Procedural matters
4. In reaching his decisions, the Secretary of State has taken into account the Environmental Statements and the supplementary environmental information which were submitted under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (IR2-4). The Secretary of State is content that these documents together comprise the Environmental Impact Assessment for the two proposals, that this complies with the above regulations and that sufficient information has been provided for him to assess the environmental impact of the applications (IR4 and IR577).
5. The addendum to the Environmental Statement for each application includes 3 new drawings intended to supersede several drawings submitted as part of the planning applications. The Secretary of State agrees with the Inspector that, for the reasons she gives at IR5, there would be no prejudice to any party if these new drawings were considered as part of these appeals and has accordingly considered the appeals on that basis.
6. The Secretary of State has also taken account of the fact that by the end of the inquiry the Council had withdrawn Reason 4 of its putative reasons for refusal, had agreed that Reasons 1, 3, 8, 9 and 13 had been satisfied by the Planning Obligation and Planning Conditions and had indicated that Reason 14 did not stand independently of the other reasons (IR7).
Matters arising after the close of the inquiry
7. Following the close of the inquiry the Secretary of State wrote on 26 May 2009 to Natural England requesting confirmation of its views on whether the two appeal proposals were likely to have a significant effect on the Thames Basin Heaths Special Protection Area (SPA). That letter was copied to the appellants, the Council and other Rule 6 parties. Both letters were copied to the other parties to give them notice of the consequent timetable variation and to give them the opportunity to request copies of Natural England’s response and then comment on it.
8. Natural England’s response, dated 12 June 2009, was circulated on behalf of the Secretary of State on 17 June to the Rule 6 parties and those who had requested an opportunity to comment. You replied on behalf of your clients on 30 June 2009 and replies were also received from Stop Pyestock bLot Act Today (SPLAT), dated 27 June 2009 and from the Southwood Residents Association, dated 25 June 2009. Those responses were in turn copied to Natural England with a covering letter dated 9 July 2009 seeking its comments on the issues raised by the respondents. Natural England responded on 31 July 2009, and that letter was copied for information to the Rule 6 parties and those who had previously asked for an opportunity to comment.
9. All the correspondence received by the Secretary of State, including a letter from Hampshire County Council, dated 5 February 2009; a letter from SPLAT to Hampshire County Council dated 11 February 2009; and a letter from North Hampshire Enterprise dated 23 June, is listed in the Appendix at the end of this letter. The Secretary of State has taken account of all this correspondence in his consideration of the appeal before him. Copies can be made available upon written request to the address at the foot of the first page of this letter.
Policy considerations
10. 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.
11. In this case, the development plan comprises the Regional Spatial Strategy for the South East (the South East Plan (SEP)), published on 6 May 2009 after the close of the inquiry; and the saved policies of the Hart District Local Plan (Replacement) 1996-2006 (LP). The Secretary of State considers that the development plan policies most relevant to the appeal are those set out by the Inspector at IR39-44.
12. At the time of the inquiry, the SEP had yet to be published in its final form. However, the Secretary of State’s proposed changes published in July 2008 (IR37) had already indicated an intention to delete the Strategic Gap policy (IR442) and, as the final version does not include the Strategic Gap policy, the Secretary of State does not consider that there have been material alterations from the published proposed changes on matters relevant to this appeal to an extent that would affect his decision. He is therefore satisfied that there is no need for him to refer back to parties for further representations prior to reaching his decision. In reaching this conclusion the Secretary of State has taken into account the fact that the saved policies of the Hampshire County Structure Plan 1996-2011 (SP) have been replaced by the SEP and so no longer carry any weight.
13. The Secretary of State has also taken account of Circular 06/2005: Biodiversity and Geographical Conservation – Statutory Obligations and their Impact within the Planning System, which provides administrative guidance on the application of the law relating to planning and nature conservation as it applies in England. It complements the expression of national planning policy in Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS9) and the accompanying Planning for Biodiversity and Geological Conservation: A Guide to Good Practice. Together, these provide guidance on the application of the Conservation (Natural Habitats &c) Regulations 1994 (“the Habitats Regulations”) which, in turn, transpose EU Directive 92/43/EEC (21 May 1992) on the conservation of natural habitats and of wild fauna and flora (“the Habitats Directive”).
