Chief Executive Melbourne Barrett
Director of Borough Council Services and Returning Officer Karen Brimacombe
Director of Governance and Commissioning Laura Taylor
Chief Executive Melbourne Barrett
Director of Borough Council Services and Returning Officer Karen Brimacombe
Director of Governance and Commissioning Laura Taylor
Chief Executive Melbourne Barrett
Director of Borough Council Services and Returning Officer Karen Brimacombe
Director of Governance and Commissioning Laura Taylor
Chief Executive Melbourne Barrett
Director of Borough Council Services and Returning Officer Karen Brimacombe
Director of Governance and Commissioning Laura Taylor
Chief Executive Melbourne Barrett
Director of Borough Council Services and Returning Officer Karen Brimacombe
Director of Governance and Commissioning Laura Taylor
Chief Executive Melbourne Barrett
Director of Borough Council Services and Returning Officer Karen Brimacombe
Director of Governance and Commissioning Laura Taylor
Chief Executive Melbourne Barrett
Director of Borough Council Services and Returning Officer Karen Brimacombe
Director of Governance and Commissioning Laura Taylor
REF:21/00671/FUL
Mr GIAN BENDINELLI
THE PLANNING BUREAU LTD
C/O SOUTHERN HOUSE
1 EMBAKMENT WAY
RINGWOOD
BH24 1EU
NOTICE OF APPROVAL
Town & Country Planning Act 1990
Town & Country Planning (Development Management Procedure) (England) Order 2015
In pursuance of its powers under the abovementioned Act, the Council as Local Planning
Authority hereby GRANTS planning permission for the:
Proposal:
Erection of 42 retirement living apartments (Category II Type) with
communal facilities, landscaping and car parking. Erection of a Class A1
Retail store with 5 flats at first floor level, car parking and service layby
Location
42-46 New Road Tadley RG26 3AL
Applicant:
McCARTHY AND STONE RETIREMENT LIFESTYLES LTD
in accordance with your application, plans and particulars unless otherwise agreed in writing
with the Local Planning Authority, and with regard to the associated Legal Agreement, and
subject to compliance with the following conditions:
1 The development hereby permitted shall be carried out in accordance with the following
approved plans:
SO-2560-03-AC-00-B -Site Location Plan.pdf
SO-2560-03-AC-01-A Site Existing Topographical Survey.pdf
SO-2560-03-AC-7222-1- Site Plan Proposed GA.pdf
SO-2560-03-AC-7002-1 -Proposed Site Plan -RL and Retail.pdf
SO-2560-03-AC-100-C Retail_Proposed Floor Plans.pdf
SO-2560-03-AC-103-E Retail_Proposed Elevations.pdf
SO-2560-03-AC-7010-1 -RL_Ground Floor GA.pdf
SO-2560-03-AC-7011-1- RL_First Floor GA.pdf
SO-2560-03-AC-7012-1- RL Second Floor GA.pdf
SO-2560-03-AC-7013-1. RL Roof Plan GA.pdf
SO-2560-03-AC-15-A Proposed Site Sections.pdf
SO-2560-03-AC-7015-1- North Elevation Comparison.pdf
SO-2560-03-AC-7016-1-East Elevation Comparison.pdf
SO-2560-03-AC-7017-1-South Elevation Comparison.pdf
SO-2560-03-AC-7018-1 West Elevation Comparison.pdf
SO-2560-03-AC-84-B MSS Elevations.pdf
034.112.003A Site Access & Refuse Tracking
034.112.005 Proposed Layby and Visibility Assessment
2 of 9
SO-2560-03-DE-02 C Proposed Drainage Design Layout Plan.pdf
990KC XX YTREE TREE CONSTAINTS PLAN 01 REV 0.pdf
SO-2560-03-LA-02 E Landscape proposals.pdf
SO-2560-03-LA-03 C Detailed Planting plan Sheet 1of 3.pdf
SO-2560-03-LA-04 C Detailed Planting plan Sheet 2of 3.pdf
SO-2560-03-LA-05 B Detailed Planting plan Sheet 3of 3.pd
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 approved shall be carried out in strict accordance with the
Chapter 6 Mitigation and Chapter 7 Enhancements of the Phase 2 Bat Emergence
Survey by Abbas Ecology dated July 2018.
REASON: In order to meet with derogation test 3 of the Conservation of Habitats and
Species Regulations 2017, and also in accordance with the National Planning Policy
Framework (July 2021) and Policy EM4 of the Basingstoke and Deane Local Plan
2011-2029.
4 The development hereby approved shall be carried out in strict accordance with the
Construction Method Statement Plan by McCarthy & Stone (dated February 2020) as
approved under application reference 21/02300/CONDN on 19.11.2021.
REASON - To minimise the effect of the works on the amenity of the locality and in
accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
5 The development hereby approved shall be carried out in strict accordance with the
Tree Protection Plan (dwg ref: 9990-KC-XX-YTRES-TPP01 Rev 0) (dated 23.01.2020)
as approved under application reference 21/02300/CONDN on 19.11.2021.
The approved tree protection 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 Tree Protection Plan.
REASON: In the interests of local amenity and the enhancement of the development
itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane Local
Plan 2011-2029.
6 The development hereby approved shall be carried out in strict accordance with
Construction Phase Emergency Action Plan (Phase 1) (dated July 2021) as discharged
under application 21/02215/CONDN.
Following the occupation of the development hereby approved, the development shall
be maintained in accordance with the Retail Store Emergency Action Plan (Phase 2)
(dated July 2021), the Retirement Apartments Emergency Action Plan (Phase 2) (dated
July 2021) and the Apartments Over Retail Store Emergency Action Plan (Phase 2)
(dated July 2021) as discharged under application 21/02211/CONDN.
In accordance with the details discharged, the Emergency Action Plans shall be
reviewed on an ongoing basis, once every 12 months and submitted yearly on the 1st
April to Basingstoke and Deane Borough Council and West Berkshire Council
Emergency Planning Team. The development shall thereafter be maintained in
accordance with the details so approved.
REASON: In the interests of public safety in accordance with Policy SS7 of the
Basingstoke and Deane Local Plan 2011-2029.
3 of 9
7 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 Policy EM10 of the Basingstoke and Deane
Local Plan 2011-2029.
8 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 Policy EM10 of the Basingstoke and Deane
Local Plan 2011-2029.
9 The development hereby approved shall be carried out in strict accordance with the
Ground Condition Assessment (ref: 5006864-RDG-XX-ST-DOC-C-0002 Dated: 21
September 2018); Additional Ground Investigation Report prepared by Ridge and
Partners LLP (ref: 5006864-RDG-XX-ST-DOC-C-00AGI Dated: 18 September 2020);
Further Asbestos Sampling Covering Letter prepared by Ridge and Partners LLP
(Dated: 7 October 2021); Covering letter (Dated: 13 October 2021) as approved under
application reference 21/03216/CONDN on 02.11.2021.
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 Procedures for the
Management of Land Contamination, CLR11'.
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.
10 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 9 that any remediation scheme
required and approved under the provisions of condition 9 has been implemented fully
in accordance with the approved details. 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 9.
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 Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
4 of 9
11 The development hereby permitted shall not be occupied/brought into use until there
has been submitted to the Local Planning Authority verification that any identified
asbestos has been removed from the application site and disposed of by a licensed
asbestos contractor in accordance with the Control of Asbestos Regulations 2012.
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 Policy EM12 of the Basingstoke and Deane Local Plan 2011-2029.
12 The development hereby approved shall be carried out in strict accordance with the
details of the materials to be used for hard and paved surfacing, as approved under
application 21/03773/CONDN on 09.02.2022. For clarification the details approved are
as shown on the following drawings:
Landscape General Arrangement Sheet 1 of 3; dwg. no. MCS623/Drg 10 P10
Landscape General Arrangement Sheet 2 of 3; dwg. no. MCS623/Drg 11 P10
Landscape General Arrangement Sheet 3 of 3; dwg. no. MCS623/DRG 12 P10
The approved surfacing shall be completed before the adjoining buildings are first
occupied and thereafter maintained.
REASON: In the interests of visual amenity and in accordance with Policy EM10 of the
Basingstoke and Deane Local Plan 2011-2029.
13 The development hereby permitted shall be carried out in strict accordance with the
hard and soft landscaping details and the positions, design, materials and type of
screen walls/fences/hedges as approved under application 21/03773/CONDN on
04.02.2022. For clarification the details approved are as shown on the following
drawings:
Landscape General Arrangement combined - reduced scale; dwg. no. SO-2560-
04-LA - MCS623/ Drg19 Rev P10
Landscape General Arrangement (Sheet 1 of 3); dwg.no SO-2560-04-LA -
MCS623/ Drg 10 Rev P10
Landscape General Arrangement (Sheet 2 of 3); dwg no. SO-2560-04-LA -
MCS623/ Drg 11 Rev P10
Landscape General Arrangement (Sheet 3 of 3); dwg no. SO-2560-04-LA -
MCS623/ Drg 12 Rev P10
Detailed Planting Plan (Sheet 1 of 3); dwg. no. SO-2560-04-LA - MCS623/ Drg 15
Rev P7
Detailed Planting Plan (Sheet 2 of 3); dwg no. SO-2560-04-LA - MCS623/ Drg 16
Rev P7
Detailed Planting Plan (Sheet 3 of 3); dwg no. SO-2560-04-LA - MCS623/ Drg 17
Rev P7
The approved screen walls/fences shall be erected before the buildings hereby
approved are first occupied and shall subsequently be maintained.
All hard and soft landscape works shall be carried out in accordance with the approved
details prior to the occupation of any part of the development and shall be maintained in
accordance with the Landscape Management Plan and Maintenance Specification - V3
- updated 19-01-2022 (ref: MCS623 / ADFK / 19-01-2022 v3) as approved under
application 21/03773/CONDN on 04.02.2022.
5 of 9
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: In the interests of the amenities of the area and in accordance with Policy
EM10 of the Basingstoke and Deane Local Plan 2011-2029.
14 The development hereby approved shall be carried out in strict accordance with the
scheme for protecting the approved dwellings from plant noise associated with the
development as approved under application 21/03773/CONDN on 04.02.2022. For
clarification, the details approved are:
- Guarding Glass Acoustic Calculation;
- Environmental Noise Survey Rev 3 (dwg. no. REP-1012069-5A-TH-20220127)
- Lo-Carbon Sentinel Kinetic Advance Brochure
- Window Details - Brickwork (dwg. no. SO- 2560- 04- AC-1015- B)
All works which form part of the noise mitigation scheme shall be completed before the
dwellings hereby approved are occupied and thereafter retained.
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.
15 No dwelling 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 noise mitigation measures against the noise levels as set in
approved reports under condition 14. A method statement should be submitted to and
approved by the Local Planning Authority prior to the survey being undertaken. If the
noise levels approved under Condition 14 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 Planning Authority and
implemented in full prior to the first occupation of the relevant phase.
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.
16 A minimum of 15% of the properties shall be built to accessible and adaptable
standards to enable people to stay in their homes as their needs change. The
development hereby permitted shall be carried out in accordance with the details
approved under application 21/033773/CONDN on 09.02.2022 in this regard.
REASON: To ensure an appropriate high quality form of development and to accord
with Policies CN1 and CN3 of the Basingstoke and Deane Local Plan 2011-2029.
17 No development above ground floor slab level shall commence on site until details of
the height, design and materials to be used in the construction of the privacy screens to
the balconies of Units 27 and 28 has 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: 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.
6 of 9
18 The development hereby approved shall be carried out in strict accordance with the
Lighting Design as approved under application 22/00214/CONDN on 16.03.2022 and
thereafter maintained.
REASON: In the interests of the character and ecology of the area and to meet the
requirements under the Wildlife and Countryside Act 1981 and The Conservation of
Habitats and Species Regulations 2010 in accordance with Policy EM4 of the
Basingstoke and Deane Local Plan 2011-2029.
19 Prior to the first occupation of the development hereby approved the provision for the
parking of vehicles shown in the approved plans parking shall be constructed, laid and
marked out and shall thereafter be retained for the parking of vehicles.
REASON: To ensure adequate on site car parking provision for the approved
development is provided on site and in accordance with Policy CN9 of the Basingstoke
and Deane Local Plan 2011-2029.
20 The windows at first floor level on the western elevation to Units 27 and 28 shall be
non-opening and glazed with obscured glass, and shall be installed prior to the
occupation of these units. The windows shall remain non opening and obscured
glazed.
REASON: To protect the privacy of the adjacent property and to prevent overlooking,
in accordance with Policy EM10 of the Basingstoke and Deane Local Plan 2011-2029.
Notes to Applicant
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. The fee chargeable is £116 or £34 where the related permission was for
extending or altering a dwelling house or other development in the curtilage of a dwelling
house. A fee is payable for each submission made regardless of the number of
conditions for which approval is sought. 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.
