Item No by 5O41QET2

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									Item   Application No. and Proposal, Location and Applicant
No     Parish

(1)    03/01105/RESMAJ Demolition of piggeries, to create new boat basin and ancillary
       Hungerford.     facilities, including workshop, chandlery, overnight
                       accommodation and heritage museum.
                       Highclose Farm, Hungerford.
                       Mr A Holland.




Recommendation Summary:          The Head of Planning and Transport Strategy be
                                 authorised to approve the reserved matters
                                 submitted.

Ward Member(s):                  Councillors Gaines and Mole.

Reason for Committee             Major application and level of public interest.
determination:

Committee Site Visit:            11th December 2003.




 Contact Officer Details
 Name:                           M Butler
 Job Title:                      Principal Planning Officer.
 Tel No:                         (01635) 519111
 E-mail Address:                 Mbutler@westberks.gov.uk




                                           1

 West Berkshire Council        Downlands Area Planning Sub Committee               2 June 2004
 Site History

 Considerable – most recent and relevant.

 138792 – Permitted 24/06/93. Demolition of piggeries and creation of boat basin,
 chandlery and workshop etc.
 145012 - Outline Planning Permission granted on 14/03/02. As above but included
 heritage museum plus café.
 155756 - Permitted 18/09/01 Change of Use of piggeries to B1 use.
 01/02252 - Withdrawn 24/05/02 Proposed redevelopment of piggeries to 2077m2 of B1
 units plus marina car parking access and landscaping.

 Publicity of Application

 6 Neighbours notified.
 Press Advert – 10th July 2003.
 Site Notice Expired – 17th August 2003.
 Amended Plans Site Notice – 4 November 2003

 Consultations and Representations

Hungerford Town           Supports the application in principle but remains deeply concerned
Council:                  with the scale of the scheme, not in keeping with the character of
                          the AONB. This was noted as being a majority decision.

Froxfield Parish          In principle do not object to the marina. However concerned with
Council                   the overall scale of the scheme, which is not in keeping with the
                          character of the AONB. The outline planning permission should be
                          reviewed.

Highways:                 Conditional Permission - Highways agreement has already been
                          completed in relation to access works off the A4.

BBOWT                     Objects to the application –Visual impact, impact upon water
                          supplies, effect on local flora and fauna, increased light pollution.

GOSE                      Holding Direction placed upon the Council under Article 14 of the
                          GPDO instructing the Council not to issue a decision notice granting
                          approval of reserved matters until the Direction is removed. Letter
                          sent to the Council on the 16th of February 2004. Direction still in
                          place.
                          Planning Officer Note – if Members are minded to refuse the
                          reserved matters application this Direction does not apply.

Town and Manor            Express concerns with the scheme – local water resources are a
                          problem in that insufficient supply of water to canal in summer
                          months, pollution effects on the adjacent SSSIs, erection of fencing,
                          lighting, need evidence of safe method of waste disposal.

Wildlife Trust            Object – impact on SSSIs.

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 West Berkshire Council              Downlands Area Planning Sub Committee            2 June 2004
Minerals Officer          No objections - no safeguarding zone affected.
Public Protection         Conditional Permission.
Council                   No objections – site not of significance.
Archaeologist
Council Ecologist         Concerned with impact on SSSIs adjacent but understands that
                          outline permission has been granted.

Councils Tree             Amended plans required to indicate a full tree survey on the site
Officer                   and tree protection measures. This is covered by condition 12
                          attached to the outline planning permission.

Friends of                Objection – impact on SSSI - loss of tranquil area - precedent for
Freemans Marsh            infilling towards Hungerford, endorse all objectors concerns. An
                          Environmental Impact Assessment must be required.

CPRE –Wiltshire           Object to the scheme. Substantial incursion of commercial activity
Branch                    into an otherwise tranquil area. Impact upon water supplies. Effect
                          on local wildlife. Unfortunate precedent.

