Case Reference: 3238203

Appeal Decision
Inquiry held between 21 and 23 January 2020
Site visit made on 23 January 2020
by Mark Dakeyne BA (Hons) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 10 March 2020
Appeal Ref: APP/X0360/W/19/3238203
Land to the south of Cutbush Lane, Shinfield, Berkshire RG2 9AG
• 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 [APPELLANT] against the
decision of Wokingham Borough Council.
• The application Ref 181499, dated 24 May 2018, was refused by notice dated 25 June
2019.
• The development proposed is full planning application for the erection of 249 dwellings,
new public open space, landscaping, surface water attenuation, access and associated
works.
Decision
1. The appeal is allowed and full planning permission is granted for the erection of
249 dwellings, new public open space, landscaping, surface water attenuation,
access and associated works at land to the south of Cutbush Lane, Shinfield,
Berkshire RG2 9AG, in accordance with the terms of the application, Ref
181499, dated 24 May 2018, subject to the conditions set out in the attached
schedule.
Procedural Matters
2. The proposed development falls under Schedule 2 Category 10 of the Town and
Country Planning (Environmental Impact Assessment) Regulations 2017 as an
urban development project exceeding the thresholds and criteria in Schedule 2
of the Regulations. An Environmental Statement was submitted by the
appellants following the obtaining of screening and scoping opinions from the
Council.
3. The Environmental Statement complies with the above Regulations. The
information provided is sufficient to enable the environmental impact of the
proposed development to be assessed. The contents of the statement,
comments received on it and all other environmental information submitted in
connection with the appeal, including that given orally at the inquiry, have
been taken into account in arriving at this decision.
Main Issues
4. The application was refused for four reasons. The Statement of Common
Ground (SOCG) between the appellants and Wokingham Borough Council
(WBC) records that three of the reasons for refusal are unlikely to remain as
matters of dispute between those parties. Specifically, reason for refusal 2
relating to affordable housing has been withdrawn by WBC. It was anticipated
in the SOCG that reasons for refusal 3 (lack of obligations for infrastructure and
services) and 4 (mitigation measures relating to the Thames Basin Heath
Special Protection Area (SPA)) would be resolved by the completion of a legal
agreement under Section 106 of the 1990 Act (s106). A s106 was completed
shortly after the close of the inquiry. I return to the s106 later in this decision.
5. Having regard to this background, the main issues in this appeal are:
(1) The effect of the three storey apartments, play area and pumping station
on the character and appearance of the area; and,
(2) Whether the location of the play area and pumping station would create
a safe environment.
6. SOS Save Our Villages Residents Group (SOV) have been given Rule 6 status in
relation to the inquiry proceedings. SOV and others raise a number of matters
which were not covered by the main issues. These matters were discussed at
the inquiry and are dealt with in this decision.
Reasons
Planning Context
7. The appeal site comprises some 9.26 ha of improved grassland between the
eastern edge of the existing built-up area of Shinfield and the Eastern Relief
Road (ERR). Most of the site is contained by a drainage ditch and hedgerow on
its southern side, but a small portion extends beyond the hedgerow. That part
of the site to the north of the drainage ditch, where the housing would be built,
is allocated for residential development by the Wokingham Borough Core
Strategy (adopted January 2010) (CS) and the Wokingham Borough Managing
Development Delivery Local Plan (adopted February 2014) (MDDLP). Policy 1
of the Shinfield Neighbourhood Plan (SNP) includes the land to the north of the
ditch within the defined settlement limits. The land to the south of the
hedgerow, where a play area and pumping station would be located, is beyond
the settlement limits.
8. The principle of the housing development on the northern part of the site is
supported by Policy CP19 of the WBCS, Policy CC02 of the MDDLP, the SNP and
the ‘South of the M4 Strategic Development Location (SDL) Supplementary
Planning Document’ (SPD). The play area and pumping station are subject to
consideration against Policy CP11 of the WBCS, Policy CC02 of the MDDLP and
Policy 1 of the SNP which deal with proposals outside development limits.
Character and Appearance
Landscape Character
9. The appeal site straddles the Landscape Character Areas (LCAs) of the Loddon
River Valley and the Spencers Wood Settled and Farmed Clay as defined by the
WBC Landscape Character Assessment 2004. These LCAs provide a good
baseline for the quality and character of the landscape as a whole with the
latter recognising the suburban character of Shinfield and the other villages
within the SDL. However, in undertaking a localised assessment of the site and
its surroundings, the appellants note the strong relationship with adjacent
housing developments and that the ERR now forms a new defensible edge.
Taking into account recent development, the majority of the appeal site has a
low susceptibility to change, a low landscape value and, therefore, a low
landscape sensitivity.
Three storey apartments
10. The SDL SPD sets out some design principles and character typologies for
housing development within the SDL. The appeal site, as it lies on the edge of
Shinfield, is shown as being suitable for the ‘Village Residential’ and ‘Rural
Interface’ typologies. The former typology refers to occasional three storey
development as a built form which would be acceptable at key corners and
along important secondary streets.