7 of 9
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:-
- proactively offering a pre-application advice (in accordance with paragraphs 39 -
46);
- considering the imposition of conditions and or the completion of a s.106 legal
agreement (in accordance with paragraphs 55-58).
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 This Decision Notice must be read in conjunction with a Planning Obligation completed
under the terms of Section 106 of the Town and Country Planning Act 1990 (as
amended). You are advised to satisfy yourself that you have all the relevant
documentation.
4 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 .
5 The applicant is advised that this permission is only pursuant to the Town and Country
Planning Act 1990 and is advised to contact the Planning and Development Manager with
regard to the necessary consents applicable under the Building Regulations.
6 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
7 The applicants attention is drawn to the attached email from Thames Water dated 18th
March 2021.
9 of 9
NOTIFICATION - APPEALS TO THE SECRETARY OF STATE
21/00671/FUL
If you are aggrieved by the decision of your local planning authority to refuse permission for the
proposed development or to grant it subject to conditions, then you can appeal to the Secretary
of State under section 78 of the Town and Country Planning Act 1990.
If you want to appeal against the local planning authority’s decision then you must do so
within 6 months of the date of this notice.
However, if
(i) this is a decision on a planning application relating to the same or substantially the same
land and development and is already the subject of an enforcement notice, and you want to
appeal against your local planning authority’s decision on your application, then you must do so
within 28 days of the date of this notice; or,
(ii) an enforcement notice is subsequently served relating to the same or substantially the same
land and development as in your application and if you want to appeal against the local
planning authority’s decision on your application, then you must do so within:
28 days of the date of service of the enforcement notice, or
within 6 months of the date of this notice, whichever period expires earlier; or,
(iii) this is a decision to refuse planning permission for a minor commercial application you must
do so within 12 weeks of the date of this notice.
Appeals can be made online at: https://www.gov.uk/planning-inspectorate.
If you are unable to access the online appeal form, please contact the Planning Inspectorate to
obtain a paper copy of the appeal form on tel: 0303 444 5000.
The Secretary of State can allow a longer period for giving notice of an appeal, but he will not
normally be prepared to use this power unless there are special circumstances which excuse
the delay in giving notice of appeal.
The Secretary of State need not consider an appeal if it seems to him that the local planning
authority could not have granted planning permission for the proposed development or could
not have granted it without the conditions they imposed, having regard to the statutory
requirements, to the provisions of any development order and to any directions given under a
development order.
In practice, the Secretary of State does not refuse to consider appeals solely because the local
planning authority based their decision on a direction given by him.
If you intend to submit an appeal that you would like examined by inquiry then you must notify
the Local Planning Authority and Planning Inspectorate
([email protected]) at least 10 days before submitting the appeal.
Further details are on GOV.UK.
1
Jane Watson
From: [email protected]
Sent:
18 March 2021 13:01
To: DevelopmentControl
Subject:
3rd Party Planning Application - 21/00671/FUL
**** PLEASE NOTE: This message has originated from a source external to Basingstoke &
Deane Borough Council, and has been scanned for viruses. Basingstoke and Deane Borough
Council reserves the right to store and monitor e-mails ****
A/O Planning, Basingstoke & Deane Borough Council Our DTS Ref: 58930
Planning Environment & Transport Your Ref: 21/00671/FUL
Civic Offices, London Road
Basingstoke
Hampshire
RG21 4AH
18 March 2021
Dear Sir/Madam
Re: 42-46, NEW ROAD, TADLEY, HAMPSHIRE , RG26 3AL
Waste Comments
Thames Water recognises this catchment is subject to high infiltration flows during certain groundwater conditions.
The scale of the proposed development doesn’t materially affect the sewer network and as such we have no
objection, however care needs to be taken when designing new networks to ensure they don’t surcharge and cause
flooding. In the longer term Thames Water, along with other partners, are working on a strategy to reduce
groundwater entering the sewer networks.
Thames Water recognises this catchment is subject to high infiltration flows during certain groundwater conditions.
The developer should liaise with the LLFA to agree an appropriate sustainable surface water strategy following the
sequential approach before considering connection to the public sewer network. The scale of the proposed
development doesn’t materially affect the sewer network and as such we have no objection, however care needs to
be taken when designing new networks to ensure they don’t surcharge and cause flooding. In the longer term
Thames Water, along with other partners, are working on a strategy to reduce groundwater entering the sewer
network.
Thames Water would advise that with regard to SURFACE WATER network infrastructure capacity, we would not
have any objection to the above planning application, based on the information provided.
Water Comments
Following initial investigations, Thames Water has identified an inability of the existing water network infrastructure
to accommodate the needs of this development proposal. Thames Water have contacted the developer in an
attempt to agree a position on water networks but have been unable to do so in the time available and as such
Thames Water request that the following condition be added to any planning permission. No development shall be
occupied until confirmation has been provided that either:- all water network upgrades required to accommodate
the additional flows to serve the development have been completed; or - a development and infrastructure phasing
plan has been agreed with Thames Water to allow development to be occupied. Where a development and
infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed
2
housing and infrastructure phasing plan. Reason - The development may lead to no / low water pressure and
network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to
accommodate additional demand anticipated from the new development” The developer can request information
to support the discharge of this condition by visiting the Thames Water website at thameswater.co.uk/preplanning.
Should the Local Planning Authority consider the above recommendation inappro
priate or are unable to include it in
the decision notice, it is important that the Local Planning Authority liaises with Thames Water Development
Planning Department (telephone 0203 577 9998) prior to the planning application approval.
There are water mains crossing or close to your development. Thames Water do NOT permit the building over or
construction within 3m of water mains. If you're planning significant works near our mains (within 3m) we’ll need to
check that your development doesn’t reduce capacity, limit repair or maintenance activities during and after
construction, or inhibit the services we provide in any other way. The applicant is advised to read our guide working
near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-
development/Working-near-or-diverting-our-pipes
The proposed development is located within 15m of our underground water assets and as such we would like the
following informative attached to any approval granted. The proposed development is located within 15m of
Thames Waters underground assets, as such the development could cause the assets to fail if appropriate measures
are not taken. Please read our guide ‘working near our assets’ to ensure your workings are in line with the necessary
processes you need to follow if you’re considering working above or near our pipes or other structures.
https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-
diverting-our-pipes. Should you require further information please contact Thames Water. Email:
developer.services@thameswater.co.uk
Yours faithfully
Development Planning Department
Development Planning,
Thames Water,
Maple Lodge STW,
Denham Way,
Rickmansworth,
WD3 9SQ
Tel:020 3577 9998
Email: devcon.team@thameswater.co.uk
This is an automated email, please do not reply to the sender. If you wish to reply to this email, send to
devcon.team@thameswater.co.uk
Visit us online www.thameswater.co.uk , follow us on twitter www.twitter.com/thameswater or find us on
www.facebook.com/thameswater. We’re happy to help you 24/7.
Thames Water Limited (company number 2366623) and Thames Water Utilities Limited (company number 2366661)
are companies registered in England and Wales, both are registered at Clearwater Court, Vastern Road, Reading,
Berkshire RG1 8DB. This email is confidential and is intended only for the use of the person it was sent to. Any views
or opinions in this email are those of the author and don’t necessarily represent those of Thames Water Limited or
its subsidiaries. If you aren’t the intended recipient of this email, please don’t copy, use, forward or disclose its
contents to any other person – please destroy and delete the message and any attachments from your system.
Application
21/00671/FUL
Details of Application:
Full Planning Application
Erection of 42 retirement living apartments (Category II Type)
with communal facilities, landscaping and car parking. Erection
of a Class A1 Retail store with 5 flats at first floor level, car
parking and service layby
Date Registered 23 February 2021 (Subject to three year
condition)
Location:
Address:
42-46 New Road Tadley RG26 3AL
Ward:
Tadley & Pamber
Parish:
TADLEY CP
OS:
459915 161408
Applicant:
McCARTHY AND STONE RETIREMENT LIFESTYLES LTD
Case Officer:
Jemma Cox 01256 845304
RECOMMENDATION:
It is RECOMMENDED that the applicant be invited to enter into a legal agreement (in
accordance with the Community Infrastructure Levy Regulations 2010 and Policies CN1
and CN9 of the Basingstoke and Deane Local Plan 2011-2029 between the applicant and
the Borough and County Councils to secure:
• On site affordable housing;
• Traffic Regulation order
On completion of the legal agreement(s) planning permission is to be granted subject to the
conditions listed at the end of this report.
Planning Policy
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be
determined in accordance with the Development Plan unless material considerations indicate
otherwise. The Development Plan comprises the Basingstoke and Deane Local Plan 2011-
2029 which locates the application site within the Settlement Policy Boundary for Tadley and
is also located within the DEPZ.
National Planning Policy Framework (July 2021)
Section 2 (Achieving sustainable development)
Section 4 (Decision-making)
Section 5 (Delivering a sufficient supply of homes)
Section 7 (Ensuring the vitality of town centres)
Section 8 (Promoting healthy and safe communities)
Section 9 (Promoting sustainable transport)
Section 11 (Making effective use of land)
Section 12 (Achieving well-designed places)
Section 15 (Conserving and enhancing the natural environment)
National Planning Practice Guidance
Basingstoke and Deane Local Plan 2011-2029
The Basingstoke and Deane Local Plan 2011-2029 sets the Council's vision and strategy for
the area and will provide the basis for decisions on planning applications.
The main policies of the Local Plan relevant to this proposed development comprise:
Policy SD1 (Presumption on Favour of Sustainable Development)
Policy SS1 (Scale and Distribution of New Housing)
Policy SS7 (Nuclear Installations)
Policy CN1 (Affordable Housing)
Policy CN3 (Housing Mix for Market Housing)
Policy CN4 (Housing for Older People / Specialist Housing)
Policy CN6 (Infrastructure)
Policy CN9 (Transport)
Policy EM4 (Biodiversity, Geodiversity and Nature Conservation)
Policy EM5 (Green Infrastructure)
Policy EM9 (Sustainable Water Use)
Policy EM10 (Delivering High Quality Development)
Policy EM12 (Pollution)
Policy EP3 (Town, District and Local Centres)
Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning
guidance
Design and Sustainability SPD (2018)
Parking Standards SPD (2018)
Housing SPD (2018)
Landscape, Biodiversity and Trees SPD (2018)
Planning Obligations for Infrastructure SPD (March 2018)
Tadley Design Statement (2004)
Other material documents
The Community Infrastructure Levy (CIL) Regulations 2010 (as amended)
The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
Green Infrastructure Strategy (2018)
Description of Site
The application site was last occupied by a comparison goods retail premises (Reading
Warehouses) with a floor area of 2496m² located within a two storey building, with a pitched
and side gabled roof at the frontage and two storey and single storey flat roof buildings to the
rear. Although it is noted that the premises is currently vacant.
A vacant two storey building lies adjacent to the western boundary of the site. Access for
deliveries is taken to the eastern side of the site onto New Road to the south. The site is
bounded to the north, east and west by a mixture of post and wire and close boarded timber
fencing. To the south of the site is an area given over to the parking of customer's vehicles.
In terms of surrounding uses, there is a school to the north of the site, dwellings to the west,
a surgery to the east and dwellings to the south (Candover Close). The site is bounded by
New Road to the south.
Proposal
This application seeks permission for the demolition of the existing retail premises and
vacant building and the erection of a three storey block comprising of 42 retirement flats
(24no. 1 bed and 18no. 2 bed) with associated communal facilities, including a detached
mobility scooter garage, landscaping and car parking. The retirement flat block would be
located in the northern part of the site and would have its main entrance in the southern
elevation. The proposed flatted building would measure 65.7m in width, 34.4m in depth and
have hipped pitched roofs with flat roofed elements with a maximum height of 11.28m.
The central portion of the building would be 3 storeys with 2 storey wings to the east and
west.
Also proposed is a two storey building located in the south eastern part of the site
comprising a retail unit of 391m² floor space at ground floor level and 5 market flats at first
floor level (2no. 2 bed and 3no. 1 bed).
Access to the development would be taken from New Road in the south western corner of
the site with 26 in no. vehicle parking spaces provided for the retirement flats, 9 in no. for the
proposed market flats and 15 for the proposed retail unit.
Amended Plans
At the time of submission, the application was submitted concurrently with an appeal for
application reference 18/03146/FUL which was refused planning permission on 15.01.2021.
As initially submitted, the development proposals were for a duplicate scheme to that
considered under application reference 18/03146/FUL.
Throughout the course of the application, amended plans were received. The amendments
comprise:
• External changes to proposed roof lines, balconies and bays of the retirement living
block.
• Slight layout changes to the proposed parking area are also proposed.
Consultations
Tadley Town Council: "Object.
