future use should have an adverse effect on the right of way, which must remain available for public use at all times.
Any damage caused to the surface of the Public Right of Way by construction traffic will be required to be restored to the satisfaction of the Countryside Area Access Manager on the completion of the build.
There must be no surface alterations to a public Right of Way without the consent of Hampshire County Council as Highway Authority. To carry out any such works without this permission would constitute an offence under s131 Highways Act 1980.
No builders or contractor's vehicles, machinery, equipment, materials, spoil or anything associated with the works should be left on or near the public right of way so as to obstruct, hinder or provide a hazard to users. The public retain the right to use the public right of way at all times.
All vehicles accessing the site via a public right of way should give way to public users, which could include horse-riders and cyclists at all times.
Should the developer identify the need to temporarily close or adjust a PROW, they should follow the guidance on the Hampshire County Council website. This includes further information on the duties as a land owner and/or developer, found at Landowners guide to public rights of way | Hampshire County Council (hants.gov.uk).
7. Whilst it would appear from the application that the proposed development is to be entirely within the curtilage of the application site, care should be taken upon commencement and during the course of building operations to ensure that no part of the development, including the foundations, eaves and roof overhang will encroach on, under or over adjoining land without the consent of the adjoining land owner.
8. The development site has an overhead powerline crossing the site and he proposed extension would be in close proximity to a pole to which the powerline attaches. The applicant is advised to contact Scottish and Southern Electricity Network to ensure that appropriate safety precautions are adopted for new development in proximity to these live overhead lines, and to confirm whether there is a requirement for the pole to be re-located. Contact can be made at GE@ssen.co.uk or on 0800 0483516.
9. The applicant is advised to give consideration in the construction of the proposed extension to the need to avoid an interruption of the safe and free flow of traffic during the construction period. Construction works and deliveries should not take place before the hours of 07:30 nor after 18:00 Monday to Friday, before the hours of 08:00 nor after 1300 Saturdays nor on Sundays or recognised public holidays. All deliveries should be made within the application site itself.
6
Confirmation of Tree Preservation Order BDB/0728 Land Adjacent to The Purefoy Arms, Preston Candover, Basingstoke, Hampshire, RG25 2EJ
This report summarises the background behind the making of TPO/BDB/0728 and sets out the Council’s reasons and basis upon which it is considered that the order should be confirmed (i.e. made permanent).
Contact Officer: Aimee Hampton
Contact Officer: Aimee Hampton
Attachments:
- Document TPO BDB 0728 - Land Adjacent to The Purefoy Arms Final Report 26 Sep 2025
- Document TPO.0728 Appendix 1 - TPO Plan 26 Sep 2025
- Document TPO.0728 Appendix 2 - TPO Schedule of Trees 26 Sep 2025
Minutes
The Tree Officer introduced to the report which advised Members that following receipt of S211 notification T/00170/25/TCA for proposed works to trees protected by virtue of their location within a conservation area, the Council served Tree Preservation Order (TPO) TPO/BDB/0728. The Order was made to safeguard five individual trees and one group of trees in response to proposed felling and pruning.
The report summarised the background behind the making of TPO/BDB/0728 and set out the Council’s reasons and basis upon which it is considered that the order should be confirmed.
The Committee discussed the proposed TPO and acknowledged that the trees were in a Conservation Area and were subject to a notice of intent to seek permission for any remedial works.
After considering all the evidence presented and that the applicant would have to apply for permission regardless Members were content to confirm the TPO.
RESOLVED: Tree Preservation Order BDB/0728 be CONFIRMED.
The report summarised the background behind the making of TPO/BDB/0728 and set out the Council’s reasons and basis upon which it is considered that the order should be confirmed.
The Committee discussed the proposed TPO and acknowledged that the trees were in a Conservation Area and were subject to a notice of intent to seek permission for any remedial works.
After considering all the evidence presented and that the applicant would have to apply for permission regardless Members were content to confirm the TPO.
RESOLVED: Tree Preservation Order BDB/0728 be CONFIRMED.
7
Confirmation of tree Preservation Order BDB/0729 77 Reading Road, Chineham, Basingstoke, Hampshire, RG24 8LP
This report summarises the background behind the making of TPO/BDB/0729 and sets out the council’s reasons and basis upon which it is considered that the order should be confirmed and made permanent.
Contact Officer: Julian To
Contact Officer: Julian To
Attachments:
- Document TPO BDB 0729 - Land at 77 Reading Road Final Report 26 Sep 2025
- Document TPO.0729 Appendix 1 - TPO Plan 26 Sep 2025
- Document TPO.0729 Appendix 2 - TPO Schedule of Trees 26 Sep 2025
Minutes
The Tree Officer introduced to the report which advised Members that the council made a TPO to protect one Oak tree that was considered significant in the landscape and under evident threat.
The report summarised the background behind the making of TPO/BDB/0729 and set out the council’s reasons and basis upon which it was considered that the order should be confirmed and made permanent.
The Committee discussed the TPO and on the basis that necessary remedial work could be caried out by utility organisations or highways for safety reasons. Members were content to confirm the TPO.
RESOLVED: Tree Preservation Order BDB/0729 be CONFIRMED.
The report summarised the background behind the making of TPO/BDB/0729 and set out the council’s reasons and basis upon which it was considered that the order should be confirmed and made permanent.
The Committee discussed the TPO and on the basis that necessary remedial work could be caried out by utility organisations or highways for safety reasons. Members were content to confirm the TPO.
RESOLVED: Tree Preservation Order BDB/0729 be CONFIRMED.
8
Exclusion of press and public
To consider whether, in view of the nature of the remaining items on the agenda, any of them are likely to involve the disclosure of exempt or confidential information within the terms of Schedule 12A of the Local Government Act 1972
9
Confidential/ exempt items for information
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