11. Three storey apartments would be sited in two locations within the
development within an area shown indicatively in the SDL SPD for ‘Village
Residential’. Two splayed blocks of apartments would face towards the fairly
wide estate spine road where it turns south not far from the site entrance,
framing a triangular area of open space. Two further blocks would be splayed
at the intersection of a secondary street and east-west side road, framing a
view towards adjacent countryside. Therefore, the three storey apartments
would accord with the advice within the SDL SPD in terms of their location and
would be appropriately sited within the layout.
12. The most recent development in the vicinity, on land to the north of Cutbush
Lane, includes a number of buildings that exceed two storeys in height,
including 2 ½ storey houses fronting the main approach route from the ERR.
This route would continue across Cutbush Lane, into the appeal scheme, where
it would become the spine road. As such there would be some continuity
between the two developments in that taller buildings would front the main
route through the combined housing area.
13. The apartment blocks would be bulkier and have longer continuous ridge lines
than other buildings within the development and the taller buildings in the most
recent development to the north of Cutbush Lane. However, the bulk would be
broken up by the use of forward projecting balconies and robust vertical and
horizontal bands in contrasting materials on the front elevations. The roof line
would step down at one end of each block. From many viewpoints within the
development the blocks would be seen obliquely and as part of a kinetic
experience when passing through the development, and the articulation would
be more apparent than shown by the elevation drawings. These elements
would be assisted by the splayed form of the buildings.
14. There would be gaps between the end of the apartment blocks and other
buildings to allow views of other parts of the scheme and glimpses of the
countryside setting. The apartments would add to the variety of built form
within the development and would not look out of place. The more
contemporary form of the apartments, developed during discussions with the
Council, would be more successful than the traditional design used on the bulky
2 ½ storey apartments in Monarch Drive off Cutbush Lane.
15. The roof tops of the apartments would be visible from the ERR and open
countryside beyond. However, the higher buildings would form a relatively
small component of the overall roofscape. Moreover, in some views the roofs
would be seen against the backdrop of development on higher ground to the
north. Parts of the apartment blocks on the spine road would be visible from
Cutbush Lane but the roofs would appear to be no higher than the intervening
two storey development because of the fall in levels. The blocks would not
appear as a continuous frontage, as houses fronting the spine road would
break up the foreground. The three storey apartments would not appear
discordant from viewpoints outside the development.
Play area and pumping station
16. The play area and pumping station would lead to the development encroaching
into the northern section of the open field to the south of the proposed
housing. This specific area of the local landscape has a greater sensitivity to
change than the land to the north of the hedge but, because of the proximity of
the ERR and the adjacent housing, is still in a range of low to medium
sensitivity.
17. Whether or not the play area and pumping station would appear urban in
character would depend to a great extent on the detailed design of the play
area and the screening and softening effects that could be secured by
landscaping. In this respect the appellants have developed indicative proposals
showing predominantly timber play equipment with planting to the south and
east of the play space. A Multi-Use Games Area previously shown, which would
have had high metal fencing around it, would not now be included.
18. To my mind these revisions demonstrate an approach which recognises the
rural edge location. The scheme would still include surfacing and other hard
elements. However, views of the play area would be predominantly from the
south and east where proposed and existing housing would form the backdrop.
Landscaping would provide effective softening and screening within a few years
as demonstrated by recent planting that has taken place alongside the ERR.
The play area would be alongside a new footpath and cycleway which would
run along the whole length of the southern field and which itself would have
some urbanising effects.
19. Users of the permissive path would notice a significant change looking
southwards. The visual effects are described as substantially adverse from this
one receptor. However, the impacts would be very localised and over a short
distance. Moreover, users of the footpath would be cognisant of the housing
development to the north of the hedgerow.
20. I note that other play areas have already been located or are proposed on the
edge of developments in the SDL. In some cases, these are sited beyond the
development limits. That said, the effects on character and appearance vary.
For example, the play area to the east of the Orchard Rise development in
Three Mile Cross is separated from the open countryside by a hedgerow. In
respect of this issue, each case should be considered on its own merits. The
proposal before me would lead to a play area in a relatively conspicuous
location but, for the reasons stated, it would not be intrusive.
21. The proposals to lower the hedge, referred to below, would make the houses
beyond it more visible to those using the ERR and the countryside beyond.
However, existing housing within Shinfield is already a characteristic of views
looking west from the ERR. It would be more so when the northern field is
developed. Proposed planting would soften the views over time and would
create a less urban settlement edge.
22. The pumping station would be predominantly underground, albeit it would
include a small kiosk and would be surrounded by a 2m high palisade security
fence. The pumping station needs to be sited at the southern end of the
development so that it can pump foul water up the slope towards the receiving
treatment works to the north. This sort of utility infrastructure is not an
uncommon sight at the edge of developments. It would be small scale, above
ground elements would be dark green and it would be screened by planting
encircling the fencing, and the existing and proposed landscaping nearby.
Conclusions on character and appearance
23. In conclusion, the three storey apartments, play area and pumping station
would have acceptable impacts on the character and appearance of the area.
The landscape and visual effects of the proposal would not be significant. The
development would comply with Policies CP1 and CP3 of the WBCS and Policy 2
of the SNP and would be visually attractive in accordance with the National
Planning Policy Framework (the Framework).