CPRE                      Object - similar grounds to the above. Also particularly concerned
                          with the light pollution which will result. To approve the application
                          would be contrary to well established policy to protect the
                          countryside and AONB. Loss of tranquil area and precedent. Impact
                          on local ecology.
                          Second letter sent in regarding the revised plans. Still objecting to
                          the application. Remains unsympathetic to its location.
                          Unacceptable intrusion into the AONB. Still contrary to policy. No
                          need for pub and restaurant. All buildings should be one storey.
                          Lighting should be minimal. Hard surfaces should not be tarmac.
                          Site should be well screened from the south.

Environment               Holding Objection on grounds of water supply problems, water
Agency                    quality will be affected, impact on water voles [a protected species]
                          impact on Freemans Marsh, increased boat traffic will affect
                          turbidity and water quality.

Ramblers                  Object on grounds of urbanising effect on local footways, blot on the
                          landscape, peace and tranquillity will be lost forever in this special
                          area.

Police Liaison            If approved suggest the applicants liaise with Police in order to
Officer                   improve local security on site.




                                                 3

 West Berkshire Council             Downlands Area Planning Sub Committee           2 June 2004
English Nature            Objections to the scheme. Concerned with the issue of the outline
                          consent (145012) which should be revoked. Notwithstanding this,
                          concerned with the water supply issues which will impact upon the
                          local SSSIs, the increased turbidity which will mean more pollution,
                          EIA needed.
                          Further letter of objection received addressed to the Chief
                          Executive – concerns with the delay in issuing the decision notice
                          on the outline permission.

Kennet District           Kennet welcomes the addition of new visitor attractions along this
Council                   stretch of the canal, but is concerned with the magnitude of this
                          proposal - thus strong reservations apply if approved.

Thames Water              No objections on water supply or sewerage grounds.
Council Landscape         Amended plans – content in principle that the scheme as it stands
Officer                   is now acceptable.

Rights of Way:            Support the application in principle - two additional paths on site
                          need to be created in order to replace the current permitted paths
                          which are in place of the illegally obstructed route due to the
                          piggeries.

Civil Service Angling Object as believe increase in boat traffic arising from this
Society               development will increase turbidity to the detriment of river quality
                      and aquatic life.

Correspondence:           36 letters of objection received. Concerned with the following –
                          impact on traffic, increased litter, noise and disturbance in an
                          otherwise tranquil area, precedent for infill between town and the
                          site, insufficient water supply in canal – will affect local properties,
                          impact on Freemans Marsh and other SSSIs in the locale, no need
                          for the boat basin and facilities. Furthermore the validity of the
                          original permission is questioned, an Environmental Impact
                          Assessment is required, the original permission should be revoked
                          or at least determination delayed. Queries the impact of Wells (ECJ
                          case) on the application. Effect on local water quality, impact on
                          protected species, light pollution will rise, impact on traffic on the
                          A4, waste disposal will be a problem.
                          10 additional letters of objection received on the revised plans.
                          Concerns of residents [some not local] essentially identical to the
                          above. Also concerned with diesel/oil spillage leading to a
                          downgrading of water quality, and impact upon local flora and
                          fauna. Some objectors concerned with the administrative process in
                          regard to the issue of the outline planning permission and the
                          planning history of the site itself.
                          Since January this year a further 16 letters of objection have been
                          received to the scheme. Concerns very much as above.




                                                 4

 West Berkshire Council             Downlands Area Planning Sub Committee            2 June 2004
Most relevant Planning Policies

PPG1 - General Policy and Principles
Berkshire Structure Plan 2001 to 2016 .March 2004. Policies EN1, EN3
Berkshire Structure Plan 1991 to 2006 Policies C7, EN8, EN9.
West Berkshire District Local Plan 1991 to 2006
Policies OVS2, OVS10, OVS11, ENV2, ENV9, ENV9A, RL4A, RL5.


Description of Development

The application site comprises former piggeries buildings on land to the south of the A4 to
the west of Hungerford. The total site area is 4.3 ha and extends to both the west and east
of the piggeries themselves to include open land and fields. To the south of the site lies
the Kennet and Avon Canal whilst to the north lies the existing Highclose Farm enterprise
site with farm shop. The whole area lies within the AONB landscape. The site slopes
gently to the south from the A4 down to the canal itself, beyond which lies Freemans
Marsh, a SSSI. Beyond this is the River Dun and the rail line to the West Country. There
are 4 dwellings to the east of the site and one to the west - Highclose Farmhouse itself.