14. Other material considerations which the Secretary of State has taken into account include Planning Policy Statement (PPS) 1, Delivering Sustainable Development; Planning Policy Guidance Note (PPG) 4, Industrial, Commercial Development and Small Firms; PPS7, Development in Rural Areas; PPG 13, Transport; PPG24, Planning and Noise; Circular 11/95, Use of Conditions in Planning Permission; and Circular 05/2005, Planning Obligations.
15. The Secretary of State has also taken into account the consultation draft PPS4, Planning for Prosperous Economies published in May 2009. However, as this document is still at consultation stage and may be subject to change, he affords it little weight.
Main issues
16. The Secretary of State considers that the main issues in this case are as set out by the Inspector in IR433 and 434.
Strategic Gap
17. The Secretary of State agrees with the Inspector (and the parties) that, as a matter of fact, the appeals site lies within the Strategic Gap which separates Fleet and Farnborough (IR435) and, for the reasons at IR435-440, he agrees with the Inspector that the development would be harmful to the integrity and function of the Gap. The Secretary of State has taken account of the fact that, although the SEP contains no policies with regard to the Strategic Gap, it recognises that proposals for Local Gaps may be justified through Local Development Plan Documents, and he therefore considers that some weight should be given to the policy support for the protection of the Gap in adopted LP policies (IR446) pending their review in the light of the SEP. He also considers that the protection of land between settlements to ensure their continued separation remains an appropriate objective (IR445). However, taking account of the Inspector’s consideration of LP Policy DEV 12 (IR575) with regard to whether the appeal proposals would strike an appropriate balance between making the most of the employment opportunities of a previously developed site and the constraints of its location, the Secretary of State does not agree with the Inspector’s conclusion at IR446 that the development would therefore be unacceptable. The reasons for this conclusion are set out in the remainder of this letter.
Character and appearance of the rural area
18. For the reasons given at IR447-464, the Secretary of State agrees with the Inspector’s conclusion at IR465 that, overall, the appeals proposals would bring some improvement to the landscape quality and character of the site itself although the scale of the development would be considerably in excess of what exists at present. The Secretary of State agrees with the Inspector that there would be material harm to short distance views from a number of public viewpoints and, whilst the harmful effects would reduce over time due to mitigation, a significant adverse impact would remain. However, while the Secretary of State agrees with the Inspector this would be harmful to the character and appearance of the rural area and, in that regard, contrary to relevant development plan policy, he does not agree with the Inspector that that would necessarily outweigh any benefits that would accrue to the landscape of the site itself, especially when considered in combination with other factors considered below.
Traffic and Transport
19. Like the Inspector, the Secretary of State has given considerable weight to the fact that, although there is a considerable body of objection to the appeals proposals on the grounds of traffic generation, there were no insurmountable objections from the either the Highways Agency or the Highways Authority (Hampshire County Council) (IR466). The Secretary of State therefore agrees with the Inspector’s conclusions at IR 467 that there is no evidence that the roads are unsuitable or unable to accommodate the type and volume of traffic movements that would be associated with the proposed development.
20. In coming to this conclusion, he has taken account of the detailed reasoning set out by the Inspector at IR475-510. He agrees with the Inspector (IR511-512) that, in addition to the support of the two responsible highway authorities, the fallback situation (see next paragraph), the proposed controls by means of the traffic caps and routeing agreement, and the highway improvement works are all significant material considerations which, together with the relevant information in the Environmental Statements and the evidence presented to the inquiry, lead him to conclude that the proposed developments would not give rise to unacceptable congestion or harm to highway safety on the local and strategic road network. The Secretary of State therefore also agrees with the Inspector that there would be no conflict with relevant development plan policies (IR512).
Fallback option
21. The Secretary of State agrees with the Inspector (IR468) that both the fact that the site is a substantial brownfield site which is allocated in the LP for employment use and the existence of a Certificate of Lawfulness for an Existing Use or Development (CLEUD) (IR469-474) in relation to past uses of the appeals site are important material considerations, to which he attaches significant weight. He agrees with the Inspector that the CLEUD is important because it provides the fallback scenario as a starting point for the traffic assessment (IR468); that the terms of the CLEUD would not prevent an increase in the number of personnel in the fallback scenario provided that there was no material difference to the nature of the use (IR470); that there is a high probability that, if the appeals proposals did not proceed, at least some of the existing accommodation included in the CLEUD would be reused (IR471-472); and that the present site owners have every intention of recouping their investment if these appeals fail (IR473). The Secretary of State therefore concludes that a realistic fallback option exists; and he agrees with the Inspector that, for the reasons given at IR474, your clients’ transport evidence using the Highways Agency’s assessment of potential usage of the existing buildings offers a robust basis for the traffic assessment.