Safe Environment
24. The play area would be on the edge of the development but would benefit from
surveillance from some 10 houses which would have their main front elevations
facing south. In addition, people would pass along the permissive path
between the hedgerow and the play area and the proposed pedestrian and
cycle route which would link the development with Arborfield Road and the
Suitable Alternative Natural Greenspace (SANG) beyond. The latest proposals
show that the hedge between the houses and play area would be maintained at
a height of about 1.2m. As the houses would be at a higher level, such
management of the hedgerow would allow those occupying the houses to look
over the play area.
25. The hedgerow is currently straggly and backed by brambles and scrub on its
northern side such that at points along its length it is difficult to see through it.
However, filling of the gaps and traditional layering of the hedgerow to a height
of 1.2m and clearing the undergrowth would allow people to look over it whilst
making it a more attractive feature. At the same time, it would retain its
biodiversity value.
26. The Council’s Play Space Design Guide recommends a buffer of 30m around a
Neighbourhood Equipped Area for Play (NEAP) and Youth Space. The proposal
would achieve the appropriate buffer whilst maintaining a reasonable degree of
surveillance. The play area would also include a Local Area for Play (LAP)
which are intended for younger children and require only a relatively small
buffer of some 5m.
27. Integration of the play areas within the development rather than siting them on
the edge would be an alternative option and is referred to in the Borough
Design Guide SPD and noted by the Secured by Design Consultant. It is often
the case that play areas, particularly the smaller type, are dotted through
developments. However, the Council itself stated a preference for the NEAP,
Youth Area and LAP to be sited together to assist with management and to
combine all publicly adopted open space in one location. The design would
allow mutual surveillance between the LAP and NEAP, where adults would be
more likely to be present with younger children, and the Youth Area. As
referred to above there are other examples within the SDL where facilities have
been combined on the edge of developments.
28. The siting of the play area would not result in active frontages along all sides of
the play area as referenced in the National Design Guide1 (NDG). However,
some informal oversight would be achieved. Most of the attributes referred to
in paragraph 107 of the NDG would be features of the play space, namely a
location that would be open and accessible to all communities; connected into a
movement network; and appealing to different groups.
29. Moreover, although not currently allocated, there is a possibility that
development will come forward on the southern field. Indeed, in 2017 the
Council’s Executive invited planning applications for housing on both fields. In
the event that development does progress to the south, the play area would be
well-placed to serve both developments and fully integrated with them.
30. I conclude that the location of the play area and pumping station would create
a safe environment. The place that would be created would be safe, inclusive
and accessible in accordance with paragraph 127 f) of the Framework.
Other Matters
Ecology
Appropriate Assessment
31. The development would be within a 5km linear distance of the Thames Basin
Heath SPA which was designated in 2005 because of its internationally
important populations of Dartford Warbler, Woodlark and Nightjar. Additional
recreational pressure from residents of new housing development, such as dog
walking, could lead to disturbance of birds. The combined effects of numerous
residential developments on the SPA are likely to be significant if no mitigation
is in place.
32. An avoidance strategy has been developed with Natural England to prevent
disturbance of the SPA. A key component of the strategy is the provision of
SANG. A further element of mitigation is a contribution to the Strategic Access
Management and Monitoring (SAMM) which is being implemented within the
SPA.
33. In relation to the appeal proposal, SANG would be provided by a portion of an
extension to the existing SANG known as The Ridge. The Ridge would be about
a 20-minute walk from the appeal site which would not be a significant distance
for recreational users, including dog-walkers. The SANG would also be easily
accessible by car. The extended SANG would provide sufficient capacity for the
appeal scheme. This, in combination with other existing and proposed SANG
and linking strategic green space around Shinfield, would ensure that there
would be no net increase in recreational pressure on the SPA.
34. In terms of the efficacy of SANG provision, flooding occurs on some of the land
designated as SANG within the SDL. However, The Ridge is not significantly
affected by flooding. Seasonal grazing by cattle occurs at The Ridge and other
SANG in the area, for conservation management reasons. However, a docile
breed is used. Research indicates that cattle grazing is not a significant
1 National Design Guide MHCLG October 2019
deterrent to visitors to SANG. In any event both cattle grazing and
occasionally flooded land contribute to the stimulating natural environment that
is required of SANG.
35. Having regard to the above, the development, either alone or in combination
with other plans or projects, is not likely to have a significant effect on the
integrity of the SPA. The SANG together with a contribution of about £40,000
towards SAMM would be secured by the s106. The s106 also includes a
contingency sum in the event that the Council is required to step in and
maintain the SANG. These provisions resolve the fourth reason for refusal and
ensure that the development complies with Policies CP3, CP7, CP8 and NRM6 of
the WBCS.
On-Site Ecology
36. The appeal site was subject to an ecological impact assessment which
concluded that, with mitigation, the proposals would not have any significant
effects for on-site ecology. Indeed, with biodiversity enhancements built into
the development, including planting, permeable boundaries, bird and bat boxes
and woodpiles, the development would deliver net gains for biodiversity in
accordance with paragraph 174 of the Framework. Several reptile surveys
have been undertaken in the area over the last few years, but these do not
reveal any significant populations of any reptile species.