Pleased to see an affordable housing cascade mechanism but would like some
reassurances from Basingstoke & Deane Borough Council that the Registered Provider will
be one of the existing well established providers. Options 2 and 4 offer a commuted sum
which will be of little benefit to Tadley residents, there is a shortage of land for development
in Tadley and all the land that is available is privately owned and therefore won't be used for
affordable housing. Concerned as to how having 2 different organisations managing
properties on the site is going to work in practice.
We agree there is a need for smaller/retirement homes to allow residents to downsize,
however we are aware that McCarthy & Stone homes are aimed at the higher end of the
market and their properties would therefore probably be out of the reach of a lot of our
residents wanting to downsize. Looking on the McCarthy & Stone website, a development in
Alton is marketing 1 beds for £280000 and 2 beds for £385000 and a development in Didcot
is marketing 1 beds for £270000 and 2 beds for £299000. Those sorts of prices are more
likely to attract those living nearer to London wanting to downsize so of no benefit to our
residents.
Object to the height of the retirement building, this is out of keeping with the existing street
scene and therefore should be limited to 2 storeys. A 3 storey development also comprises
overdevelopment of the site. Concerned that a 3 storey building will overlook the adjacent
Bishopswood infant and junior schools. Children from the schools us the area right up to the
border with the site, concerned about safeguarding, suggest some sort of screening is
installed. Also concerned about the evacuation of elderly people from a 3 storey building in
an emergency situation, such as a fire, when lifts would be out of operation.
Note there is no parking barrier for the parking spaces allocated to the 5 flats above the retail
unit.
No consideration for how ambulances and delivery vehicles will enter the car park (that has a
barrier) for the retirement flats.
The proposal does not show any pedal or motor cycle parking for residents, staff and visitors.
In addition, there is no pick up or drop off facility for taxis, chemist deliveries or any other
deliveries.
Disappointed with the proposal for a Co-op on the site when there is a small independently
run convenience store nearby. The Co-op would almost certainly put the Koala store out of
business. It would be good to see some other retail development on the site which would
increase the diversity of shops in the town. The Statement of Community Involvement (page
11) raises this as an issue but it is not addressed adequately.
Local doctor's surgeries are already struggling to serve the residents of Tadley and adjoining
parishes, this development will undoubtedly put even more strain on the surgeries. The
Statement of Community Involvement (page 12) raises this as an issue but the response
addresses the impact on hospital accommodation and not the impact on local doctor's
surgeries. Morland Surgery which is adjacent to the site is currently not taking on any new
patients. Consideration in this respect also needs to be given to the planning approval
already given for 15/03090/FUL 120-bedroom care home at Bishopswood Golf Course. Note
that Tadley lost one of its dental surgeries in November 2018 so there is going to be a
shortfall in dental provision too.
Concerned that as there is no pedestrian crossing in New Road, elderly residents would
have difficultly crossing a very busy road.
The site is located within the AWE 3km exclusion zone.
Sad to see the closure of Reading Warehouse which has been a real asset to the town
saving residents a trip to Basingstoke, Newbury or Reading for white goods, furniture and
lots more."
Housing: No objection subject to agreement to secure affordable housing.
Thames Water: Waste: No objection. Water: No objection subject to condition.
Biodiversity: Additional information required.
Landscape: No objection.
Joint Waste Client Team: Amendments and additional information required.
HCC Highways: No objection subject to conditions and legal agreement to secure a Traffic
Regulation Order.
Urban Design: No objection.
Public Observations
Four letters of objection have been received on the application:
• The number of parking proposed is too low and does not provide for visitor parking
• Overspill of parking onto the highway will cause disruption to the free flow of traffic
• Proposed lay-by would cause obstruction when cars are using it
• No provision for delivery vehicles to the retail store
• No need for a further retail store in the area
• Highway is always very busy along this section of new road
• Many buses use this part of New Road for school children pick up and drop off
• Insufficient infrastructure to support the development
• Impacts on biodiversity
• Biodiversity information is not complete or comprehensive
Relevant Planning History
18/03146/FUL
Erection of 42 retirement living apartments
(Category II Type) with communal facilities,
landscaping and car parking. Erection of a
Class A1 Retail store with 5 flats at first floor
level, car parking and service layby
REF
Allowed
on
appeal
15.01.2021
25.06.2021
BDB/44450
Variation of conditions 1, 2 and 3 of
BDB36622
GTD
11.11.1999
BDB/36622
ERECTION OF ADDITIONAL SHOWROOM
WITH WAREHOUSE OVER
GTD
29.09.1994
BDB/15258
CHANGE OF USE OF FIRST FLOOR
FROM STORAGE TO RETAIL
REF
12.09.1983
Application 18/03146/FUL
The former application sought planning permission for the demolition of the existing retail
premises and vacant building and the erection of a three storey block comprising of 42
retirement flats (24no. 1 bed and 18no. 2 bed) with associated communal facilities, including
a detached mobility scooter garage, landscaping and car parking. Also proposed was a two
storey building located in the south eastern part of the site comprising a retail unit of 391m²
floor space at ground floor level and 5 market flats at first floor level (2no. 2 bed and 3no. 1
bed). Access to the development would have been taken from New Road in the south
western corner of the site with 26 in no. vehicle parking spaces provided for the retirement
flats, 9 in no. for the proposed market flats and 15 for the proposed retail unit.
The application was refused planning permission on the 15th January 2021 following debate
at the Development Control Committee for the following reason:
1. In the absence of any suitable legal agreement, or justification for the absence of a
legal agreement, the proposed development does not make adequate provision in
relation to Affordable Housing or for funding for a Traffic Regulation Order related to
the use of the layby to the front of the site. The proposed development is therefore
contrary to Sections 5 and Section 9 of the National Planning Policy Framework
(2019), Policies CN1 and CN9 of the Basingstoke and Deane Local Plan 2011-2029,
the guidance contained within Section 2 of the Housing Supplementary Planning
Document 2018 and the Community Infrastructure Levy Regulations 2010 (as
amended).
Development Control Committee - 11th September 2019
The Application was initially recommended for approval by Officers to the Development
Control Committee on 11th September 2019 subject to conditions and a legal agreement to
securing an offsite affordable housing contribution.
However, during debate, concerns were raised by Members that an off-site affordable
housing contribution would be difficult to spend in the area due to the Detailed Emergency
Planning Zone restriction within this part of the Borough. Concerns were also raised in
respect of accessible parking provision and the use of the proposed layby to the front of the
site. At the meeting, it was resolved to defer the application to enable Officers to discuss
alternative options in respect of affordable housing contributions and details on how the layby
would be used.
Development Control Committee - 6th November 2019
Following discussion with the Applicant, the Application was referred back to the
Development Control Committee on 6th November 2019 with a recommendation for approval
subject to conditions and legal agreement. This time, it was recommended that the affordable
housing be provided on site and this would be secured through a legal agreement.
At this meeting, the Committee considered the following three options to enable an on-site
provision for affordable housing:
• Option 1 - 5no. x Social Rented Units (45% of Market Value) plus reduced profit (6%
for the residential and 18.5% for the retail) Residual land value £940,237 i.e. Not
Viable as this is below the Benchmark Land Value of £1,080,000
• Option 2 - 5no. x Intermediate Unit (60% of Market Value) plus reduced profit (6% for
the residential and 18.5% for the retail) Residual land value £1,092,112 i.e. Viable as
it is marginal~ above the Benchmark Land Value
• Option 3 - 5no. x Market Discount (80% of Market Value) profit at 18.5% across both
Residual land value £1,186,912 i.e. Viable. This would also attract a commuted sum
of £100,000
Additional reporting to the Development Control Committee also indicated that a Traffic
Regulation Order could also be secured to restrict the use of the proposed layby if
considered appropriate and necessary by the Committee.
As set out within the Officers Report to the Committee the Housing Team confirmed that the
legal agreement should secure a cascade mechanism which would secure Option 2 first, and
if there is a lack of interest from the Registered Providers then it would cascade to Option 3.
The Committee resolved to approve the application on this basis with the minutes only
stating that on-site affordable housing be secured through the section 106 agreement.
The resolution to grant planning permission also included the addition of a legal obligation to
secure funding for a Traffic Regulation Order to restrict the use of the layby for the
loading/unloading for the proposed shop.
However, during subsequent dialogue with the Applicant following the resolution to grant
planning permission as set out above, the Applicant sought a further cascade option securing
the following:
• Option 4 - should no Registered Provider come forward for Option 2 and it is proven
that there is no demand for Option 3, then the applicant shall pay a commuted sum of
£202,326 prior to occupation of the market units
Whilst, at the time, it was asserted that Option 4 was made clear to Officers prior to the
November 2019 Development Control Committee, it was nevertheless not reported to the
Development Control Committee at the time. As such, Officers were of the opinion that
Option 4 did not form part of the resolution and that for it to be included, the application
would need to be referred back to the Development Control Committee.
Development Control Committee - 9th December 2020
The application was referred back to the Development Control Committee on 9th December
2020 seeking to vary the legal agreement (as previously resolved to approve during
November 2019 DCC) to secure the following:
• Option 1 - 5no. x Intermediate Unit (60% of Market Value)
• Option 2 - 5no. x Market Discount (80% of Market Value) and a commuted sum of
£100,000
• Option 3 - should Options 1 and 2 not be achievable, then the applicant shall pay a
commuted sum of £202,326
Officers recommended the above cascade approach for approval on the basis that it would,
as a first priority secure onsite affordable housing (under Options 1 and 2) and would only as
a third final option revert to an offsite contribution (if options 1 and 2 were not possible).
Without the final third option, there is potential that Options 1 and 2 are available but cannot
be met because no registered provider wishes to take the units or if there were no interest for
the discount market housing, then the a proportion of the development would be prevented
from being occupied. Not only would this be unacceptable to the developer but it would be
undesirable in terms of housing provision if units were left unoccupied.
Notwithstanding this, Members resolved to refuse the amendment, due to continued
concerns regarding the ability to identify affordable housing schemes in the Tadley area
where the total contribution could be spent given the restrictions on development associated
with the Detailed Emergency Planning Zone (DEPZ).
Accordingly the position reverted back to the original resolution of the November 2019
Development Control Committee, which was to grant planning permission subject to the
signing of a section 106 Agreement. As with all such resolutions these are worded such that
if a section 106 Agreement cannot be completed officers are delegated to refuse the
application on those grounds.
After DCC on 9 December 2020 the applicant's agent confirmed in writing that the applicant
would not complete a Section 106 Agreement without a third option of the cascade as it
would potentially result in the market elements of the scheme being left unoccupied in the
event of the other options not being fulfilled. Instead the intention to appeal a refusal of the
planning permission was expressed.
Given the narrowness of the issue that would form a reason for refusal (in essence this
single point on the options of how the affordable housing provision would be secured), the
resolution to grant planning permission and the council's current position in relation to not
being able to demonstrate a 5 year housing land supply, officers continued to engage with
the applicants agent as to whether there could be an alternative third option.
Development Control Committee - 13th January 2021
The discussions with the Agent following the December 2020 DCC resulted in the following
cascade of options being put to Development Control Committee in January 2021:
• Option 1 - 5no. x Intermediate Unit (60% of Market Value)
• Option 2 - should Option 1 not be achievable 5no. x Market Discount (80% of Market
Value) available to qualifying persons and a commuted sum of £100,000
• Option 3 - should Options 1 and 2 not be achievable, 5no. x Market Discount (80% of
Market Value) available to the market and a commuted sum of £100,000
This arrangement would allow for the discount market housing to be offered to the wider
market in the event that the council are not able to nominate qualifying persons under Option
2. As with Option 2 the discount element of 80% market value would remain for re-sales.
However, and notwithstanding Officers recommending approval, Members continued to raise
concerns with the proposed cascade arrangement in respect of affordable housing provision.
Whilst this cascade arrangement did not include a full off-site affordable housing contribution,
concerns were raised that the sale of discount market units on the open market would result
in units being purchased at 80% of market value but let out at full market rate, resulting in a
loss of affordable housing provision in the future.
The Development Control Committee resolved to refuse the suggested amendment to the
legal agreement. As such, the position reverted back to the original resolution of the
November 2019 Development Control Committee, which was to grant planning permission
subject to the signing of a section 106 Agreement. As with all such resolutions these are
worded such that if a section 106 Agreement cannot be completed officers are delegated to
refuse the application on those grounds.
The Agent confirmed that the applicant would not sign the Legal Agreement as resolved to
approve by the Development Control Committee in November 2019.
In the absence of a completed legal agreement to secure affordable housing, amongst other
matters, and in accordance with the committee resolution of 06/11/2019, the Application was
therefore refused.