Noise and air quality impacts
22. For the reasons given by the Inspector at IR513-548, the Secretary of State agrees with her that the residential amenity of local residents would not be significantly adversely affected by the development in respect of air quality, health or noise and that the proposals would thus comply with relevant LP policies (IR549).
Nature conservation
Effect on the appeals site
23. The Secretary of State agrees with the Inspector (IR550) that there is no evidence that there would be significant harm to protected species of flora or fauna arising from the appeals proposals; and he is satisfied that the imposition of Condition 20 will provide appropriate protection (IR413 and IR551). He also agrees with the Inspector (IR552) that, overall, the appeals proposals would result in a net gain to biodiversity.
Effect on designated sites
24. The Secretary of State gives considerable weight to the fact that no objections have been raised by Hampshire County Council, Natural England or Hart DC in terms of the effect of the appeals proposals on the nature conservation interest of the various sites of ecological importance designated in close proximity to the appeals sites (IR553). For the reasons given at IR554-555, the Secretary of State agrees with the Inspector that the appeals proposals are not likely to place more pressure on the sites and are less likely than a housing scheme might have been to give rise to the use of the heathlands for informal dog walking; that the proposed development would be unlikely to deter visitors from using the adjacent woodlands as a recreational resource; and that, as the roads in the appeals site would be in private ownership, they would not be available for members of the public to use to visit the SPA.
25. For the reasons given at IR556, the Secretary of State agrees with the Inspector that the tranquil enjoyment of the nature conservation sites is unlikely to be adversely affected by noise emanating from the appeals site. He also agrees with the Inspector that, for the reasons given at IR557-562, including having regard to the effects which the fallback scenario could itself engender, there would be no other significant adverse effects arising in relation to noise, air pollution or light pollution.
Appropriate Assessment
26. As the Inspector indicates (IR563), the SPA is protected by European law, and so the question arises as to whether or not the appeal proposals are likely to have a significant effect on the SPA, either individually or in combination with other plans or projects. Regulation 48(1) of the Conservation (Natural Habitats) Regulations 1994 states that, before granting planning consent for a project, the competent authority (which in this case is the Secretary of State) must either be able to conclude that it is not likely to have a significant effect on any protected European site (either alone or in combination with other plans or projects) or, if he cannot do that, he must carry out an appropriate assessment of the implications for the site in view of that site's conservation objectives before granting planning permission. Subject to regulation 49 of the Conservation (Natural Habitats) Regulations 1994, if an appropriate assessment is required, regulation 48(5) means that consent cannot be granted if, on the basis of that assessment, it is not possible to ascertain that the project will not have an adverse effect on the protected European site. The Secretary of State does not consider that regulation 49 applies in this case. It is not part of the appellant’s case that the development must be carried out for imperative reasons of overriding public interest.
27. As noted by the Inspector at IR563, Natural England consider that there would be no significant impact on protected birds or their habitats arising from the appeal proposals either alone or in combination with other plans and projects. Natural England is the Government’s statutory adviser on the natural environment, and the Secretary of State agrees with the Inspector that the views of that body that an appropriate assessment is not required should be given considerable weight. The correspondence undertaken by the Secretary of State following receipt of the Inspector’s report to confirm Natural England remains of that view is set out in paragraphs 7 and 8 above and, taking account of that, the Secretary of State agrees with the Inspector that, for the reasons given at IR564, the development would have no adverse effect on the overall integrity of the SPA.
28. Overall, therefore, the Secretary of State agrees with the Inspector (IR565) that the development would have no adverse impact on sites of nature conservation importance and thus complies with the relevant development plan policies and PPS9.