37. Clearance of some on-site vegetation took place in early March 2019. Most of
the vegetation cleared was young nursery trees which were remnants of the
University of Reading horticultural research facility. The works were planned
by an ecologist who carried out pre-works checking for nesting birds, reptiles
and badgers. Therefore, although the works took place just within the nesting
season, necessary precautions were put in place.
Highway Safety
38. A SOCG between the appellants and WBC states that the Council raises no
objection to the proposals from a transport and highways perspective subject
to the imposition of conditions and the securing of contributions towards off-
site highway and transport improvements.
39. A number of highway improvements have been undertaken in connection with
the SDL, including in particular, works to the Black Boy Roundabout, Junction
11 of the M4, and the A327, and construction of the ERR. More localised
improvements at roundabouts and other junctions within the Shinfield area are
either underway or planned.
40. The Transport Assessment (TA) submitted with the application takes into
account all committed developments in the SDL i.e. more than the 2500 units
referred to in Policy CP19 of the WBCS. It also uses appropriate locally derived
trip rates. The TA indicates that some junctions in the area would operate
under stress as a result of the proposals, taking 2026 as the design year.
41. The s106 secures improvements to the ERR/Arborfield Road roundabout
(known as the Magpie and Parrot roundabout). Improvements to the
ERR/Thames Valley Science Park roundabout have already been agreed. There
is the scope to increase the capacity of the Black Boy Roundabout by removing
hatching so that four circulation lanes would be available. The M4 is currently
subject to a Smart Motorway upgrade which will increase its capacity. The
development would add to the amount of traffic on the highway network.
Queueing would still occur at some junctions and on some roads within the
area at peak hours. But the increase in the length of queues attributable to the
development, once planned improvements are undertaken, would be within
acceptable limits.
42. Other transport improvements have also been implemented, including the SDL
bus service which now benefits from the sustainable transport link between
Shinfield and Spencers Wood. The link should avoid the need for buses to use
the narrow central section of Hyde End Road where conflict has occurred
between buses and construction HGVs. The service is intended to operate in
the future with 3 buses an hour. A park and ride facility near to Junction 11 of
the M4 has been constructed.
43. The appeal site would have a pedestrian link to Oatlands Road which then
provides a walking route to the centre of the village. The footway/cycleway
link to Arborfield Road would provide a further potential connection towards the
village centre and the existing and proposed SANG in due course. A new
footpath has recently been provided parallel to Hyde End Road.
44. The s106 would secure contributions to the My Journey initiative which seeks to
encourage residents, employees and students to use modes of travel other
than the private vehicle. A bus services contribution is also included within the
s106.
45. The proposal would provide appropriate opportunities to promote sustainable
transport modes, achieve safe and suitable accesses for all users and would
mitigate any significant impacts from the development on the transport
network. There would not be an unacceptable impact on road safety or a
severe residual impact on the road network.
Flood Risk
46. The appeal site lies predominantly within Flood Zone 1. A small proportion of
the site towards the south-eastern corner lies within Flood Zone 2. However,
this flood risk would only affect the band of open space adjacent to the ERR
and would be compensated for by a minor regrading of the landform (a 200mm
depression) in the south-east corner.
47. Surface water attenuation within the site would ensure that run-off would not
exceed greenfield rates. This would result in the site having less impacts on
downstream catchments as run-off is currently uncontrolled. Foul water would
be pumped north so would not affect the Parrot Farm pumping station to the
south.
48. The standing water in gardens to the north of Cutbush Lane is probably
attributable to underlying clay. Bellway Homes, who developed the site,
propose remedial action. In relation to the appeal site, the appellants
acknowledge that the ground is not suitable for infiltration of surface water so
other suitable measures, including in relation to groundwater, would need to be
implemented.
Local Services and Infrastructure
49. New primary schools have been provided within the catchment. A new school
has been constructed on the western edge of Shinfield and is due to open later
in 2020. Secondary school capacity is to be increased at Bohunt School to the
south of Arborfield.
50. Swallowfield Medical Practice has a branch surgery in Shinfield. Shinfield
Health Centre lies in the village centre. There are currently three GPs based at
the centre, but the building has consulting rooms available for up to six. It is
understood that there have been difficulties in recruiting full-time GPs. Locums
have been used in the meantime. These factors have led to difficulties in
obtaining appointments. But this is not an issue which is peculiar to Shinfield
and would not be a reason to prevent development coming forward.
51. Education and health care infrastructure are covered by Community
Infrastructure Levy (CIL) contributions. The development would be liable to
CIL which could contribute to additional school places and health care facilities
required as a result of the development.
Other Issues
52. The development would be subject to some noise from the ERR. The noise
assessment submitted with the application indicates that noise levels within the
properties and garden areas would be within recommended guidelines. Noise
levels for existing housing to the west of the site would reduce as a result of
the intervening development.