Appeal
An appeal was subsequently submitted following the Council's refusal of planning
permission. The Appeal was accompanied by a draft unilateral undertaking seeking the
following cascade of options in relation to affordable housing:
• Option 1 - 5x Affordable Units transferred as Shared Equity Dwellings to a Registered
Provider for 60% of Open Market Value
• Option 2 - 5x Affordable Units transferred as Discounted Market Units to Qualifying
Purchaser introduced by the LPA at 80% Open Market Value plus an Affordable
Housing Commuted Sum of £100,000
• Option 3 - Any (or all) of the 5no. Discounted Market Units that remain unsold
following position 2 can be offered to any purchaser at 80% of Open Market Value.
• Option 4 - Any (or all) of the 5 units that remain unsold following option 3 are sold as
Open Market Units and an Affordable Housing Contribution in the maximum sum of
£202,326 is payable
The Inspector allowed the appeal on 25.06.2021. This permission remains extant and
constitutes a realistic fall-back position.
Assessment
Principle of development
Planning law requires that applications for planning permission must be determined in
accordance with the Development Plan, unless material considerations indicate otherwise. In
this case the Development Plan for the area is the Basingstoke and Deane Local Plan 2011-
2029. At a national level, the National Planning Policy Framework (NPPF) constitutes
guidance which the Local Planning Authority (LPA) must have regard to. The NPPF does not
change the statutory status of the Development Plan as the starting point for decision
making, but is a material consideration in any subsequent determination.
The site is located within the Tadley Settlement Policy Boundary (SPB), wherein the
principle of residential development is acceptable in accordance with Policy SS1 of the Local
Plan. Policy SS1 outlines that the borough's housing target will be met by permitted
development within defined SPB's which contribute to social, economic and environmental
wellbeing.
Policy CN4 of the Local Plan states that: Proposals for housing specifically designed to meet
the identified needs of older people or specialist accommodation (including for people with
support needs) will be permitted where:
i) they meet a proven identified need; and
ii) the location is appropriate in terms of access to facilities, services and public transport.
It is noted that this application seeks an alternative design scheme to that considered under
18/03146/FUL. In support of the application, the applicant carried out an appraisal of the
potential demand for specialist retirement housing using two alternative models, one of which
is driven by the scale of potential need from those who would benefit from a move to
specialised housing, the other looking at the propensity to move by age group. Both models
are methodologies recommended in "Housing in Later Life", with both methodologies
focusing on demand from existing households.
The applicant's supporting document in relation to housing demand and need states that
there is a shortage of specialist older persons' housing for sale in the borough. Depending on
the methodology used for estimating demand, demand for sheltered housing for sale and
shared equity is estimated to be in the range of between 818 and 909 units. There is also a
demand for Extra Care Housing for sale and shared ownership, estimated between 302 and
368.
At the ward level, within Tadley, the appraisal shows a potential demand for 138 units of
sheltered and 45 units of Extra Care housing for sale or shared equity using the RHG model
and 145 units of sheltered and 52 units of Extra Care housing using the CC model.
As such it is considered that the proposal meets the requirements of criteria i) of Policy CN4
of the Local Plan. Given the location of the site within the Tadley SPB and proximity to the
services, facilities and public transport therein it is considered that the proposal also accords
with criteria ii) of Policy CN4 of the Local Plan. Notwithstanding the above, it is
acknowledged that the previous scheme remains extant at this time. The principle of the
development has therefore been established.
Affordable housing
Local Plan Policy CN1 requires the provision of 40% affordable housing as part of new
residential development with a tenure split of 70% rented and 30% intermediate products on
all development proposals for one dwelling and above. The Housing Supplementary
Planning Document (July 2018) expands on Policy CN1 and Principle 2.2 states that
Affordable housing will be required in accordance with the site size thresholds set out in
national policy.
The NPPF which sets out that the 'provision of affordable housing should not be sought for
residential development that are not major development, other than in designated rural areas
(where policies may set out a low threshold of 5 units or fewer)' (para 64).
In instances were schemes do not meet these Policy requirements, an open book viability
assessment would need to be submitted for appraisal by an independent consultant. Such
proposals will only be acceptable where the viability case is accepted by the local planning
authority and the approach contributes towards creating mixed and balance communities.
During the course of the previous application, the Applicants open book viability assessment
was interrogated by an Independent consultant. They advised the Council that it would be
viable for the developer to provide an off-site contribution to the sum of £202,326. However
for the reasons discussed in more above, this was not acceptable to the Development
Control Committee. Alternative options including the provision of 5no. intermediate units
(60% of market value) or 5no. market discount units (80% of market value) along with a
commuted sum of £100,000 have also been proven to be viable.
In this instance, the Applicant proposes 5no. on site affordable housing and the application is
accompanied by a draft legal agreement, prepared by the Applicant, which reflects that of the
allowed appeal (as set out above). The Housing Officer has confirmed no objections to this
approach.
Therefore, subject to the completion of the agreement, the proposed development is
considered to provide sufficient levels of affordable housing in line with Policy CN1 of the
Local Plan.
Housing Mix
The proposed development would provide a total of 42 retirement apartments, 24no. 1 bed
and 18no. 2 bed, with 5 market flats (comprising 2no. 2 bed and 3no. 1 bed).
With regard to the proposed retirement apartments the applicant asserts that the scheme
provides a needs-based choice for residents to downsize and move to an age restricted form
of accommodation of like-minded people. Moreover, the applicant asserts that retirement
housing, such as that proposed, will help release existing under-occupied housing (i.e. family
houses that have become too large for small households) and thereby helps make better use
of the housing stock in general.
This is considered to be a reasonable argument in respect of the proposed retirement
apartments which justifies the mix of housing offered within this element of the proposal. As
such, it is considered that the proposal can be considered to be in accordance with Local
Plan Policy CN3 in this regard.
With regards to the 5 market flats, these would provide 1 and 2 bed units. Policy CN3 states
that mix of housing should include a range addressing local requirements, being appropriate
to the sites location and characteristics and appropriate to the character and density of the
area. In this instance the market flats would be located above the proposed convenience
store and are in an accessible location in relation to facilities and services.
In recognition that the Housing SPD highlights a need for smaller dwellings, no objection is
raised in relation to the proposed mix and the development is therefore considered to be in
accordance with Policy CN3 of the Local Plan.
In addition to housing mix, Policies CN1 and CN3 require provision of 15% of the provided
homes (both market and affordable) to comprise 'accessible and adaptable homes' to enable
people to stay in their homes as their needs change. Details in this regard have been
considered under application 21/03773/CONDN pursuant to condition 17 on the Inspectors
Decision. It is considered that the details previously approved can be reasonably tied to this
application (see condition 16) .
Impact on the character of the area/ design
- Retirement Apartment Block
The surrounding built form in the New Road area is predominantly one and two storey.
However, it is considered that there are a number of aspects of this proposal which allow a 3-
storey building to occupy this site without harm to the character of the area and streetscene.
These include, the location of the building at the rear of the site away from New Road, so the
perception of its height will be lessened from the surrounding public vantage points.
Secondly, the reduction in building height to 2-storey on its eastern and western ends where
it lies closer to existing residential areas would ensure that the impact of the central 3 storey
element on existing residential properties is limited.
The tree belt and school playing field to the north of the site limit public views of the
building from the north, which combined with the slight downwards slope of the site
towards its northern end where the proposed flats are proposed to be sited, would further
reduce the perceived bulk of the scheme.
The design of the proposed building is well articulated with a number of 2 and 3-storey
projections which serve to visually break up the massing of the building, as well as adding
visual interest. This approach is supported by the Urban Design officer.
It is considered that the proposed elevations of the retirement apartment block are
acceptable. The use of brick for the main walls and the pitched tiles roofs, help tie the
building into the character of the surrounding area, while the use of different coloured bricks
(red and buff detailing bricks) helps to break up the massing and enliven the appearance of
the building. Furthermore, the white framing (weatherboarding) around the main entrance to
the building provides legible focus for visitors and adds variety to the elevations. Sufficient
details have been submitted in relation to the types of bricks, tiles and windows proposed
and therefore no condition is required in this regard.
- Retail store and first floor flats
It is noted that this element of the scheme remains unaltered from that previously allowed at
appeal. That permission remains extant and is therefore a material consideration in the
determination of this application.
It is considered that the scale and siting of the proposed retail building with the five flats
above is appropriate to the site, with the siting broadly following the building line along New
Road and the 2-storey scale being in keeping with the surrounding area.
Furthermore, the visual interest of the elevations of this element of the proposal is
enlivened by the use of contrasting coloured bricks which will match those proposed for the
retirement flats.
The materials to be used in the construction of the retirement apartments and the retail store
and flats are specified on the plans submitted and are considered to be acceptable. The use
of these materials will be secured through the use of a condition requiring development be
constructed in accordance with the approved plans.
As such it is considered that the proposed development is acceptable in design,
streetscene and character terms and is in compliance with Local Plan Policy and EM10.
Natural Environment
- Biodiversity
The Council has a duty under the Natural Environment and Rural Communities Act 2006 to
have full regard to the purpose of conserving, restoring and enhancing biodiversity which
extends to being mindful of the legislation that considers protected species and their habitats
and to the impact of the development upon sites designated for their ecological interest.
These requirements are also reflected within the NPPF (paragraph 180) and Policy EM4 of
the Local Plan.
In support of the application the applicant has submitted a Preliminary Ecological Appraisal
and Phase 2 Bat Emergence Survey, which while addressing the whole site has focussed on
the derelict house to the southwest corner of the site. This survey found that whilst droppings
from Brown Long Eared bats which were found in the derelict house, indicated the presence
of bats due to the age of the droppings they indicate a historic night roost. During the dusk
survey only commuting and foraging bats were seen and heard but none were observed
leaving this property.
Due to the continued deterioration of the house the survey concludes that it is now in an
unfavourable condition for roosting bats. Parts of the property have become open to the
elements and a recent fire has caused extensive damage within the loft and second storey.
The Bat Survey suggest mitigation which requires a qualified ecologist to be present if the
demolition is to take place between May and September but outside of this no specialist
ecologist presence is necessary. The survey also suggests that if a lighting scheme is
proposed then this should be sympathetic to bats. Bat tiles and sparrow terraces are also
identified as being provided within the roofline of the retail unit.
On the basis of these reports, it is noted that the Biodiversity Officer raised no objection to
the previous application, subject to the adherence of the mitigation measures outline in the
Phase 2 Bat Survey.
Notwithstanding this, the Biodiversity Officer has, on this application, requested a biodiversity
metric demonstrating a biodiversity net gain of 10% or above, in line with the requirement of
Principle B7 of the Landscape, Biodiversity and Trees SPD (2018). No such information
accompanied the previous application and as stated above, the previous permission (allowed
at appeal) is extant.
Whilst the application submission lacks in the detail on biodiversity net gain, it is evident from
the plans submitted that soft landscaping is proposed, which would provided net gains for
biodiversity when considering the existing condition of the site. In this instance, the mix of
plant species is appropriate for the urban location of the site and despite the lack of native
plants, the ornamental species proposed are considered to be good for pollenating insects.
Therefore, whilst not demonstrating through a metric, it is considered that the scheme would
deliver a degree of biodiverse net gain which would comply with the requirements of Policy
EM4 of the Local Plan and the Landscape, Biodiversity and Trees SPD.
In light of the content of the submitted reports, a condition was imposed on the appeal
scheme, which required details of any lighting scheme to be approved (condition 19 on
18/03146/FUL). Details have been considered under 22/00214/CONDN and it is considered
reasonable that these details can be carried over to the current application (see condition
18).
- Landscape
The Landscape Officer has also confirmed that the landscaping proposals are acceptable,
however there are some planting areas within the proposed car park which may be
vulnerable to trampling over. Subsequently, hard and soft landscaping details have been
considered under application reference 21/03773/CONDN and are considered acceptable. A
condition is imposed to secure these details (see condition 13). The approved documents
also illustrate details of boundary treatments (as previously secured under condition 13). A
reworded condition (condition 13) is therefore recommended in place of conditions 13 and 14
as imposed by the Inspector. This would ensure that the development is carried out in
accordance with the landscaping details previously accepted.
- Trees
Policy EM1 of the Local Plan requires that development proposals must respect, enhance
and not be detrimental to the character or visual amenity of the landscape likely to be
affected, paying particular regard to b) the visual amenity and scenic quality and e) trees,
ancient woodland and hedgerows.
It is noted that no comments have been received from the Tree Officer on the current
application.
However, on the previous application, the Tree Officer raised concern that the development
could not be carried out without an impact upon trees within, or adjacent to the site. Given
that the trees are not subject of Tree Preservation Orders or within a Conservation Area, they
are not protected trees. However, it is acknowledged that some of the trees within the
northern boundary shared with Bishopswood School do offer a verdant backdrop in glimpsed
views when the existing site is viewed from New Road.
However, it is considered that, given the height and scale of the proposed retirement
apartment building and the limited views of the existing trees from within the public realm, the
trees do not represent a significant barrier to the development of the site, nonetheless in the
interest of preserving the amenity to the site that the trees offer it is considered reasonable to
impose a tree protection condition to detail how the existing trees would be protected from
loss or damage during the construction phase. Details in this regard have been considered
under application 21/02300/CONDN. It is considered reasonable that these details are
carried over to the current application (see condition 5).