The proposal is a submission of reserved matters pursuant to the outline permission
granting consent for the demolition of the piggeries in their entirety, plus an existing vacant
bungalow on site [an agricultural workers dwelling] and build a new boat basin for 120
berths which is sited to the eastern side of the site. The application before Committee is
thus the determination of matters relating to:
 Siting
 design
 external appearance
 landscaping
 access.

There will be a water access into the canal centrally located beyond which there will be a
chandlery and a two storey flat to serve the users of the boat basin. Immediately to the
west will be a restaurant plus 4 workshop units [Class B1 - light industrial] and then
beyond this a free-standing heritage museum developed on a north /south axis. Abutting
the canal itself there is to be a building for overnight accommodation, again for users of the
boat basin and visitors. There is to be an inner boat basin for amenity purposes and the
whole site is to have 123 vehicle parking spaces. Access will be off the A4 which will cut
off the existing lay-by adjacent to the site - this has been agreed within a highways
obligation agreed under the outline permission No.145012 [see planning history]. The site
is to be comprehensively landscaped and plans will be available at Committee to indicate
how this is to be achieved.

The buildings themselves will be a mix of single, one and a half storey and two storey
height of simple design. Materials are to be a mix of red multi stock facing bricks, clay
plain tiles for the roofs, timber double glazed windows, with timber balconies where
indicated. The roads are proposed to be tarmac but the applicants have been advised that
rolled hoggin will be more suitable in this rural location.



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West Berkshire Council            Downlands Area Planning Sub Committee            2 June 2004
In terms of the ground works proposed, a brief description of works has been submitted.
Whilst this outlines works, details will need to be submitted in accordance with condition 9
as stated at the end of this report.

Whilst this outlines works details will need to be submitted in accordance with Condition 9
proposed.

Consideration of the Proposal

The application will be considered under the following issues:-

1. - Background to the current application.
2. - Details submitted.
3. - Concerns of the objectors.

1. Background to the current application.

Members will be aware that application No. 145012 has been permitted in outline for this
particular scheme. Accordingly, planning permission has already been granted in principle
for the development before the Committee. All detailed matters were reserved. Since that
permission was formally granted in March 2002, the outline permission remains valid for 5
years after that date, with the submission of reserved matters required within 3 years of
the original date of consent. The application was first considered by the Council at
Committee in November 1994, where there was a resolution to grant permission subject to
two legal agreements. [For information a copy of the report to Committee relating to the
outline application is attached as Appendix 1 to this report].

The first agreement related to highway matters and ensured the closure of the lay-by
adjacent the site, the construction of a two-way access into and out of the site and the
construction of a ghost island within the central reservation of the A4 in order to facilitate
right turning vehicle movements, in the interests of highway safety. All these works are to
be carried at the developers’ expense.

The second agreement was made pursuant to s106 of the 1990 Act and ensured the
following –
1. Implementation of approved landscaping and maintenance thereafter.
2. Design and lay out a public picnic area.
3. Construct and maintain a sediment trap to ensure minimal pollution of the canal from
    the boat basin.
4. All residential accommodation on site to be used only in conjunction with the marina
    operation itself - this to include the caretaker’s house [now deleted from this
    application] the chandlery flat and the flat over the restaurant.
5. At no time should the number of bedrooms on the site exceed 36 and these can only
    be used in conjunction with the marina.
6. The workshops to be used only in connection with the marina use.
7. The boats on site not to be used for permanent residential use.
8. The boat moorings not to exceed 120 in number.
9. The craft centre to be no more than 1200m2 in extent, be in B1[c] use and must not
    exceed 300m2 per unit.