53. The appeal site has been subject to ground investigation that identified that the
site has been used as farmland and for horticultural purposes with low levels of
contamination present. A single soil sample revealed some asbestos fibres, but
this is likely to be localised and would be subject to further investigation and
remediation. The issue of low-level radio-active material connected with the
National Institute for Research in Dairying appears to be related to activities
that took place on land to the west of Shinfield.
Planning Obligations
54. The s106 would secure 35% affordable housing through the provision of 87
dwellings on-site with a financial contribution of £24,000 equating to the
additional 0.15 of a dwelling. An additional contribution of £250,000 would be
made to offset the proposed variation in tenure compared to the requirements
of Policy CP5 of the WBCS2. The variation is supported by the Affordable
Housing SPD which notes that tenure should be agreed on a site by site basis
depending on housing need and site-specific and other factors. The
contributions would be used to provide affordable housing elsewhere in the
Borough.
55. An employment skills contribution of £60,000 would be secured in accordance
with Policy TB12 of the MDDLP and the Council’s Employment Skills Plan
Guidance for Developers.
56. The play area and some of the other open space within the development would
be adopted by the Council and a maintenance contribution would secure its
continuing provision in good order in accordance with Policies CP2, CP3 and
CP4 of the WBCS and Policy TB08 of the MDDLP. A need for outdoor sports
provision is generated by the development in accordance with Policy TB08 of
2 50% social rented and 50% shared ownership to be provided compared to 70% social rented and 30% shared
ownership referred to in Policy CP5
the MDDLP and Policy 10 of the SNP. This would be achieved by the s106
through provision of a cricket pitch and pavilion at The Manor which is within
walking and cycling distance of the appeal site.
57. As referred to above, the s106 would also secure obligations relating to My
Journey and bus services contributions, improvements to the Magpie and Parrot
roundabout, and SAMM and SANG provisions. The s106 also covers the
footpath/cycleway link to Arborfield Road; improvements to the footpath link
with Oatlands Road and the permissive footpath running parallel with the
southern hedgerow; the design specification for a new footway/cycleway along
part of the northern edge of Arborfield Road; reinstatement of the highway
following construction works; and a bond to cover the roads to be adopted
within the development.
58. The above obligations would resolve the third and fourth reasons for refusal;
are needed to address development plan policy requirements; make the
development acceptable in planning terms; are directly related to the
development; and are fairly and reasonably related in scale and kind to the
development.
The Development Plan and Planning Balance
59. As discussed earlier, the majority of the site is allocated for housing in the
development plan. However, that part of the development site encroaching
beyond the settlement limits needs to be considered against Policy CP11 of the
WBCS. The play area and pumping station do not constitute a rural enterprise
or countryside-based activity, so this aspect of the proposal fails against the
first criterion of Policy CP11. The play area is an essential community facility,
but it could be accommodated within the development limits (criterion 6). The
play area and pumping station would not erode the identity of settlements and
would maintain the quality of the environment which are the objectives of the
policy. But there would be conflict with Policy CP11. There would also be
conflict with Policy CC02 of the MDDLP as part of the proposal would not be
within the development limits.
60. However, the development plan should be considered as a whole. That part of
the development which would contain the housing itself complies with Policy
CP19 of the WBCS, Policy CC02 of the MDDLP and the SNP. The 2,500
dwellings referred to in Policy CP17 and elsewhere is not a ceiling and can be
exceeded if development and associated infrastructure is well planned, as is the
case here. There would be compliance with a raft of other generic
development plan policies, many of which are referred to above. As I have not
found any harm to character and appearance, there would be no conflict with
Policies CP1 and CP3 of the WBCS and Policy 2 of the SNP.
61. In considering the development plan as a whole I have taken into account the
reasoned justification for Policies CP11 and CC02 which imply that these
policies are mainly concerned with restricting built development away from
settlements. Indeed paragraph 2.7 of the MDDLP expressly distinguishes
between built and non-built development.
62. I note that the Officer’s report on the application did not identify any conflict
with the development plan, in assessing the proposal. Other schemes within
the SDL that have involved some encroachment of development beyond the
settlement limits have been dealt with in a similar way.
63. The scheme could be redesigned so that all the development lies within the
settlement limits. However, that is not the proposal before me. Moreover, I
have nothing before me to indicate what the implications of a redesign would
be for the number of houses provided, including affordable dwellings.
64. There are considerable social and economic benefits arising from the new
housing, particularly the affordable homes because of the acute need.
Although principally required for mitigation, some benefits would arise for
residents of Shinfield as a whole and the environment from the provision of
SANG, on-site and off-site open space, transport and highway improvements,
surface water mitigation and ecological enhancement. I have not found any
material harm in relation to the two main issues. The benefits of the
development would outweigh the adverse impacts arising from the conflict with
Policies CP11 and CC02. As a result, there would be compliance with Policy 1
of the SNP.
65. The proposal conforms with the development plan as a whole and should be
approved without delay.
Conditions
66. I have considered the conditions included in the SOCG against the advice
within the Framework and the Planning Practice Guidance. I have amended the
wording and combined some conditions as necessary so that the conditions
meet the relevant tests, are proportionate and avoid repetition.