Enterprise and accessibility
29. For the reasons given by the Inspector at IR566-568, the Secretary of State agrees with her that a B8 development generating about 1500 jobs on the appeals site, which is allocated for employment use in the LP, would be acceptable in principle (IR568). He also agrees that the jobs offered by the appeals development would expand range and choice (IR569). For these reasons, and those given by the Inspector at IR570-571, he agrees with the Inspector that the development would encourage new investment and enterprise in a location that is accessible to a range of travel modes and would promote sustainable transport choices in accordance with guidance in PPG4 (IR572).
Drainage
30. For the reasons given at IR573, the Secretary of State agrees with the Inspector that any concerns about flooding and drainage would be met by the condition requiring drainage details to be submitted to, and approved by the local planning authority.
Conditions
31. The Secretary of State has considered the proposed conditions in the light of the Inspector’s comments at IR408-428, 527-528 and 576 and national policy as set out in Circular 11/95. He considers that the proposed conditions as amended by the Inspector comply with the policy tests in that circular.
Planning obligation
32. The Secretary of State has considered the planning obligation by agreement in the light of the Inspector’s comments at IR429-431 and national policy as set out in Circular 05/2005. He considers that the obligation accords with the provisions of the circular.
Overall conclusions
33. For the reasons given above, the Secretary of State concludes that the proposals are in overall accordance with the development plan, although they do not accord with the LP policy for preserving the Gap to which he gives some weight as a material consideration despite it having been superseded by there being no Strategic Gap policy in the published South East Plan, He is also satisfied, taking account of the advice of Natural England, that the appeal proposals are not likely to have a significant effect on the SPA and that there is therefore no need to carry out an appropriate assessment before determining these appeals.
34. Like the Inspector, the Secretary of State considers that the scale of the proposed development would be considerably in excess of what exists at present, and it would impact adversely on the integrity and function of the Gap and on the character and appearance of the rural area surrounding the appeal site and separating Farnborough and Fleet. However, while the Inspector considers that the identified environmental harm which would result is of overriding importance, the Secretary of State gives more weight to the fact that the appeal proposals would provide up to 1500 jobs and would thus make efficient use of previously developed land on the largest site allocated for employment purposes in the LP. These jobs would also add to the range of types of employment opportunities in the area and, given that the site has the benefit of a CLEUD and is therefore likely to retain some form of commercial activity within the existing buildings, could well provide some improvement to the landscape quality and character of the site itself while also offering transport benefits which development under the CLEUD would not provide. Overall therefore, the Secretary of State disagrees with the Inspector and concludes that the benefits which the appeal proposals would bring outweigh any potential additional impact they may have on the integrity of the Gap and the character and appearance of the area.
Formal decision
35. Accordingly, for the reasons given above, the Secretary of State disagrees with the Inspector’s recommendation. He hereby allows your client's appeals and grants planning permission for:
• Appeal A: part demolition of existing buildings, erection of new buildings to use within Class B8 and ancillary offices with associated access, parking, ground works, infrastructure and landscaping in accordance with application number 07/00764/MAJOR, dated 22 March 2007, subject to the conditions in Annex A; and
• Appeal B: part demolition of existing buildings, erection of new buildings to use within Class B8 and ancillary offices with associated access, parking, ground works, infrastructure and landscaping in accordance with application number 07/03197/MAJOR, dated 21 December 2007, subject to the conditions in Annex B.
36. An applicant for any consent, agreement or approval required by a condition of this permission for agreement of reserved matters has a statutory right of appeal to the Secretary of State if consent, agreement or approval is refused or granted conditionally or if the Local Planning Authority fail to give notice of their decision within the prescribed period.
37. This letter does not convey any approval or consent which may be required under any enactment, bye-law, order or regulation other than section 57 of the Town and Country Planning Act 1990.
38. This letter serves as the Secretary of State's statement under regulation 21(2) of the Town and Country (Environmental Impact Assessment) (England and Wales) Regulations 1999.
Right to challenge the decision
39. A separate note is attached setting out the circumstances in which the validity of the Secretary of State’s decision may be challenged by making an application to the High Court within six weeks from the date of this letter.
40. A copy of this letter has been sent to Hart District Council and all parties who appeared at the inquiry.
Yours faithfully
Jean Nowak
Authorised by the Secretary of State to sign in that behalf
Annex A
Appeal A: Conditions
1. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.
2. Application for approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission.
3. The development hereby permitted shall begin not later than two years from the date of approval of the last of the reserved matters to be approved.