Residential Amenity
- Impact on existing residents
There are windows and balconies on the western elevation of the proposed apartment
building (which is two storey in this location) at first floor level (Plots 27 and 28), which look
towards the rear of the properties on Reginald Close to the west. These windows are
approximately 18m from the rear of the adjoining properties to the west, which is
acknowledged to be slightly less than the back to back distance of 20m required by Principle
RA6 of the Design and Sustainability SPD for 2-storey dwellings. However, these west facing
windows are small, secondary windows within these rooms and the distance of 18m is only
slightly less than the standard of 20m. In light of their secondary nature it is considered
acceptable to obscure glaze these first floor windows to plots 27 and 28 only (see condition
20). It is noted that on the amended plans, these are marked to be obscured glazed and
fixed shut.
As stated previously, the proposed flats which are in closest proximity to existing
residential dwellings are located on the western side and are within the two storey
element. The flats at first floor are Units 27 and 28 and each have a small balcony area,
accessed off the living room. Any potential overlooking from these balconies can be
prevented by a screen, and this is as is annotated on the submitted first floor plans. The
height and detail of these screens will therefore be secured by the use of an appropriate
condition (see condition 17). Whilst details have previously been considered under
application 21/02300/CONDN, it is considered that the design changes proposed (compared
with 18/03146/FUL) would have implications for the type of screens proposed. As such, this
condition is to be re-imposed on the current application.
Due to the position of the proposed flats set back from the existing dwellings on the
western boundary, there would be no adverse impact in respect of overbearing or loss of
light.
No. 50 New Road (a bungalow) is adjacent to the southwest corner, where currently there is
a two storey boarded up building in close proximity to the boundary. The proposals would
remove this building, replacing it with a 2.5m wide landscaping strip adjacent to parking. The
proposed retail store would be over 26m to the east of no. 50 and the retirement flats to the
north of the site would be over 40m from no. 50 New Road. Due to these relationships the
proposals would not adversely affect the amenity of this dwelling.
Although a reconfiguration of roof lines, bays, windows and balconies are proposed within
the eastern elevation of the retirement building are proposed (amended plans), the overall
impact on neighbouring amenity is considered to remain largely unchanged from the extant,
fall back position.
- Impact on new residents
In respect of residential amenity of future residents, the frequent use of private, small
amenity areas immediately outside the ground floor flats and the use of balconies for the flats
at first and second floor level is considered acceptable.
It is considered that there would be adequate levels of daylight and sunlight for the
proposed flats. The northern arm of the retirement apartment building lies close to the tree
belt along the northern boundary. However, it is noted that any north facing windows in this
part of the building are only secondary windows and so adequate levels of natural light would
be available through the easterly or westerly facing windows.
New residents would also benefit from the landscaped area around the retirement block
which is easily accessible, with a residents lounge terrace area proposed to the front and a
more private garden area with seating to the rear.
Highways, Access and Parking
The application is supported by a Transport Statement, which describes the site as being
well connected for pedestrians to nearby local facilities and the Highway Officer confirms that
in this regard the Transport Statement is considered to be reasonably accurate. The site is in
close proximity to local amenities within Tadley and the majority of these are on Mulford's
Hill. As part of this development a retail unit is proposed, and there is an existing pharmacy
to the south east corner of the site. Furthermore, the site benefits from a regular bus service
that is accessible within a 5 minute walk from the site.
Footpaths in the vicinity are roughly 1.8m in width which is sufficient for pedestrian use.
There are two refuge islands within 50m and 250m north of the site and these have dropped
kerbs and tactile paving.
Whilst there are no dedicated cycle paths in the surrounding area road speeds are limited to
30mph which is considered fairly safe in terms of on road cycling. It is recognised that it is
unlikely many residents will utilise cycling as a primary mode of travel.
An update to the existing site access is proposed and this would take the form of a 6m wide
bell mouth junction with a 6m radii to accommodate a refuse vehicle. New Road is subject to
a 30mph speed limit. ATC survey results indicate 85th percentile speeds of 35mph in each
direction. The submission demonstrates that visibility splays of 2.4m x 53.6m are achievable
from the proposed site access point and this is considered to be acceptable.
With regard to vehicle parking, 50 car parking spaces are proposed as part of the
proposals. This includes 26 bays (including two accessible spaces) for the retirement home
(separated by a low wall and railing and gates), 9 for the flats above the retail unit (including
one visitor space and one accessible space), and 15 for the retail unit (including one
accessible space). The spaces for the retail unit would be located to the western side of the
proposed retail unit. It is noted that the accessible space is to be located in close proximity to
the front of the store. The proposed number of parking spaces meets the standards in terms
of quantum and dimensions and is therefore compliant with Policy CN9 of the Local Plan and
the Parking SPD (July 2018).
The supporting Highways Note, states that in relation to electric charging points whilst no
specific spaces are allocated as electric charging points, ducting will be installed in select
bays should there be demand in the future. The Parking SPD states that parking areas
should be designed so that charging infrastructure can be retrofitted at a later date with
minimal disruption, and in light of the applicant's supporting information in this regard the
proposals are considered acceptable.
The existing and proposed development traffic generation has been calculated based on trip
rates taken from the TRICS database. A comparison of the existing and proposed
development traffic generation predicts that the proposed development would generate 6
fewer trips during the weekday AM peak hour, and an additional 24 trips during the weekday
PM peak hour. This increase in trips is unlikely to have a material impact on the operation of
the local highway network.
Vehicle swept path analysis has been provided which demonstrates that a refuse vehicle can
enter, turn, and exit the site in a forward gear. There are no concerns with servicing of the
retail unit taking place via the proposed layby on New Road.
The HCC Highways Officer has also confirmed that the retail unit would be serviced from the
layby on New Road which is highway land. A Traffic Regulation Order is recommended to be
secured through the legal agreement and this will also need to be subject to a s.278
agreement.
Waste and recycling storage
Concerns have been raised by the Joint Waste Client Team due to the location of waste
storage provision being located within the buildings, underneath proposed flats. Concerns
are that these layouts tend to result in complaints by residents. Concerns have also been
raised on the location of proposed collection points, where they have been indicated within
the site. This would require refuse vehicles to enter the site and there are concerns on the
practicalities of this when the car park is in use.
Notwithstanding these concerns, it is acknowledged that these arrangements remain largely
unaltered from the previous extant scheme. Overall, it is therefore considered that a reason
for refusal on these grounds would be difficult to substantiate.
Public Safety
Policy SS7 of the Local Plan requires that development in the land use planning
consultation zones (DEPZ) surrounding AWE Aldermaston be managed in the interests of
public safety. The policy stipulates the development will only [officer emphasis] be permitted
where the Off Site Nuclear Emergency Plan can accommodate the needs of the population in
the event of an emergency. The production of the Off Site Plan is a statutory requirement of
the Radiation Emergency Preparedness and Public Information Regulations 2001 and sets
out the contingency arrangements for a multi-agency response should a radiation emergency
occur at AWE and pose a hazard to the public outside the site boundary. The NPPF
additionally stipulates that decision-taking processes should promote public safety and
minimise impacts upon human health, and in particular ensure that new development is
appropriate for its location.
The site is located within the DEPZ area of AWE Aldermaston positioned approximately
1490m from the AWE site boundary and is within Sector H - as the most densely populated
sector. This location determines that the site is more likely to be subject to urgent evacuation
in the event of an emergency as well as having an increased requirement for short, medium
and potentially long term accommodation, which could also include meeting the needs of
vulnerable people.
No comments have been received on the current application from the Office of Nuclear
Regulation (ONR), or the emergency planners at West Berkshire Council or Hampshire
County Council. It is however noted that comments were received on the previous, extant
scheme.
Whilst ONR (Office of Nuclear Regulation) advised against the application, this was on the
basis "unless the emergency planners at West Berkshire Council… are consulted with regard
to this application and that they subsequently provide written confirmation that, in their
opinion, the proposed development can be accommodated within their existing offsite
emergency planning arrangements (or an amended version of it)." The West Berkshire
Council Emergency Planning Officer (WBCEP) subsequently raised no objection to the
proposal subject to the imposition of a condition which secures the provision of an outline
Emergency Plan to be submitted and approved the Local Planning Authority. This was
secured through the Appeal. This Emergency Plan seeks to address how the occupiers of
the site will respond and manage the situation should there be a radiation emergency at
AWE Aldermaston. The imposed condition would further require that the site should not be
occupied until a detailed Emergency Plan has been developed, submitted and approved and
that the Emergency Plan should be kept up-to-date, reviewed and amended as necessary.
It is noted that the condition imposed on the appeal has since been subject to a 'deemed
discharge notice' under applications 21/02211/CONDN and 21/02215/CONDN. This resulted
due to comments from the emergency planners at West Berkshire and Hampshire County
Council being delayed. It is acknowledged that when comments were received, they
requested amendments to the submitted information. Nevertheless, as these comments were
received too late, the conditions have been discharged. This is an extant position. It is
therefore considered that a condition could reasonably be imposed to secure that the
development is carried out and occupied in line with the previously submitted information
(see condition 6). Although not acceptable to the emergency planners in its submitted form,
as extant, it is considered that it would be difficult to substantiate a reason for refusal in this
regard. The wording of the condition requires that the emergency plan is regularly reviewed
in any event.
Retail Impact
Objections received in relation to this scheme have raised the impact of the proposed retail
element of the proposal upon other local retailers, and in particular one local convenience
store close to the site. It must also be noted that it is not the role of the planning system to
intervene in the operation of the market through the deterring of competition.
Policy EP3 of the Local plan seeks the submission of a Retail Impact Assessment where new
retail floor space exceeding 250 square metres is proposed.
It is noted that Policy EP3 specifically addresses "new" retail proposals and their impact on
the vitality of defined centres. The proposed development would in fact result in a different
form of retail development to that which currently occupies the site. Currently the retail
warehouse has a floor area of 2,496 square metres and occupies the site with no restriction
upon the nature of the retail use at the site. The proposed store is also retail but has a floor
area of 391 square metres. A reduction in overall retail floor space of 2,105 square metres.
As such, it is considered reasonable to conclude that in terms of potential impact, a
smaller retail use will not have any impact on the vitality of a defined centre. As such, it is
considered that it is not reasonable to require a retail impact assessment in this particular
circumstance.
Concern was also expressed that the retail use of the proposed store was not what was
required within the area surrounding the site, with a number of alternative retail and service
outlets suggested as alternatives. However, an application for planning permission must be
assessed based upon the proposal submitted with regard to the relevant material
considerations. In this instance it is considered that a retail outlet of 391 square metres is
acceptable and that a reason for the refusal of this application based upon the concerns
expressed would be unreasonable.
Community Infrastructure Requirements
The Local Plan and the accompanying Planning Obligations for Infrastructure SPD (2018)
seeks to ensure that development does not result in an adverse effect on existing
infrastructure, and makes appropriate provision to mitigate documented impacts. It is
therefore common to anticipate that development would by way of Obligation (legal
agreement) make appropriate provision/improvements in line with the advice provided within
the NPPF. As previously indicated with respect to affordable housing, the Local Planning
Authority recommends that a legal agreement is secured to deliver on-site affordable
housing. Further obligations are also proposed in respect of a Traffic Regulation Order for
the use of the proposed lay-by.
Basingstoke and Deane Borough Council implemented its Community Infrastructure Levy
(CIL) on the 25th June 2018. The required forms have been submitted for CIL
contributions to be calculated if applicable. The retirement living element on its own would
attract a £0 charge, as would the non-residential element (the retail unit). The residential
element of the scheme is wholly flatted and are therefore nil rated.
Other Matters
Representations have raised concerns with regard to the proposed development and its
impact upon the capacity of the adjacent medical practice. The Care Quality Commission
(CQC), which is the body responsible for the regulation of GP services, was consulted upon
receipt of this application. Whilst no comments were received on the former application,
comments have been received on the current application. Nevertheless, these comments
only acknowledged that in the absence of registration for services, they are unable to
comment on the application. No evidence has been provided that there is not sufficient
capacity in the local area to accommodate this development. As such it is considered that
any reason for the refusal of this application based upon the capacity of local GP services
would be unreasonable and could not be sustained at appeal. Furthermore, the extant
permission is a material consideration to be taken into account.
Thames Water have requested a prior to occupation condition that water network upgrades
have been completed prior to occupation, or a development an infrastructure phasing plan to
be agreed with Thames Water prior to occupation. Such a condition would not meet the
tests and would rely on a third party completing the works. An informative will be added
instead ringing Thames Waters comments to the applicants attention.
Conditions
It is noted that the previous permission is extant following the Inspector allowing the appeal.