67. I have imposed a condition relating to the approved plans for certainty.
Phasing is necessary to ensure the orderly delivery of the development and in
the interests of the living environment of existing and new residents. Details of
materials, levels, hard and soft landscaping, tree protection and landscape
management are required in the interests of the character and appearance of
the development and its surroundings.
68. Conditions requiring garages and spaces to be retained for parking and the
submission of a parking management strategy are necessary so that the
likelihood of roadside parking is reduced in the interests of highway safety and
the appearance of the development. Details of cycle parking, a walking and
cycling strategy and electric vehicle charging points are required to encourage
sustainable modes of travel. Conditions relating to visibility splays, the
construction of the roads and pavements and a construction environmental
management plan (CEMP) are needed in the interests of highway safety and
the living environment of existing and new residents.
69. Remediation is needed to ensure a safe living environment. Details of surface
water and foul drainage are required to reduce flood risk and prevent pollution.
Design details of the electric sub-station and pumping station are needed in the
interests of the appearance of the development and the future living
environment.
70. Ecological permeability, enhancement and reptile mitigation measures are
needed to achieve a net gain in biodiversity. Archaeological investigation
should be secured to ensure the recording of any remains of historic interest.
71. Conditions relating to phasing, electric charging points, visibility splays,
highway construction, the CEMP, levels, landscaping, tree protection,
remediation, drainage, ecology and archaeology need to be discharged pre-
construction as they are matters that require investigation or need to be in
place before works commence; or are details that will affect the layout. These
pre-commencement conditions have been agreed in writing by the appellants.
72. A condition removing permitted development rights for new windows is not
necessary as it is unlikely that occupiers would seek to alter the elevations as
constructed. Moreover, such rights should only be removed in exceptional
circumstances. None have been put forward. Rat and other vermin control
measures are covered by non-planning legislation.
Conclusions
73. For the above reasons the appeal is allowed subject to conditions.
Mark Dakeyne
INSPECTOR
Attached: Schedule of Conditions
SCHEDULE OF CONDITIONS
1) The development hereby permitted shall begin not later than 3 years
from the date of this decision.
Plans
2) The development hereby permitted shall be carried out in accordance
with the approved plans listed in the attached Schedule of Plans.
Phasing
3) Prior to the commencement of development, a strategy for the sub-
phasing of the development hereby approved shall be submitted to, and
approved in writing by, the local planning authority. The phasing
strategy shall define:
a) the development to be delivered within each sub-phase of the
development;
b) indicative timescales; and,
c) details of the coordination of housing and infrastructure delivery,
including triggers for delivery of infrastructure and the arrangements to
prevent interruption of delivery across sub-phase and phase boundaries.
Development shall be carried out in accordance with the approved
phasing strategy.
Materials and Boundary Treatments
4) Prior to residential development above finished floor level in respect to
each sub-phase as defined by condition no 3, samples and details of the
materials to be used in the construction of the external surfaces of the
buildings and external boundary enclosures (other than close boarded
fencing) shall have first been submitted to, and approved in writing by,
the local Planning authority. Development shall be carried out in
accordance with the approved details.
Permitted Development
5) Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) (England) Order 2015 (or any Order
revoking and re-enacting that Order with or without modification), the
garage accommodation on the site identified on the approved plans shall
be kept available for the parking of vehicles and cycles and ancillary
domestic storage to the residential use of the site at all times. It shall
not be used for any business nor as habitable space.
Parking, Transport and Highways
6) Prior to the first occupation of any dwelling, a Parking Management
Strategy that sets out how the use of on-street parking shall be managed
and controlled within different areas of the development, including
measures for managing and designating parking bays for visitor and
unallocated users, monitoring whether parking enforcement measures
are required, and responsibility for managing parking in both adopted
and privately maintained areas of the site, shall be submitted to, and
approved in writing by, the local planning authority. The development
shall be implemented in accordance with the agreed Parking Management
Strategy thereafter.
7) No part of any dwellings hereby permitted shall be occupied until the
vehicle parking and turning space serving that dwelling has been
provided in accordance with the approved plans. Thereafter, the vehicle
parking shall not be used for any other purpose other than parking and
the turning space shall not be used for any other purpose other than for
turning vehicles.
8) No part of any dwellings hereby permitted (with the exception of the
dwellings that have two on-plot allocated parking bays and a garage)
shall be occupied until details of secure and covered bicycle
storage/parking facilities serving that dwelling for the occupants of, and
visitors to the development, has been submitted to, and approved in
writing by, the local planning authority. The cycle storage/parking shall
be implemented in accordance with the approved details before
occupation of the development hereby permitted and shall be
permanently retained in the approved form for the parking of bicycles
and used for no other purpose.
9) Prior to the first occupation of any dwelling within the development, a
Walking and Cycling Strategy for the whole development linked to the
overarching South of the M4 Walking and Cycling Strategy, to
demonstrate connectivity between the site and the wider footpath and
cycle network, shall be submitted to, and approved in writing by, the
local planning authority. The development shall be implemented in
accordance with the agreed strategy thereafter.