4. Prior to the approval of any reserved matters as required by Condition 1, a Plan showing the phasing of the development shall be submitted to, and approved in writing by, the Local Planning Authority. The development shall be carried out in accordance with the Phasing Plan.
5. The total new floorspace constructed pursuant to this planning permission shall not exceed 126,216m² gross floor area measured externally and no internal works to increase this floor area shall take place.
6. All reserved matters details for the new buildings hereby approved shall conform to the layout principles illustrated on drawing 2423-PL-083A; or 2423-PL-084A; or 2423-PL-085A and shall not exceed the maximum widths, lengths or heights above ground level specified thereon.
7. The reserved matters details shall accord with the principles set out in the Design and Access Statement dated November 2007.
8. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that order with or without modification) no change of use permitted by Class B of Part 3 of Schedule 2 of the Order shall take place on the site.
9. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that order with or without modification) no building, structure or other alteration or hard surface permitted by Part 8 of Schedule 2 of the Order shall be erected on the site.
10. No development shall take place on site until details of any change to the existing boundary treatment for the site has been submitted to and approved in writing by the Local Planning Authority. Any approved details shall be fully completed before the development hereby permitted is first occupied.
11. Prior to the commencement of the development hereby approved, or such other date or stage in development as may be agreed in writing with the Local Planning Authority, a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the Local Planning Authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning
Authority:
a) A desk study identifying:
i) all previous uses;
ii) potential contaminants associated with those uses;
iii) a conceptual model of the site indicating sources, pathways and receptors;
iv) potentially unacceptable risks arising from contamination at the site.
b) A site investigation scheme, based on (a) to provide information for an assessment of the risk to all receptors that may be affected, including those off site.
c) The results of the site investigation and risk assessment (b) and a method statement based on those results giving full details of the remediation measures required and how and when they are to be undertaken.
On completion of the works set out in (c), a verification report for the phases of development, confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting shall be submitted to and approved in writing by the Local Planning Authority.
12. Piling or any other foundation designs using penetrative methods will not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.
13. A Retained Woodland Management Plan and a Landscape Management Plan, including long term management and design objectives, a planting scheme, management responsibilities and maintenance schedules for all woodland and landscaped areas, shall be submitted to and approved in writing by the Local Planning Authority before the development commences. The above Plans shall be carried out in accordance with the approved details.
14. No development or demolition work or delivery of materials for construction shall take place at the site except between the hours of 07:30 to 18:00 weekdays or 08:00 to 13:00 hours Saturdays without the prior approval in writing of the Local Planning Authority. No development or demolition work or deliveries of materials for construction shall take place at the site on Sundays or Public Holidays.
15. No development on land to which the reserved matters relate shall commence until details of the foul water drainage system and surface water drainage system, including sustainable drainage systems and source control measures, and an implementation programme have been submitted to and approved by the Local Planning Authority in writing. The scheme shall be constructed in accordance with the agreed details and timetable.
16. No works pursuant to this permission (including site preparation, site clearance, demolition, pile-driving and construction work) on the site shall commence until a detailed Construction Environment Management Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved Construction Environment Management Plan unless the developer obtains the express written consent of the Local Planning Authority to do otherwise.
17. No development within the area covered by the application site shall commence until full details of the measures proposed to secure a carbon neutral building design, including proposals for the incorporation of renewable energy technologies where practicable at the site or the use of the renewable energy from off-site sources, has been submitted to and approved in writing by the Local Planning Authority. The development, or any individual phase thereof, shall be implemented in accordance with the approved details, unless the developer obtains the express written consent of the Local Planning Authority. An independent Assessor’s Report on compliance shall be submitted to the Local Planning Authority within two months of the completion of the development or any phase thereof, whichever is the sooner.
18. All trees on the site, unless indicated as being removed on a plan submitted to and approved in writing by the Local Planning Authority, shall be retained and protected in accordance with British Standard BS: 5837: Trees in Relation to Construction - Recommendations for the duration of works on the site and for five years following practical completion of the approved development, unless otherwise agreed by the Local Planning Authority. Any trees removed without the Local Planning Authority's consent, or which die or become seriously damaged or otherwise defective during the five year period shall be replaced and/or shall receive remedial action as required by the Local Planning Authority (unless such action would conflict with the Retained Woodland Management Plan pursuant to Condition 13). Such works shall be implemented as soon as is reasonably practicable and, replacement planting shall be implemented by not later than the end of the following planting season, with trees of such size and species and in such number and positions as may be agreed with the Local Planning Authority.