This permission was subject to several conditions, some of which are pre-commencement
conditions. Since the Appeal decision, several of these conditions have already been
discharged by the Applicant. Where relevant, it is considered reasonable that the details
already approved are carried over to this permission, which would then not require the
submission of further details by the Applicant. However, the amendments to the proposed
scheme do have to be taken into account. Where the amendments proposed conflict with the
details that have already been approved, the conditions will need to be re-imposed (for
example see condition 17).
It is noted that some conditions have been requested by Consultees which have not been
included. However, in this instance, it is not considered reasonable to impose conditions
which were not imposed on the scheme allowed on Appeal by the Inspector. The scale of the
development remains largely unaltered from the previous extant scheme.
Planning Balance and conclusions
The proposed development would provide 42 retirement apartments, 5 market flats and 391
square metres of A1 retail floor space, with associated parking and landscaping. The
proposed development would also deliver housing for older people in response to an
identified need. It is considered that the layout, design scale and materials to be used are
acceptable and that the proposal would not have a detrimental impact in terms of the
biodiversity interests of the site or upon the amenities of neighbours. It is considered that the
proposal would not have a detrimental impact on local retail provision and it is noted that the
role of the
planning system is not to mitigate against competition in the market. Furthermore it is
considered that the proposal would not have a detrimental impact upon the operation of the
AWE Emergency Plan, subject to suitable conditions.
In addition a thorough assessment of the financial viability of the scheme has been
undertaken and, as a result, it has been determined that the scheme can support the
provision of on site Affordable Housing, which will be secured through legal agreement.
As such it is considered that the proposal represents sustainable development in
accordance with the National Planning Policy Framework and is in compliance with the
relevant Policies of the Basingstoke and Deane Local Plan 2011-20029 and the relevant
guidance and SPD's.
Conditions
1 The development hereby permitted shall be carried out in accordance with the
following approved plans:
SO-2560-03-AC-7000-1 -Site Location Plan.pdf
SO-2560-03-AC-01-A Site Existing Topographical Survey.pdf
SO-2560-03-AC-7222-1- Site Plan Proposed GA.pdf
SO-2560-03-AC-7002-1 -Proposed Site Plan -RL and Retail.pdf
SO-2560-03-AC-100-C Retail_Proposed Floor Plans.pdf
SO-2560-03-AC-103-E Retail_Proposed Elevations.pdf
SO-2560-03-AC-7010-- 1 -RL_Ground Floor GA.pdf
SO-2560-03-AC-7011-1- RL_First Floor GA.pdf
SO-2560-03-AC-7012-1- RL Second Floor GA.pdf
SO-2560-03-AC-7013-1. RL Roof Plan GA.pdf
SO-2560-03-AC-15-A Proposed Site Sections.pdf
SO-2560-03-AC-7015-1- North Elevation Comparison.pdf
SO-2560-03-AC-7016-1-East Elevation Comparison.pdf
SO-2560-03-AC-7017-1-South Elevation Comparison.pdf
SO-2560-03-AC-7018-1 West Elevation Comparison.pdf
SO-2560-03-AC-84-B MSS Elevations.pdf
034.112.003A Site Access & Refuse Tracking
034.112.005 Proposed Layby and Visibility Assessment
SO-2560-03-DE-02 C Proposed Drainage Design Layout Plan.pdf
990KC XX YTREE TREE CONSTAINTS PLAN 01 REV 0.pdf
SO-2560-03-LA-02 E Landscape proposals.pdf
SO-2560-03-LA-03 C Detailed Planting plan Sheet 1of 3.pdf
SO-2560-03-LA-04 C Detailed Planting plan Sheet 2of 3.pdf
SO-2560-03-LA-05 B Detailed Planting plan Sheet 3of 3.pd
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 approved shall be carried out in strict accordance with the
Chapter 6 Mitigation and Chapter 7 Enhancements of the Phase 2 Bat Emergence
Survey by Abbas Ecology dated July 2018.
REASON: In order to meet with derogation test 3 of the Conservation of Habitats and
Species Regulations 2017, and also in accordance with the National Planning Policy
Framework (July 2021) and Policy EM4 of the Basingstoke and Deane Local Plan
2011-2029.
4 The development hereby approved shall be carried out in strict accordance with the
Construction Method Statement Plan by McCarthy & Stone (dated February 2020) as
approved under application reference 21/02300/CONDN on 19.11.2021.
REASON - To minimise the effect of the works on the amenity of the locality and in
accordance with Policy CN9 of the Basingstoke and Deane Local Plan 2011-2029.
5 The development hereby approved shall be carried out in strict accordance with the
Tree Protection Plan (dwg ref: 9990-KC-XX-YTRES-TPP01 Rev 0) (dated
23.01.2020) as approved under application reference 21/02300/CONDN on
19.11.2021.
The approved tree protection 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 Tree
Protection Plan.
REASON: In the interests of local amenity and the enhancement of the development
itself, in accordance with Policies EM1 and EM10 of the Basingstoke and Deane
Local Plan 2011-2029.
6 The development hereby approved shall be carried out in strict accordance with
Construction Phase Emergency Action Plan (Phase 1) (dated July 2021) as
discharged under application 21/02215/CONDN.
Following the occupation of the development hereby approved, the development
shall be maintained in accordance with the Retail Store Emergency Action Plan
(Phase 2) (dated July 2021), the Retirement Apartments Emergency Action Plan
(Phase 2) (dated July 2021) and the Apartments Over Retail Store Emergency Action
Plan (Phase 2) (dated July 2021) as discharged under application 21/02211/CONDN.
In accordance with the details discharged, the Emergency Action Plans shall be
reviewed on an ongoing basis, once every 12 months and submitted yearly on the
1st April to Basingstoke and Deane Borough Council and West Berkshire Council
Emergency Planning Team. The development shall thereafter be maintained in
accordance with the details so approved.
REASON: In the interests of public safety in accordance with Policy SS7 of the
Basingstoke and Deane Local Plan 2011-2029.
7 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 Policy EM10 of the Basingstoke and Deane
Local Plan 2011-2029.
8 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 Policy EM10 of the Basingstoke and Deane
Local Plan 2011-2029.
9 The development hereby approved shall be carried out in strict accordance with the
Ground Condition Assessment (ref: 5006864-RDG-XX-ST-DOC-C-0002 Dated: 21
September 2018); Additional Ground Investigation Report prepared by Ridge and
Partners LLP (ref: 5006864-RDG-XX-ST-DOC-C-00AGI Dated: 18 September 2020);
Further Asbestos Sampling Covering Letter prepared by Ridge and Partners LLP
(Dated: 7 October 2021); Covering letter (Dated: 13 October 2021) as approved
under application reference 21/03216/CONDN on 02.11.2021.
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 Procedures for the
Management of Land Contamination, CLR11'.
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.
10 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 9 that any remediation scheme
required and approved under the provisions of condition 9 has been implemented
fully in accordance with the approved details. 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 9.
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 Policy EM12 of the Basingstoke and Deane Local Plan
2011-2029.
11 The development hereby permitted shall not be occupied/brought into use until there
has been submitted to the local planning authority verification that any identified
asbestos has been removed from the application site and disposed of by a licensed
asbestos contractor in accordance with the Control of Asbestos Regulations 2012.
REASON: 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 Policy EM12 of the Basingstoke and Deane Local Plan
2011-2029.
12 The development hereby approved shall be carried out in strict accordance with the
details of the materials to be used for hard and paved surfacing, as approved under
application 21/03773/CONDN on 09.02.2022. For clarification the details approved
are as shown on the following drawings:
- Landscape General Arrangement Sheet 1 of 3; dwg. no. MCS623/Drg 10 P10
- Landscape General Arrangement Sheet 2 of 3; dwg. no. MCS623/Drg 11 P10
- Landscape General Arrangement Sheet 3 of 3; dwg. no. MCS623/DRG 12 P10
The approved surfacing shall be completed before the adjoining buildings are first
occupied and thereafter maintained.
REASON: In the interests of visual amenity and in accordance with Policy EM10 of
the Basingstoke and Deane Local Plan 2011-2029.
13 The development hereby permitted shall be carried out in strict accordance with the
hard and soft landscaping details and the positions, design, materials and type of
screen walls/fences/hedges as approved under application 21/03773/CONDN on
04.02.2022. For clarification the details approved are as shown on the following
drawings:
o Landscape General Arrangement combined - reduced scale; dwg. no. SO-
2560-04-LA - MCS623/ Drg19 Rev P10
o Landscape General Arrangement (Sheet 1 of 3); dwg.no SO-2560-04-LA -
MCS623/ Drg 10 Rev P10
o Landscape General Arrangement (Sheet 2 of 3); dwg no. SO-2560-04-LA -
MCS623/ Drg 11 Rev P10
o Landscape General Arrangement (Sheet 3 of 3); dwg no. SO-2560-04-LA -
MCS623/ Drg 12 Rev P10
o Detailed Planting Plan (Sheet 1 of 3); dwg. no. SO-2560-04-LA - MCS623/
Drg 15 Rev P7
o Detailed Planting Plan (Sheet 2 of 3); dwg no. SO-2560-04-LA - MCS623/ Drg
16 Rev P7
o Detailed Planting Plan (Sheet 3 of 3); dwg no. SO-2560-04-LA - MCS623/ Drg
17 Rev P7
The approved screen walls/fences shall be erected before the buildings hereby
approved are first occupied and shall subsequently be maintained.
All hard and soft landscape works shall be carried out in accordance with the
approved details prior to the occupation of any part of the development and shall be
maintained in accordance with the Landscape Management Plan and Maintenance
Specification - V3 - updated 19-01-2022 (ref: MCS623 / ADFK / 19-01-2022 v3) as
approved under application 21/03773/CONDN on 04.02.2022.
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: In the interests of the amenities of the area and in accordance with Policy
EM10 of the Basingstoke and Deane Local Plan 2011-2029.
14 The development hereby approved shall be carried out in strict accordance with the
scheme for protecting the approved dwellings from plant noise associated with the
development as approved under application 21/03773/CONDN on 04.02.2022. For
clarification, the details approved are:
- Guarding Glass Acoustic Calculation;
- Environmental Noise Survey Rev 3 (dwg. no. REP-1012069-5A-TH-20220127)
- Lo-Carbon Sentinel Kinetic Advance Brochure
- Window Details - Brickwork (dwg. no. SO- 2560- 04- AC-1015- B)
All works which form part of the noise mitigation scheme shall be completed before
the dwellings hereby approved are occupied and thereafter retained.
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.
15 No dwelling 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 noise mitigation measures against the noise levels as set
in approved reports under condition 14. A method statement should be submitted to
and approved by the Local Planning Authority prior to the survey being undertaken. If
the noise levels approved under Condition 14 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 relevant phase.
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.
16 A minimum of 15% of the properties shall be built to accessible and adaptable
standards to enable people to stay in their homes as their needs change. The
development hereby permitted shall be carried out in accordance with the details
approved under application 21/033773/CONDN on 09.02.2022 in this regard.
REASON: To ensure an appropriate high quality form of development and to
accord with Policies CN1 and CN3 of the Basingstoke and Deane Local Plan 2011-
2029.
17 No development above ground floor slab level shall commence on site until details of
the height, design and materials to be used in the construction of the privacy screens
to the balconies of Units 27 and 28 has 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: 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.
18 The development hereby approved shall be carried out in strict accordance with the
Lighting Design as approved under application 22/00214/CONDN on 16.03.2022 and
thereafter maintained.
REASON: In the interests of the character and ecology of the area and to meet the
requirements under the Wildlife and Countryside Act 1981 and The Conservation of
Habitats and Species Regulations 2010 in accordance with Policy EM4 of the
Basingstoke and Deane Local Plan 2011-2029.
19 Prior to the first occupation of the development hereby approved the provision for the
parking of vehicles shown in the approved plans parking shall be constructed, laid
and marked out and shall thereafter be retained for the parking of vehicles.
REASON: To ensure adequate on site car parking provision for the approved
development is provided on site and in accordance with Policy CN9 of the
Basingstoke and Deane Local Plan 2011-2029.
20 The windows at first floor level on the western elevation to Units 27 and 28 shall be
non-opening and glazed with obscured glass, and shall be installed prior to the
occupation of these units. The windows shall remain non opening and obscured
glazed.
REASON: To protect the privacy of the adjacent property and to prevent
overlooking, in accordance with Policy 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. The fee chargeable is £116 or £34 where the related permission was for
extending or altering a dwelling house or other development in the curtilage of a
dwelling house. A fee is payable for each submission made regardless of the number
of conditions for which approval is sought. 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:-
proactively offering a pre-application advice (in accordance with paragraphs 39 - 46);
considering the imposition of conditions and or the completion of a s.106 legal
agreement (in accordance with paragraphs 55-58).*
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. This Decision Notice must be read in conjunction with a Planning Obligation completed
under the terms of Section 106 of the Town and Country Planning Act 1990 (as
amended). You are advised to satisfy yourself that you have all the relevant
documentation.