10) Prior to commencement of development, an Electric Vehicle Charging
Strategy shall be submitted to, and approved in writing by, the local
planning authority. This strategy shall include details relating to on-site
electric vehicle charging infrastructure, including a plan showing at least
40% coverage of electric vehicle charging provision across the site in
accordance with Appendix E of the WBC Living Streets: Highways Design
Guide (2019), and details of installation of charging points and future
proofing of the site. The development shall be implemented in
accordance with the agreed strategy thereafter.
11) Prior to the commencement of the development, details of the proposed
vehicular accesses onto Cutbush Lane to include visibility splays of 2.4
metres x 43 metres shall be submitted to, and approved in writing by,
the local planning authority. The accesses shall be formed as approved
and the visibility splays shall be cleared of any obstruction exceeding 0.6
metres in height prior to the occupation of the development. Thereafter,
the accesses shall be retained in accordance with the approved details
and used for no other purpose. The land within the visibility splays shall
be maintained clear of any visual obstruction exceeding 0.6 metres in
height at all times.
12) Each dwelling shall not be occupied until pedestrian visibility splays of 2.0
metres by 2.0 metres serving that dwelling have been provided at the
intersection of the driveway and the adjacent footway. (Dimensions to
be measured along the edge of the drive and the back of the footway
from their point of intersection). The visibility splays shall thereafter be
kept free of all obstructions to visibility above a height of 0.6 metres.
13) Prior to the commencement of development, full details of the
construction of roads and footways, including levels, widths, construction
materials, depths of construction, surface water drainage and lighting,
shall be submitted to, and approved in writing by, the local planning
authority. The roads and footways shall be constructed in accordance
with the approved details to road base level prior to occupation of the
dwellings served by the approved roads and footways and the final
wearing course shall be provided within 3 months of occupation, unless
other variations are agreed in writing with the local planning authority
after the date of this permission and before implementation.
Construction Management Plan
14) Before the development hereby permitted is commenced, a Construction
Environmental Management Plan (CEMP) shall be submitted to, and
approved in writing by, the local planning authority. Construction shall
be carried out in accordance with the approved CEMP at all times. The
CEMP shall include the following matters:
a) details of construction accesses;
b) a construction travel protocol to encourage sustainable modes of travel
where practicable, or a Green Travel plan, for the construction phase
including details of parking and turning for vehicles of site personnel,
operatives and visitors;
c) loading and unloading of plant and materials;
d) storage of plant and materials;
e) programme of works (including measures for traffic management and
operating hours). No works on the site, including works of preparation
prior to building operations, shall take place other than between the
hours of 08:00 and 18:00 Monday to Friday and 08:00 to 13:00
Saturdays and at no time on Sundays or Bank or Public Holidays
f) piling techniques;
g) provision of boundary hoarding;
h) protection of the aquatic environment in terms of water quantity and
quality;
i) details of proposed means of dust suppression and noise mitigation;
j) details of measures to prevent mud from vehicles leaving the site
during construction;
k) details of any site construction office, compound and ancillary facility
buildings. These facilities shall be sited away from woodland areas;
l) lighting on site during construction;
m) measures to ensure no on-site fires during construction;
n) monitoring and review mechanisms;
o) implementation of the CEMP through an environmental management
system;
p) details of the haul routes to be used to access the development;
q) details of the temporary surface water management measures to be
provided during the construction phase;
r) details of the excavation of materials and the subsurface construction
methodology;
s) timings of deliveries to the site (not to exceed the hours of
construction as set out above);
t) details of mitigation measures for protected species to be applied; and,
u) appointment of a Construction Liaison Officer.
Levels, Landscaping and Trees
15) No development shall take place until a measured survey of the site and
a plan prepared to scale of not less than 1:500 showing details of existing
and proposed finished ground levels (in relation to a fixed datum point)
and finished roof levels has been submitted to, and approved in writing
by, the local planning authority. The scheme shall be fully implemented
in accordance with the approved plan.
16) Prior to the commencement of the development, full details of both hard
and soft landscape proposals shall be submitted to, and approved in
writing by, the local planning authority. These details shall include, as
appropriate, proposed finished floor levels or contours; means of
enclosure/boundary treatments; the equipment and structures within the
play area; car parking layouts; other vehicle and pedestrian access and
circulation areas; hard surfacing materials; and minor artefacts and
structure (e.g. furniture, refuse or other storage units, signs, lighting,
external services). Soft landscaping details shall include planting plans;
specifications (including cultivation and other operations associated with
plant and grass establishment); schedules of plants, noting species,
planting sizes and proposed numbers/densities where appropriate;
proposals for the hedge adjacent to the proposed play area; and an
implementation timetable.
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 or in accordance with a timetable approved in writing by 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, and permanently
retained.
17) No trees, shrubs or hedges within the site which are shown as being
retained on the approved plans shall be felled, uprooted, wilfully
damaged or destroyed, cut back in any way or removed without previous
written consent of the local planning authority; any trees, shrubs or
hedges removed without consent or dying or being severely damaged or
becoming seriously diseased within 5 years from the completion of the
development hereby permitted shall be replaced with trees, shrubs or
hedge plants of similar size and species unless the local planning
authority gives written consent to any variation.