19. Details of any external lighting including floodlighting to be installed shall be submitted to, and approved in writing by, the Local Planning Authority before any such installation is carried out. The details, including an implementation programme, shall accord with E1 Environmental Zone (ILE 2005) and British Standard guidance (BS 5489-1:2003; BS EN 1302-2:2003; BS EN 13201-3:2003).
20. No works pursuant to this permission (including site preparation, site clearance, demolition, pile-driving and construction work) shall commence until a Wildlife Management Plan including long term objectives, management responsibilities, maintenance schedules and measures to protect and enhance flora and fauna within the site boundaries during the pre-construction, construction and post-construction phases, has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out strictly in accordance with the approved Wildlife Management Plan, unless the developer obtains the express written consent of the Local Planning Authority.
21. The level of noise emitted from fixed plant and equipment on the site shall not exceed LAeqT = 45dB as measured at any residential property during 0700 to 2300 and LAeqT = 35dB as measured at any residential property during 2300 to 0700. The noise level shall be determined in accordance with British Standard 7445.
22. No sound reproduction equipment conveying messages or music which is audible outside the site shall be installed on the site without the prior written consent of the Local Planning Authority.
23. No development shall take place until the applicant has implemented the recommendations outlined in the Environmental Statement for an archaeological watching brief to be conducted on areas where previously undisturbed deposits may exist. This will be subject to the submission to and approval in writing by the Local Planning Authority of a written scheme of investigation.
24. A scheme detailing provision to be made on site for bus facilities, including bus stops, waiting areas and information boards (including facilities to receive and display Real Time Passenger Information), shall be submitted to and approved by the Local Planning Authority in writing before development commences. The agreed details shall be implemented to a timetable contained within the approved scheme.
25. No development shall take place on the site until full details of the footpath link which connects the southern spur of Bramshott Road with New Ively Road have been submitted to and approved in writing by the Local Planning Authority. The footpath link shall be completed in accordance with the approved details before any part of the development hereby permitted is first occupied.
26. The level of noise emitted from the site activity shall not exceed 42dB LAeq8hr between 2300 and 0700 hours the following day and 55dB LAeq16hrs between 0700 and 2300 hours as measured at one metre from the façade of any residential property. The measurement shall be made in accordance with British Standard 7445.
27. Before the development hereby permitted commences a scheme of Acoustic Attenuation works along the A327 Minley Link as shown on drawing number 2323/PL/052 Rev E or such alternative means of noise attenuation designed to satisfy the Minimum Attenuation Values set out in the table below shall be submitted to and agreed by the Local Planning Authority. The approved scheme shall be carried out prior to the first occupation of any part of the development.
Overall Traffic Noise Level,
LA10,1 hr (02:00 – 03:00)
Location (at first floor level)
Without Scheme
With Scheme
With Mitig'n
Minimum Attenuation
Values
A – Lyndsey Close (E)
58.0
63.3
58.5
4.8
B – Lyndsey Close (W)
58.0
62.7
59.3
3.4
C – Howard Drive
57.0
60.0
58.3
1.7
D – Fennel Close
60.8
66.2
61.4
4.8
- 14 -
E – Broadhurst
57.9
61.2
59.0
2.2
F – Herbs End (S)
61.7
66.2
62.6
3.6
G – Herbs End (Mid)
61.2
64.5
62.2
2.3
H – Herbs End (N)
61.5
64.4
62.5
1.9
J – Baywood Close
63.2
64.4
64.3
0.1
28. Before the development hereby permitted commences a scheme shall be agreed with the Local Planning Authority which specifies the provisions to be made for the control of noise emanating from the site. The development shall be operated in accordance with the approved scheme.
Annex B
Appeal B: Conditions
1. The development hereby permitted shall begin not later than three years from the date of this decision.
2. The total new floorspace constructed pursuant to this planning permission shall not exceed 126,216m² gross floor area measured externally and no internal works to increase this floor area shall take place.