4. 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.
5. The applicant is advised that this permission is only pursuant to the Town and Country
Planning Act 1990 and is advised to contact the Planning and Development Manager
with regard to the necessary consents applicable under the Building Regulations.
6. 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
7. The applicants attention is drawn to the attached email from Thames Water dated 18th
March 2021.
N/A – Pre commencement conditions
Y CIL checked CIL Liable Y
Signed: JC
Name: Jemma Cox Case officer
Date: 25.05.2022
Y CIL checked
Signed: SMT
Name: Sue Tarvit APM
Date: 06/10/2022
AWE Planning Consultation Considerations - 18/03146
Consideration
Details
Notes
Planning Application No
18/03146
Site Location:
42 - 46 New Road Tadley
Hampshire RG26 3AL
Description of development:
Erection of 42 retirement living
apartments (Category II Type) with
communal facilities, landscaping
and car parking.
Erection of a Class A1 Retail store
with 5 flats at first floor level, car
parking and service layby
Is the proposed development within the relevant site DEPZ
or area of Extendibility?
Yes - DEPZ
If yes, within which sites DEPZ or area of extendibility does
the application fall within (Aldermaston/Burghfield):
AWE Aldermaston
If yes which Sector is the proposal within?
H
Current Demographic Information within Sector the sector
and 2 adjacent sectors.
G
948
H
2503
J
919
Is the proposal for:
Residential
Yes
What is the increase in Population Density within the
Sector (Based on the average household size to be
2.4 persons per household and details in application
relating to employees for business developments)
Increase in 47 dwellings
Commercial
Yes
Are there details of any Site Emergency Plan in place
No
Are there any vulnerable developments proposed?
Yes – 42 retirement apartments
Consideration
Impact on AWE Off-site Emergency Plan
1
Within DEPZ area or area of
Extendibility
DEPZ
2
Proximity to Site Boundary
1490m, within the DEPZ
3
Impact on short term Sheltering – 24 –
48hrs
Since this is retirement living there will be a
greater number of people who are likely to
require support as a result even a short period
of requirement to be under shelter is likely to
require additional specialist support. This
would therefore put an adverse impact on
responders.
4
Impact if requirement for Medium/Long
term Sheltering 48hrs+
Impact due to high density of the population in
this sector in addition to the details in 3 above
in that the longer the period of requirement to
be under shelter then the greater the need to
provide the support to those requiring it – often
it can be stopped for a short period with some
remote contact to the people involved but this
is not a longer term solution.
Consideration
Impact on AWE Off-site Emergency Plan
5
Requirement for Immediate Evacuation
& Impact –including reception and rest
centre
This is unlikely to be required due to the
distance involved. However since the majority
of the proposal is retirement living the
resources required and specialist support
needed to evacuate and provide in the rest
centre they are moved to is significant. The
application site is in sector H which is a
densely populated sector and adjacent to 2
other densely populated sectors. This has an
impact with respect to the fact should
evacuation be required it will not be just this
applications premises which will require
evacuation therefore the addition of 47
additional units would be a significant impact.,
6
Impact if requirement for subsequent
Evacuation–including reception and
rest centre
The impact would be the same as in 5 above.
7
Impact on Warning & Informing
processes
Minimal with proviso that there is a landline on
site
8
Day time or night time impact
No difference in impact on the plans
9
Vulnerable People considerations
Since this is retirement living the impact on the
plan will be significant not only with respect to
support required potentially if under shelter
conditions but also with respect to if they are
evacuated and potential specialist support and
equipment requirements. Specialist homes
available for this number of residents are not
readily available in the area.
10
Impact on plan from External issues
e.g. parents wanting access to children
etc.
There may be an additional impact in relation
to the relatives of those in the retirement living
area.
Consideration
Impact on AWE Off-site Emergency Plan
11
Access and Egress Routes
None
12
Recovery implications
Significant due to the sector being densely
populated therefore long term alternative
accommodation would be a significant effect
on top of others required in an area with
minimal additional housing. The period could
be for a long period
Summary of Considerations: As a result of the above review of the impact of the development in relation to the responders and the
impact on the AWE off-site plan it is considered the impact would be low with the proviso that there is a robust Emergency Plan is in
place. It is therefore advised that subject to a satisfactory robust emergency plan being in place there would be no adverse comment.
Suggested wording for the condition in relation to this is set out below:
No development, shall take place until an outline Emergency Plan has been submitted to and approved in writing to the
Local Planning Authority in relation to how the occupiers of the site will respond and manage the situation should there
be a radiation emergency at AWE Aldermaston. In addition the site should not be occupied until a detailed Emergency
Plan has been developed, submitted and approved in writing by the Local Planning Authority.
The Emergency Plan shall be kept up-to-date by the applicant being reviewed and amended as necessary. The Local
Planning Authority may at any time require the amendment of either/both plan(s) by giving notice pursuant to this
condition. The Local Planning Authority may at any time require a copy of the then current Emergency Plan for the site
which shall be submitted to the Local Planning Authority within 1 month of notice being given.
https://www.gov.uk/planning-inspectorate
Appeal Decision
Site visit made on 11 May 2021
by Rachael Pipkin BA (Hons) MPhil MRTPI
an Inspector appointed by the Secretary of State
Decision date: 25 June 2021
Appeal Ref: APP/H1705/W/21/3268065
42-46 New Road, Tadley RG26 3AL
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
• The appeal is made by S Paull of McCarthy and Stone Retirement Lifestyles Ltd against
the decision of Basingstoke & Deane Borough Council.
• The application Ref 18/03146/FUL, dated 19 October 2018, was refused by notice dated
15 January 2021.
• The development proposed is erection of 42 retirement living apartments (Category II
Type) with communal facilities, landscaping and car parking. Erection of a Class A1
retail store with 5 flats at first floor level, car parking and service layby.
Decision
1. The appeal is allowed and planning permission is granted for erection of 42
retirement living apartments (Category II Type) with communal facilities,
landscaping and car parking. Erection of a Class A1 retail store with 5 flats at
first floor level, car parking and service layby at 42-46 New Road, Tadley
RG26 3AL in accordance with the terms of the application, Ref 18/03146/FUL,
dated 19 October 2018 and subject to the attached schedule of conditions.
Procedural Matter
2. The appellant has submitted a completed signed planning obligation by way of
a Unilateral Undertaking (UU) under Section 106 of the Town and Country
Planning Act 1990 (as amended) dated 6 May 2021. This deals with affordable
housing and the provision of a traffic layby. I will discuss this in more detail
later in this decision.
Main Issue
3. The main issue is whether or not the proposal makes adequate provision for
affordable housing.
Reasons
4. Policy CN1 of the Basingstoke and Deane Local Plan 2016 (Local Plan) requires
40 per cent affordable housing on all market housing sites. On-site provision
will be expected for five or more net residential units. In exceptional
circumstances, off-site provision or financial contributions of equivalent value
will be accepted.
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5. The appeal proposal is for the provision of 42 retirement homes and five flats.
The proposal includes a contribution to affordable housing. The appellant
submitted a viability assessment to justify the amount of affordable housing it
could provide, either as on-site provision or as a financial contribution to
affordable housing. In the event of off-site provision of affordable housing, the
viability assessment determined a figure of £202,326. This figure is not
disputed by the Council.
6. The submitted UU sets out that affordable housing would be secured through a
‘cascade’ approach whereby if on-site affordable housing could not be secured,
then a financial contribution would be provided. In the first instance, under
cascade position 1, five intermediate units (shared equity dwellings) would be
transferred to a registered provider for 60 per cent of open market value. If
there were to be no interest from a registered provider, then cascade
position 2, offering five discounted market units (DMUs) to qualifying persons
with an additional £100,000 commuted sum for off-site provision, would be
made available. The Council accepts these two options.
7. If, after due process, there were to be no demand for DMUs from qualifying
persons then the UU secures two alternative options which would be a choice
for the Council. Cascade position 3 sets out that the DMUs would be made
available to the market with a commuted sum of £100,000 payable.
Alternatively, cascade position 4 sets out that the appellant would pay an
affordable housing contribution of up to £202,326 prior to occupation of the
market units.
8. The UU secures any future sales of the units as DMUs and requires subsequent
sales of the units to be to a qualifying person in accordance with the same
requirements as set out in cascade position 2. This would therefore secure the
ongoing contribution of these units to affordable housing in the future.
9. The appeal site lies within the Detailed Emergency Planning Zone (DEPZ)
surrounding the Atomic Weapons Establishment (AWE) at Aldermaston. It is
located approximately 1,490 metres from the site boundary and is within
Sector H and within the most densely populated sector within the DEPZ.
10. Policy SS7 of the Local Plan requires that development in the DEPZ be
managed in the interests of public safety. It only permits development where
the Off Site Nuclear Emergency Plan can accommodate the needs of the
population in the event of an emergency.
11. Due to its location within the DEPZ and the restrictions on development as set
out in Policy SS7, the Council has indicated that it would not be possible to
identify affordable housing schemes in the Tadley area where the total
contribution as set out under cascade position 4 could be spent. In support of
its position, the Council has referred me to a dismissed appeal
1
at 27 Millers
Road, Tadley. In this case, the Inspector accepted that the additional dwelling
proposed would result in an incremental increase in the number of dwellings
affected by an incident and that cumulatively such incremental increases in
housing could undermine the general thrust and purposes of Policy SS7. This
lends some weight to the Council’s position that the availability of housing
schemes locally are limited.
1
APP/H1705/W/19/3221311
Appeal Decision APP/H1705/W/21/3268065
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12. Nevertheless, I have not been provided with firm evidence that there are no
affordable housing schemes to which this proposal could contribute.
Furthermore, if such a scheme were to come forward, bearing in mind each
scheme must be determined on its own individual merits, the dismissal at
27 Millers Road does not provide conclusive evidence that an affordable
housing scheme would similarly be rejected.
13. I appreciate that it would be preferable for financial contributions to contribute
to affordable housing within Tadley. However, they would nevertheless
contribute to affordable housing needs within the Borough. This approach is
supported in the Council’s Housing Supplementary Planning Document 2018
(SPD) which sets out that financial contributions towards affordable housing
will be available for allocation throughout the Borough.
14. The principle of a commuted sum has been accepted by the Council in regards
to cascade position 2. The proposed contribution under cascade position 4 is
approximately double this figure. If the full contribution were to be made this
would provide a reduced level of affordable housing provision compared to
what could be provided on site. The Council has indicated that it would be
sufficient to fund the conversion of four 1-bedroom flats from shared ownership
to social rented units. However, cascade position 4 is a backstop once all other
options have been exhausted. I am satisfied that this is reasonable.
15. The Council has confirmed that there are over 100 people registered on the
local Help to Buy register who are interested in low cost home ownership
initiatives within the Tadley area as well as 272 households on the housing
register who have a verified local connection to Tadley.
16. If the cascade approach were to be restricted to the first two cascade positions
and the appellant was unable to secure the occupation of the units in
accordance with these options, it would be open to the appellant to seek a
variation to the legal agreement. However, in such circumstances 25 per cent
of the market units would be unoccupied whilst a variation is being sought. In
view of my findings on the additional options, it seems unreasonable, given the
available options under cascade positions 3 and 4, to require the appellant to
seek a variation in these circumstances.
17. I conclude that the proposal would make adequate provision for affordable
housing. It would therefore accord with Policy CN1 of the Local Plan as referred
to above. It would also accord with the National Planning Policy Framework
(the Framework) which requires affordable housing to be met on site unless
off-site provision or an appropriate financial contribution in lieu can be robustly
justified. It would also accord with the approach to affordable housing provision
set out within the SPD.
Planning obligation
18. Paragraph 56 of the Framework and Regulation 122 of the Community
Infrastructure Levy Regulations require that planning obligations should only be
sought where they are: necessary to make the development acceptable in
planning terms; directly related to the development; and fairly and reasonably
related in scale and kind to the development.
19. The UU makes provision to secure funding of £7,500 for a Traffic Regulation
Order to restrict the use of the layby at the front of the site to be used solely
Appeal Decision APP/H1705/W/21/3268065
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for loading and unloading for the proposed shop. This layby would be within
highway land. The restriction of this area for servicing the retail unit is
necessary, directly related, and fairly and reasonably related in scale and kind
to the proposed development.
20. I find that the provision of affordable housing also secured through the UU,
also meets these tests.
Other Matters
21. A large number of objections to the scheme were raised in relation to the
provision of another convenience retailer in the location and its effect on a local
independently run convenience store. However, it is not the role of the
planning system to restrict competition between different commercial interests.