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West Berkshire Council             Downlands Area Planning Sub Committee           2 June 2004
The applicants have endeavoured to follow closely the indicative plans submitted at the
outline stage. Members will be able to view the amended plans requested by the planning
officer which has both reduced the height of the accommodation block, so reducing its
impact upon the canal, and bringing the Heritage Museum into the commercial curtilage
proper of the scheme in order to retain the natural tree boundary to the west in its entirety.
The car parking lay out has also been revised in accord with the highway officer’s
requirements.

2. Details submitted.

Condition No. 1 of the outline permission sets out the five reserved matters which need to
be considered under this application.

A SITING

The principal buildings are all to be located on the site of the former piggeries which are
situated within a natural depression in the land form, well screened to the west by the
mature tree belt and the proposed new landscaping on the northern boundary. The
caretaker’s cottage to the east of the site has since been deleted from the current scheme
reducing potential impact upon the closest existing house to the east – No. 136. On the
original submitted plans the new buildings were to be located around a central water
feature of the inner basin which would create a courtyard. However revised plans were
requested which have brought the heritage centre further into the site in an easterly
direction so retaining the existing mature tree screen to the west of the site which will now
form an effective visual backdrop. The inner basin has now been deleted and replaced
with a small courtyard lending a rustic air to the scheme. These buildings include the
museum, the craft centre, the accommodation block and inn/restaurant. The chandlery, is
located to the east of the courtyard immediately adjacent to the principal boat basin itself.
The majority of the new car parking is located between the courtyard and the A4 to the
north but will be well screened by both the fall in levels and the existing mature vegetation
present. 15 car parking spaces are to be located to the east of the site to serve the boat
basin directly but these will be visually contained by both existing vegetation and the
proposed landscaping. There is a good physical separation between this small area of car
parking and the existing dwelling sited further to the east. The boat basin itself is to be
located to the east of the main complex of buildings in what is a small low-lying field at
present. The canal “breach” will be centrally located on site, to the west of the main boat
basin.

In conclusion, it is considered details of the siting make best use of the contours of the site
and existing built form, and are acceptable.

B DESIGN

The proposed buildings are of a vernacular character, reminiscent of rural barns, and not
incongruous in their open surrounds. The design is considered attractive, yet simple, with
appropriate materials as noted above. The dimensions of all the buildings will be as follows
- the chandlery - 7.4m to ridge, 26m length and 7m width. The museum is to be larger at
13m to ridge with a 52m frontage, forming the visual stop on the western edge of the
courtyard and is considered acceptable in this instance as well as providing sufficient
internal floorspace for the museum to display large agricultural machinery. The
accommodation block is to be 9.6m high. Its siting and design are especially important
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West Berkshire Council            Downlands Area Planning Sub Committee            2 June 2004
since it lies close to the canal. The workshops are to be single storey at 7.4m high to the
ridge and so will sit well into the general vicinity and be screened from the canal by the
more dominant accommodation block. The amended plans have reduced the height of the
accommodation block in order to ameliorate its visual impact upon the canal frontage.
Finally the restaurant will be predominantly single storey at 7m to ridge level, again with a
central atrium feature accommodating the flat above, to be 10m at its maximum. There is
to be glazing on these latter two units which will assist in relieving the elevations, although
subject to a condition regarding the reflectivity on the southern aspect.


In conclusion, notwithstanding the sensitive site in which the application is located, it is
considered that, within the constraints of not only the site but also that of the outline
permission, the architects have produced an attractive design which, if carefully
constructed, will compliment the area.




C ACCESS

The highways agreement accompanying the outline permission ensures that access to the
site will be satisfactorily accommodated in the approved plans with the proposed closure of
the lay-by and the provision of a ‘ghost island’ for right turning traffic. The latter is most
important given the high speeds experienced along this section of the A4. Therefore
access details are considered satisfactory and in line with the signed legal agreement
accompanying the outline permission.

Some objections have been made by local residents on traffic generation grounds.
However this is a matter for consideration at the outline stage and may not be reviewed at
this stage. Highways issues cannot therefore be revisited by Members at this time. What is
for consideration is the detail of the access arrangements. It is understood that the
Council Highways Officer is happy with the internal arrangements and the
recommendation of the Highway Officer is for conditional approval.