3. Prior to the commencement of development, a phasing plan shall be submitted and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved phasing.
4. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that order with or without modification) no change of use permitted by Class B of Part 3 of Schedule 2 of the Order shall take place on the site.
5. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that order with or without modification) no building, structure or other alteration or hard surface permitted by Part 8 of Schedule 2 of the Order shall be erected on the site.
6. No development shall take place on site until details of any change to the existing boundary treatment for the site has been submitted to and approved in writing by the Local Planning Authority. Any approved details shall be fully completed before the development hereby permitted is first occupied.
7. Prior to the commencement of the development hereby approved, or such other date or stage in development as may be agreed in writing with the Local Planning Authority, a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the Local Planning Authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority:
a) A desk study identifying:
v) all previous uses
vi) potential contaminants associated with those uses
vii) a conceptual model of the site indicating sources, pathways and receptors
viii) potentially unacceptable risks arising from contamination at the site.
b) A site investigation scheme, based on (a) to provide information for an assessment of the risk to all receptors that may be affected, including those off site.
c) The results of the site investigation and risk assessment (b) and a method statement based on those results giving full details of the remediation measures required and how and when they are to be undertaken.
On completion of the works set out in (c), a verification report for the phases of development, confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting shall be submitted to and approved by the Local Planning Authority.
8. Piling or any other foundation designs using penetrative methods will not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.
9. A Retained Woodland Management Plan and a Landscape Management Plan, including long term management and design objectives, a planting scheme, management responsibilities and maintenance schedules for all woodland and landscaped areas, shall be submitted to and approved in writing by the Local Planning Authority before the development commences. The above Plans shall be carried out in accordance with the approved details.
10. No development or demolition work or delivery of materials for construction shall take place at the site except between the hours of 07:30 to 18:00 weekdays or 08:00 to 13:00 hours Saturdays. No development or demolition work or deliveries of materials for construction shall take place at the site on Sundays or Public Holidays without the prior approval in writing of the Local Planning Authority.
11. The areas shown on the submitted plans for parking/loading and unloading of vehicles for the development or any individual phase, shall be provided before the buildings are occupied and subsequently retained and kept available at all times for their intended purpose.
12. No equipment, raw materials, finished or unfinished products or parts, crates, packing materials or waste shall be stacked or stored on the site at any time except within any buildings or storage areas shown on the approved plans.
13. No development on the site shall commence until details of the foul water drainage system and surface water drainage system, including sustainable drainage systems and source control measures, and an implementation programme have been submitted to and approved by the Local Planning Authority in writing. The scheme shall be constructed in accordance with the agreed details and timetable.
14. No works pursuant to this permission (including site preparation, site clearance, demolition, pile-driving and construction work) on the site shall commence until a detailed Construction Environment Management Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved Construction Environment Management Plan unless the developer obtains the express written consent of the Local Planning Authority to do otherwise.
15. No development within the area covered by the application site shall commence until full details of the measures proposed to secure a carbon neutral building design, including proposals for the incorporation of renewable energy technologies where practicable at the site or the use of the renewable energy from off-site sources, has been submitted to and approved in writing by the Local Planning Authority. The development, or any individual phase thereof, shall be implemented in accordance with the approved details, unless the developer obtains the express written consent of the Local Planning Authority. An independent Assessor’s Report on compliance shall be submitted to the Local Planning Authority within two months of the completion of the development or any phase thereof, whichever is the sooner.
16. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme.
17. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out in accordance with the programme agreed with the Local Planning Authority. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation.
18. All trees on the site, unless indicated as being removed on a plan submitted to and approved in writing by the Local Planning Authority, shall be retained and protected in accordance with British Standard BS: 5837: Trees in Relation to Construction - Recommendations for the duration of works on the site and for five years following practical completion of the approved development, unless otherwise agreed by the Local Planning Authority. Any trees removed without the Local Planning Authority's consent, or which die or become seriously damaged or otherwise defective during the five year period shall be replaced and/or shall receive remedial action as required by the Authority (unless such action would conflict with the Retained Woodland Management Plan pursuant to Condition 9). Such works shall be implemented as soon as is reasonably practicable and, replacement planting shall be implemented by not later than the end of the following planting season, with trees of such size and species and in such number and positions as may be agreed with the Authority.