22. New Road is a relatively busy road with laybys, a GP surgery and children
crossing. With additional vehicles and people associated with the proposal,
concerns have been raised about its impact on highway safety. New Road
benefits from wide footpaths and a refuge island a little further north of the
site. This has dropped kerbs and tactile paving and provides a crossing place.
The proposal would provide visibility splays which are considered to be
acceptable. There is no firm evidence to suggest that the proposal would give
rise to unacceptable highways impacts.
23. The scheme provides 50 car parking spaces, shared between the retirement
home, flats and retail unit. The Council has confirmed that the number of
spaces would meet the parking requirements set out within Policy CN9 of the
Local Plan and the Parking Supplementary Planning Document.
24. The proposal would demolish a vacant property adjacent to a bungalow at
50 New Road (No 50). The replacement buildings would be some distance from
No 50, separated from it by an area of car parking and a 2.5 metre wide strip
of landscaping. The proposal would be sufficiently separate from the proposed
development to not adversely affect the living conditions of this neighbour.
25. There is no evidence that the proposal would give rise to unacceptable
pressures on the local surgery and other health care.
26. The three-storey design of the building would be higher than surrounding
development. However, its design incorporates two-storey elements closer to
surrounding development, which in combination with its position to the rear of
the site, helps to reduce the visual impact of its scale and height. I have found
no reason to disagree with the Council’s assessment of the proposal in that it
would be compatible with the surrounding area.
Conditions
27. The Council has suggested a number of conditions which I have considered
against advice in the Framework and Planning Practice Guidance. As a result I
have amended some of them for consistency and clarity.
28. A condition specifying the approved plans is necessary as this provides
certainty. In the interests of ecology, I have imposed a condition requiring the
development to be carried out in accordance with the submitted ecological
report.
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29. Pre-commencement conditions requiring the submission and approval of a
construction method statement in the interests of highway safety and avoiding
nuisance; and requiring a tree protection plan in the interests of the amenity of
trees on site; are reasonable and necessary. A condition requiring Emergency
Plans to be in place is necessary in order to protect public safety in proximity to
AWE Aldermaston. I have however separated this so that the pre-
commencement part of that condition only relates to the demolition and
construction phase of the development. These have been agreed by the
appellant. A condition controlling the hours of work, deliveries and removal of
plant and materials on site are also necessary to avoid harm arising through
nuisance.
30. Conditions requiring an assessment of the risk of contamination, remediation
and verification that works have been completed are necessary and relevant in
the interests of environmental protection and safety of users of the site. For
the same reason, a condition requiring the removal of asbestos is necessary.
31. In the interests of character and appearance, I have imposed conditions
specifying materials to be approved and retained; details of hard landscaping;
and for the implementation and management of soft landscaping in accordance
with submitted details, which I have also included to ensure the proper
establishment and maintenance of the scheme of planting.
32. I have imposed a condition requiring a proportion of the dwellings to be built to
accessible and adaptable standards. This is necessary to meet future housing
needs and required by Policies CN1 and CN3 of the Local Plan.
33. A condition requiring details of external lighting is both necessary and
reasonable to ensure such lighting does not harm ecology or cause a nuisance.
I have imposed conditions requiring noise mitigation and confirmation that
appropriate noise levels can be met in the interests of achieving satisfactory
living conditions for occupants. In order to protect the privacy of occupants, a
condition requiring details of screening is reasonable and the use of obscured
glass.
34. A condition requiring car parking on site to be provided and retained, is both
necessary and reasonable in the interests of highway safety and avoiding
parking nuisance.
Conclusion
35. For the reasons set out above, I conclude the appeal should be allowed.
Rachael Pipkin
INSPECTOR
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Schedule of Conditions
1) The development hereby permitted shall be begun before the expiration of 3
years from the date of this planning permission.
2) The development hereby permitted shall be carried out in accordance with the
following approved plans:
SO-2560-03-AC-00-B
SO-2560-03-AC-01-A
SO-2560-03-AC-02- D
SO-2560-03-AC-100-C
SO-2560-03-AC-103-E
SO-2560-03-AC-10-A
SO-2560-03-AC-11-A
SO-2560-03-AC-12-A
SO-2560-03-AC-13-A
SO-2560-03-AC-15-A
SO-2560-03-AC-222-E
SO-2560-03-AC-80-A
SO-2560-03-AC-81-A
SO-2560-03-AC-84-B
034.0112.003 Rev A
034.0112.005
64010-02-Rev C
9990-KC-XX-YTREE-TCP01 Rev 0
MCS623/DRG 02 REV E
MCS623/DRG 03 REV C
MCS623/DRG 04 REV C
MCS623/DRG 05 REV B
3) The development hereby approved shall be carried out in strict accordance with
Chapter 6 Mitigation and Chapter 7 Enhancements of the Phase 2 Bat
Emergence Survey by Abbas Ecology dated July 2018.
4) No development shall start on site until a construction method statement has
been submitted to and approved in writing by the local planning authority. It
shall include:
a) A programme of and phasing of demolition and construction work;
b) The provision of long-term facilities for contractor parking;
c) The arrangements for deliveries associated with all construction works;
d) Methods and phasing of construction works;
e) Access and egress for plant and machinery;
f) Protection of pedestrian routes during construction;
g) Location of temporary site buildings, compounds, construction materials
and plant storage areas.
Demolition and construction work shall only take place in accordance with the
approved method statement.
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5) No development or other operations shall commence on site until a Tree
Protection Plan has been submitted to and approved in writing by the local
planning authority. The approved tree protection 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 accordance
with the Tree Protection Plan.
6) A comprehensive Emergency Plans for the retirement apartments, the
affordable housing units and the retail unit shall be submitted to and approved
in writing by the local planning authority in relation to how the occupiers of the
site will respond and manage the situation should there be a radiation
emergency at AWE Aldermaston. The Emergency Plan shall include:
a) all emergency and business continuity considerations for employees, visitors
and the business at the site during construction and operation of the
development.
b) all actions to follow should there be a radiation emergency at AWE
Aldermaston and should set out the notification of an emergency, the
response actions, how guests (and others) will be alerted of an incident,
where they will go (shelter or evacuate to) and how they will be supported.
c) the information to be provided to residents in their homes as well as actions
for the site operators and staff to respond to.
A timetable shall be submitted setting out yearly dates for review and
amendments where necessary for consideration and agreement by the local
planning authority.
The Emergency Plan shall be provided in two phases.
i) Phase One to cover employees, visitors and businesses at the site during
the demolition and construction phase, shall be submitted to and approved
in writing prior to any development or other operations commencing on site;
and
ii) Phase Two to cover residents, employees, visitors and businesses at the site
during the operational phase of the development, shall be submitted to and
approved in writing prior to the development hereby permitted being
occupied/brought into use.
7) Demolition or construction works shall take place only between the hours of
0730 and 1800 on Mondays to Fridays, 0800 and 1300 on Saturdays and shall
not take place at any time on Sundays or on Bank or Public Holidays.
8) Deliveries of construction materials or plant and machinery and removal of any
spoil from the site shall only take place between the hours of 0730 and 1800
on Mondays to Fridays, 0800 and 1300 on Saturdays and shall not take place
at any time on Sundays or on Bank or Public Holidays.
9) With the exception of the demolition of existing buildings and removal of
existing hardstanding no works pursuant to this permission shall commence
until there has been submitted to and approved in writing by the local planning
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authority:- (a) a site investigation report documenting the ground conditions of
the site and incorporating chemical and gas analysis identified as being
appropriate by the Council’s Environmental Health team, in accordance with
BS10175:2011- Investigation of Potentially Contaminated Sites - Code of
Practice; and, unless otherwise agreed in writing by the local planning
authority, (b) a detailed scheme for remedial works and measures to be
undertaken to avoid risk from contaminants/or gases when the site is
developed. 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.
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 Procedures for the Management of Land
Contamination, CLR11'.
10) 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 9(b) that any
remediation scheme required and approved under the provisions of
condition 9(b) 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:
a) as built drawings of the implemented scheme;
b) photographs of the remediation works in progress;
c) Certificates demonstrating that imported and/or material left in situ is free
of contamination.
Thereafter the scheme shall be monitored and maintained in accordance with
the scheme approved under condition 9(b), unless otherwise agreed in writing
by the local planning authority.
11) The development hereby permitted shall not be occupied/brought into use until
there has been submitted to the local planning authority verification that any
identified asbestos has been removed from the application site and disposed of
by a licensed asbestos contractor in accordance with the Control of Asbestos
Regulations 2012.
12) No development above ground floor slab level shall commence on site until
details of the materials to be used for hard and paved surfacing have been
submitted to and approved in writing by the local planning authority. The
approved surfacing shall be completed before the approved buildings are first
occupied and thereafter maintained.
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13) No development shall take place above ground floor slab level 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 screen
walls/fences/hedges to be erected. The approved screen walls/fences shall be
erected before the buildings hereby approved are first occupied and shall
subsequently be maintained. 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.
14) Notwithstanding the details provided on drawings MCS623/DRG 05 REV B,
MCS623/DRG 04 REV C, MCS623/DRG 03 REV C, and MCS623/DRG 02 REV E,
no development shall take place above ground floor slab level until full details
of both hard and soft landscape proposals have been submitted to and
approved in writing by the local planning authority. Hard landscaping details
shall include, as appropriate:
a) proposed finished levels or contours,
b) means of enclosure,
c) car parking layouts,
d) other vehicle and pedestrian access and circulation areas,
e) minor artefacts and structure (e.g. furniture, refuse or other storage units,
signs, lighting, external services, etc.).
Soft landscape details shall include:
f) planting plan, specification (including cultivation and other operations
associated with plant and grass establishment),
g) schedules of plants, (including replacement trees where appropriate), noting
species, planting sizes and proposed numbers/densities where appropriate,
h) 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 above slab level commences. The
landscaping works shall be carried out in accordance with the approved details
before any part of the development is occupied or in accordance with a
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.
15) No development above ground floor slab level shall take place on site until a
scheme for protecting the approved dwellings from plant noise associated with
the development has been submitted to and approved in writing by the local
planning authority. Any proposed mitigation scheme shall have regard to the
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Basingstoke & Deane 'Noise assessments and reports for planning applications
- Guidance note for developers and consultants'. Mitigation proposals will
consider and utilise where possible, reduction in noise exposure achieved by
effective site layout, building orientation, the use of physical barriers, utilising
open space as a buffer, internal room configurations and any other available
mitigation strategies. The following noise levels shall be achieved with
mitigation in place:
a) Internal day time (0700 - 2300) noise levels shall not exceed 35dB LAeq,
16hr for habitable rooms (bedrooms and living rooms with windows open)
b) Internal night time (2300 - 0700) noise levels shall not exceed 30dB LAeq
with individual noise events not exceeding 45dB LAfMax (windows open).
c) Garden areas shall not exceed 55 dB LAeq, 16hr.
Where it is predicted that the internal noise levels specified above will not be
met with windows open despite mitigation strategies, an alternative method of
mechanical ventilation must be specified to supply outside air to habitable
rooms with windows closed, and relieve the need to open windows. Background
and passive ventilators, and system 3 extraction systems are not considered
adequate for this purpose. Methods may include a system 4 MVHR system with
cool air by-pass, or standalone mechanical units supplying outside air to each
affected habitable room.
All works which form part of the scheme shall be completed before the
dwellings hereby approved are occupied and retained thereafter.
16) No dwelling 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 noise mitigation measures against the
noise levels as set in condition 15. A method statement should be submitted to
and approved by the local planning authority prior to the survey being
undertaken. If the noise levels set out in condition 15 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
planning authority and implemented in full prior to the first occupation of the
relevant phase.
17) A minimum of 15% of the properties shall be built to accessible and adaptable
standards to enable people to stay in their homes as their needs change. No
development above ground floor slab level shall commence on site until details
of which properties are to be built to such standards are submitted to and
approved in writing by the local planning authority. Development shall be
carried out in accordance with the approved details and retained as such
thereafter.
18) No development above ground floor slab level shall commence on site until
details of the height, design and materials to be used in the construction of the
privacy screens to the balconies of Units 27 and 28 has been submitted to and
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approved in writing by the local planning authority. The development shall be
carried out and thereafter maintained in accordance with the details so
approved.
19) Details of any external lighting shall be submitted to and approved in writing
within one month of the date of development commencing. Any external
lighting should follow the guidelines set out by the Bat Conservation Trust and
shall be submitted to and approved in writing by the local planning authority.
The development shall then proceed in full accordance with the approved
details.
20) Prior to the first occupation of the development hereby approved the provision
for the parking of vehicles shown in the approved plans shall be constructed,
laid and marked out and shall thereafter be retained for the parking of vehicles.
21) The windows at first floor level on the western elevation to Units 27 and 28
shall be non-opening and glazed with obscured glass, and shall be installed
prior to the occupation of these units. The windows shall remain non opening
and obscured glazed.
End of Schedule of Conditions