D LANDSCAPING

The applicants have submitted a comprehensive scheme for landscaping the site. These
have been sent to the Council’s specialist and her comments are as follows:-

The key landscape issues to be considered are:-

The impact on the wider landscape of the North Wessex Downs AONB.
Retention of the small scale intimate riverine landscape character.
Assimilation of the scheme into the landscape.
Creation of a positive landscape asset in keeping with the local landscape character

Initially the Council’s Landscape Consultant was recommending refusal to the application
as it stood, on the grounds that the submitted landscape plans were not sufficiently robust
for this location. Amended plans have now been received which have alleviated these
concerns. Her conclusion is that the scheme is now well contained within the existing and
proposed new planting.
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West Berkshire Council             Downlands Area Planning Sub Committee            2 June 2004
Clearly it is important that the proposed buildings, the boat basin and the car parking are
all comfortably settled into their surrounds in an appropriate manner. The site lies in the
AONB, within classic rolling Downland countryside, associated with the River Kennet
Valley. Policies C7 in the Structure Plan and ENV2 in the Local Plan both seek to protect
the special character of the landscape from intrusive and harmful development. PPG7
also seeks to control new building in the countryside within such designations in order to
preserve the attractive tranquil features of the rural areas concerned and ensure any visual
impacts are suitably mitigated. Members will appreciate from the site photographs that the
site is currently well screened by mature trees on all boundaries e.g. willow to the south by
the canal and alders to the west plus a mixture of oak, hazel and hawthorn to the north
and also sits in a natural hollow/valley which assists in reducing its impact on the local
environment.

The Council’s Tree Officer has also had sight of the amended landscape plans and has
requested additional tree information to be produced with proper measures incorporated to
protect all the trees on site. These matters are already covered by condition 12 in the
outline permission and will need to be discharged before any building commences on site
if the current application is approved.

E   EXTERNAL APPEARANCE

The applicants are proposing to use the following external facing materials - facing brick,
clay plain tiles, timber joinery for the fenestration and a mix of gravel/hoggin and tarmac
plus paviors for the surface materials. These are traditional materials and are considered
to complement the design of the buildings as noted above. Therefore the external
appearance is considered to be acceptable, subject to the condition 14 of the outline
permission ensuring that samples are submitted for approval.




3. Other issues – concerns of objectors.

ENVIRONMENTAL IMPACT ASSESSMENT and REVOCATION.

Representations have been received from the public following the advertising of the
present application. These relate, in the main, to the granting of the existing outline
planning permission and in this respect are not relevant to the matters before this
Committee. Objectors have queried the requirement for an Environmental Impact
Assessment at this stage and have raised the issue of a European Court of Justice case
[“Wells]” which they maintain has a legitimate bearing on the reserved matters application.

The Council has received expert legal advice on this issue and is satisfied that the outline
application, when submitted, did not require an Environmental Impact Assessment under
The Town and Country Planning (Assessment of Environmental Effects) Regulations1988.
In addition, The Town and Country Planning (Environmental Impact Assessment) (England
and Wales) Regulations 1999 did not allow the Council to require an Environmental Impact
Assessment prior to the issuing of the outline consent.


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West Berkshire Council            Downlands Area Planning Sub Committee          2 June 2004
Furthermore, the expert legal advice has confirmed that under the law as it currently
stands, an Environmental Impact Assessment cannot be requested pursuant to this
reserved matters application and this remains the case in your officers' view, despite the
objectors' assertions to the contrary.

Many objectors have also requested the Council consider the revocation of the present
outline consent but again this is not relevant to the reserved matters application before
Members.

ECOLOGY

The objectors have also raised the issue of ecology. Policy EN8 in the Structure Plan and
Policy ENV9 in the Local Plan both address the need to protect local conservation sites
such as SSSIs. The Kennet and Avon Canal is a SSSI as is Freemans Marsh, which lies
immediately adjacent the application site. The effect on the River Dun is also of
importance. Concerns have been expressed in regard to impact upon water quality, the
effect on wading birds from dogs and the impact on water voles. English Nature have
been consulted on the application and have raised objections to the scheme as noted in
the consultations section. Essentially they are most concerned with the water supply
issues [i.e. demand increasing] and the water quality which will be impacted by the
increased turbidity caused by more boats on the canal. This in turn will impact upon the
local SSSIs which in ecological terms have both National and European Importance. The
Environment Agency also have a holding objection on the issues of water voles, water
quality and supply, impact upon the SSSI and increased boat traffic on the waterway.