19. Details of any external lighting including floodlighting to be installed shall be submitted to, and approved in writing by, the Local Planning Authority before any such installation is carried out. The details, including an implementation programme, shall accord with E1 Environmental Zone (ILE 2005) and British Standard guidance (BS 5489-1:2003; BS EN 1302-2:2003; BS EN 13201-3:2003).
20. No works pursuant to this permission (including site preparation, site clearance, demolition, pile-driving and construction work) shall commence until a Wildlife Management Plan including long term objectives, management responsibilities, maintenance schedules and measures to protect and enhance flora and fauna within the site boundaries during the pre-construction, construction and post-construction phases, has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out strictly in accordance with the approved Wildlife Management Plan, unless the developer obtains the express written consent of the Local Planning Authority.
21. The level of noise emitted from fixed plant and equipment on the site shall not exceed LAeqT = 45dB as measured at any residential property during 0700 to 2300 and LAeqT = 35dB as measured at any residential property during 2300 to 0700. The noise level shall be determined in accordance with British Standard 7445.
22. No sound reproduction equipment conveying messages or music which is audible outside the site shall be installed on the site without the prior written consent of the Local Planning Authority.
23. No development shall commence on site on any individual building or phase of development until a schedule and samples of the materials and finishes for the building(s) have been submitted to and approved in writing by the Local Planning Authority. The development shall then proceed in accordance with the approved details.
24. No development shall commence on site on any individual building or phase of development until a schedule of the surfacing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall then proceed in accordance with the approved details.
25. No development shall take place until the applicant has implemented the recommendations outlined in the Environmental Statement for an archaeological watching brief to be conducted on areas where previously undisturbed deposits may exist. This will be subject to the submission to and approval in writing by the Local Planning Authority of a written scheme of investigation.
26. A scheme detailing the provision to be made on site for cycle parking facilities, including their specification and siting, shall be submitted to and approved by the Local Planning Authority in writing before development of any particular phase commences. The agreed details shall be fully implemented before the buildings in that phase are occupied and the cycle parking facilities shall thereafter be retained for their intended purpose.
27. A scheme detailing provision to be made on site for bus facilities, including bus stops, waiting areas and information boards (including facilities to receive and display Real Time Passenger Information), shall be submitted to and approved by the Local Planning Authority in writing before development commences. The agreed details shall be implemented to a timetable contained within the approved scheme.
28. The level of noise emitted from the site shall not exceed 42dB LAeq8hr between 2300 and 0700 hours the following day and 55dB LAEQ16hrs between 0700 and 2300 hours as measured at one metre from the façade of any residential property. The measurement shall be made in accordance with British Standard 7445.
29. Before the development hereby permitted commences a scheme of Acoustic Attenuation works along the A327 Minley Link as shown on drawing number 2323/PL/052 Rev E or such alternative means of noise attenuation designed to satisfy the Minimum Attenuation Values set out in the table below shall be submitted to and agreed by the Local Planning Authority. The approved scheme shall be carried out prior to the first occupation of any part of the development.
Overall Traffic Noise Level,
LA10,1 hr (02:00 – 03:00)
Location (at first floor level)
Without Scheme
With Scheme
With Mitig'n
Minimum Attenuation
Values
A – Lyndsey Close (E)
58.0
63.3
58.5
4.8
B – Lyndsey Close (W)
58.0
62.7
59.3
3.4
C – Howard Drive
57.0
60.0
58.3
1.7
D – Fennel Close
60.8
66.2
61.4
4.8
E – Broadhurst
57.9
61.2
59.0
2.2
F – Herbs End (S)
61.7
66.2
62.6
3.6
G – Herbs End (Mid)
61.2
64.5
62.2
2.3
H – Herbs End (N)
61.5
64.4
62.5
1.9
J – Baywood Close
63.2
64.4
64.3
0.1
30. Before the development hereby permitted commences a scheme shall be agreed with the Local Planning Authority which specifies the provisions to be made for the control of noise emanating from the site. The development shall be operated in accordance with the approved scheme.
31. No development shall take place on the site until full details of the footpath link which connects the southern spur of Bramshott Road with New Ively Road have been submitted to and approved in writing by the Local Planning Authority. The footpath link shall be completed in accordance with the approved details before any part of the development hereby permitted is first occupied.