However the above issues relate to the principle of development considered at the outline
permission stage. These objections have not been made specifically in relation to the
reserved matters under consideration by this Committee ie the siting of the buildings etc.

The issue of the provision of a sediment trap to improve water quality has been addressed
as a trap must be put in place during construction under the existing s106 agreement
referred to above.

Notwithstanding the local concerns, it is considered that issues relevant to the reserved
matters application before this Committee have been addressed.

WATER RESOURCES

There has been concern regarding the need to conserve water supply as much as
possible, especially in this section of the Kennet catchment. Navigation has had to be
restricted at certain times of the year. It is understood from British Waterways that if
sufficient works are undertaken then this issue can be satisfactorily resolved, otherwise the
Board is unlikely to grant the licence to breach the canal for the marina and the scheme
may not be implemented. The Environment Agency would also have control over any
abstraction licences.

NEED FOR THE SCHEME

In considering an application for reserved matters the question of need for a scheme is not
relevant. To do so is outside the terms of planning considerations at this stage.

                                             10

West Berkshire Council           Downlands Area Planning Sub Committee           2 June 2004
However the supporting text of Policy RL5 in the Local Plan [based upon Policy KA.7 in
the previous local plan] specifically includes Highclose Farm as an existing commitment for
boat moorings. Paragraphs 7.11.3 and 7.11.4 in the plan note that with this commitment
there will be no need to provide further moorings along the canal over the plan period.
Indeed an existing permission for 89 berths at Burghfield has recently lapsed and so the
position / need for more facilities within the District has therefore increased. British
Waterways are keen that such facilities are constructed in order to make best use of this
very significant recreational resource in the District to which considerable time and funding
has been invested. This is in accord with Policy RL5 noted above. Therefore,
notwithstanding the queries of objectors in regard to need, it is considered that it is logical
to make best use of existing commitments for such berths since not to do so would simply
place greater pressure on other sites along the canal which may be less suitable than
Highclose. It is also the case that from a strategic dimension the location of the current
scheme to the west of the District lies comfortably with the other main facilities in Newbury,
Aldermaston and Burghfield.

OTHER CONCERNS

Objectors have raised a whole range of other concerns, i.e., waste disposal, litter, light
pollution, means of enclosure, how materials will be excavated and/or deposited on site
which are dealt with by the conditions attached to the outline permission which will control
all these issues – i.e. Condition No. 4 relates to earth moving and deposit, Condition No. 5
to storage of refuse, Condition No. 6 to the control of advertisements [i.e. removal of
Permitted Development Rights], Condition No. 15 to fencing and Condition No. 17 to
lighting. Finally Conditions Nos.19, 20, 21 and 22 correspond to drainage matters which
include sewerage disposal. The applicant has not at this stage been requested for all this
detailed information, since the wording does not require approval until building
commences on site. It is also considered unnecessarily onerous to require detailed
information at this stage.

Conclusion

This application is acknowledged to be contentious given the location, scale and nature of
the scheme and the time that has elapsed since the outline application was first
considered at Committee. Members are reminded that this application is solely for the
determination of reserved matters on the basis that outline permission has already been
granted.

The reserved matter details are considered acceptable in officers' opinion. In addition the
reserved matters details are considered to satisfactorily accommodate objectors concerns
regarding the visual, landscape and ecological and planning matters that can be
considered at this stage. Members should also be aware that even if this application were
to be refused, the outline permission will still remain in place.



Full Recommendation

In the event that GOSE remove their Holding Direction, the Head of Planning and
Transport Strategy be authorised to approve and issue the reserved matters as submitted.

                                              11

West Berkshire Council            Downlands Area Planning Sub Committee            2 June 2004
In the event that the Direction remains in place at Committee, the Head of Planning and
Transport Strategy be authorised to inform the applicants that had the Council been in a
position to do so, the reserved matters would have been approved as submitted.

With the following conditions attached.

1. Nothing in this consent varies any of the approved conditions within permission No.
   145012 granted on the 14th March 2002, with the exception of Condition No. 3 -
   amended plans.

Reason – in the interests of clarity and the proper planning of the area.

2. The application hereby approved shall be built in accordance with the plans as listed –

    All project 3484.
    SL/02 Rev D 16/12/03
    Site Plan – rec. 10/06/03. –777/1001
    Landscaping plans - sl/03/b/-rec. 3/12/03
    All plans rec. on 31.10.03 Ga/06/a, ga/03 B, ga/04/B, ga/05 B, ga/01B, SL/05B,
    ga/02B.

Reason - to avoid doubt and in the interests of clarity.

3. Before any development commences on site a plan indicating the details of new
   footpath provision through the site shall be submitted in writing and approved by the
   local planning authority. This plan shall then be implemented to the satisfaction of the
   local planning authority in accord with those approved details. The footpath shall then
   be kept open to the public on a permanent basis.

Reason - to ensure local public rights of way are protected. In accord with policy R2 in the
Structure Plan and policy RL4A in the adopted local plan 1991 to 2006.

4     No development shall commence on land which is a public right of way until an
      application to divert the right of way under Section 257 of the Town and Country
      Planning Act 1990, has been made, in accordance with the approved drawings.

Reason - To protect the public right of way in accord with policy R2 in the Structure Plan
and policy RL4A in the adopted Local Plan 1991 to 2006.

5     Details of floor levels in relation to existing and proposed ground levels shall be
      submitted to and approved by the Local Planning Authority before development
      commences, and the development shall be carried out in accordance with the
      approved levels.

Reason - To ensure a satisfactory relationship between the proposed building and the
adjacent land to accord with policy OVS2 in the Local Plan 1991 to 2006.

6      Before development commences the applicants shall submit to the Local Planning
       Authority a scheme of works or such other steps as may be necessary to minimise
       the effects of dust from the development. Development shall not commence until
       written approval has been given by the Local Planning Authority to any such
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West Berkshire Council            Downlands Area Planning Sub Committee           2 June 2004
      scheme of works. Development shall at all times accord with the scheme of works
      so approved.

Reason - In the interests of the amenities of neighbouring occupiers, in accord with policy
OVS2 in the local plan.

7     The hours of work for all contractors (and sub-contractors) for the duration of the
      site development, shall unless otherwise agreed in writing by the Local Planning
      Authority be limited to; 7.30 am to 6.00 pm on Mondays to Fridays, 7.30 am to 1.00
      pm on Saturdays, and NO work shall be carried out on Sundays or Bank Holidays.

Reason - In order to protect the amenities of neighbouring residents to accord with policy
OVS2 in the Local Plan 1991 to 2006.

8 Before any building commences on site, plans indicating the provision of a turning head
  for vehicles at the closed off end of the lay-by [as proposed] and for a new footway link
  from the A4 into the site shall be submitted and approved in writing the local highway
  authority. The scheme shall then be implemented in strict accord with these plans to
  the satisfaction of the local planning authority.

Reason – in the interests of local highway and pedestrian safety in accord with Policy
TRANS2 in the Local Plan 1991 to 2006.

9 Prior to commencement of any development full details of the excavation deposition
  and regrading of materials removed in the construction of this development, including
  sections retaining walls, piling and method for sealing the basin shall be submitted to
  and approved in writing by the Local Planning Authority. The development shall be
  carried out at all times in accordance with the details so approved, unless otherwise
  agreed in writing by the Local Planning Authority.

Reason: To ensure that the finished topography is acceptable in visual terms and
development properly constructed to prevent continuing water loss from the river system in
accord with policy OVS2 of the Local Plan 1991-2006.




                                            13

West Berkshire Council           Downlands Area Planning Sub Committee          2 June 2004

								
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