18) A) No development or other operation shall commence on site until the
tree protection measures, as shown on the Arboricultural Method
Statement 37-1035.02 Sheets 1 & 2, are implemented in complete
accordance with the Approved Scheme for the duration of the
development, including (unless otherwise provided by the Approved
Scheme) all site preparation work, tree felling, tree pruning, soil moving,
temporary access construction, and any other operation involving use of
motorised vehicles or construction machinery.
B) No development (including any tree felling, tree pruning, demolition
works, soil moving, temporary construction access and any other
operation involving use of motorised vehicles or construction machinery)
shall commence until the local planning authority has been provided (by
way of a written notice) with a period of no less than 7 working days to
inspect the implementation of the measures identified in the Approved
Scheme on-site.
C) No excavations for services, storage of materials or machinery,
parking of vehicles, deposit or excavation of soil or rubble, lighting of
fires or disposal of liquids shall take place within an area designated as
being fenced off or otherwise protected in the Approved Scheme.
D) The fencing or other works which are part of the Approved Scheme
shall not be moved or removed, temporarily or otherwise, until all works
including external works have been completed and all equipment,
machinery and surplus materials removed from the site, unless the prior
written approval of the local planning authority has first been sought and
obtained.
19) Prior to commencement of development, technical details of the
trenchless thrust boring method within the Root Protection Area of
veteran tree 7010 shall be submitted to, and approved in writing by, the
local planning authority. The details shall demonstrate that there is
minimal disturbance of the tree. Development shall be carried out in
accordance with the approved details.
20) Prior to the occupation of any of the dwellings hereby permitted, a
landscape management plan, including long term design objectives,
management responsibilities, timescales and maintenance schedules for
all landscape areas, other than privately owned domestic gardens, shall
be submitted to, and approved in writing by, the local planning authority.
In addition, a maintenance schedule for measures to maintain ecological
permeability and/or provide biodiversity enhancement in the public open
space shall be included. The landscape management plan shall be carried
out as approved.
Environmental Protection
21) No development shall take place until a detailed remediation scheme that
describes how the site shall be made suitable for the intended use, has
been submitted to, and approved in writing by, the local planning
authority. The remediation scheme shall include the proposed
remediation objectives and remediation criteria, details of all works to be
undertaken, the timetable of works and site management procedures.
The remediation scheme shall ensure that the site cannot be declared as
being contaminated under Part 2a of the Environmental Protection Act
1990, in relation to the intended use, after remediation works are
completed.
22) The approved remediation scheme shall be implemented before other
groundworks or construction works commence unless a phased approach
has been agreed as part of the approved remediation scheme or unless
written approval has otherwise been given by the local planning
authority. The applicant or contractor shall give at least two weeks
written notice before remediation works commence. Following
completion of remediation works at the site, or upon completion of each
phase, a verification report shall be submitted to the local planning
authority for written approval.
23) If unexpected contamination is found at any time during development
this shall be reported in writing as soon as possible to the local planning
authority. An investigation and risk assessment shall be carried out, and
where remediation work is necessary, a remediation scheme shall be
prepared and submitted to, and approved in writing by, the local planning
authority. Following the completion of measures set out in the approved
remediation scheme and prior to occupation of any dwellings, a
verification report shall be submitted to, and approved in writing by, the
local planning authority.
24) Before construction of the electric sub-station commences a site plan,
floor plan, elevations and technical specification shall be submitted to,
and approved in writing by, the local planning authority. The technical
specification shall include a noise assessment and mitigation report
identifying any attenuation measures to ensure that the sub-station is
designed and insulated to mitigate against the noise produced by the
substation (whether directly or indirectly). The attenuation measures
shall be implemented, maintained and retained thereafter in accordance
with the approved details.
Drainage
25) No development shall take place until full details of the drainage system
for the site have been submitted to, and approved in writing by, the local
planning authority. The details shall include:
a) calculations indicating the Greenfield runoff rate from the site;
b) BRE 365 test results demonstrating whether infiltration is achievable
or not;
c) use of Sustainable Drainage Systems (SuDS) following the SuDS
hierarchy, preferably infiltration;
d) full calculations demonstrating the performance of soakaways or
capacity of attenuation features to cater for a 1 in 100 year flood event
with a 40% allowance for climate change and runoff controlled at 30 l/s,
or better;
e) calculations demonstrating that there shall be no flooding of pipes for
events up to and including the 1 in 100 year flood event with a 40%
allowance for climate change, or how any flooding shall be managed
within the site;
f) groundwater monitoring to confirm seasonal high groundwater levels;
g) a drainage strategy plan, indicating the location and sizing of SuDS
features, with the base of any SuDS features located at least 1m above
the seasonal high water table level; and,
h) details demonstrating how any SuDS for this development shall be
managed throughout the lifespan of the development and who shall be
responsible for maintenance.
26) No dwelling hereby permitted shall be occupied until
a) foul water drainage works which serve that dwelling have been
implemented in accordance with details that have been submitted to, and
approved in writing by, the local planning authority;
(b) details of the foul pumping station have been submitted to, and
approved in writing by, the local planning authority and implemented in
accordance with the approved details. The details shall include a site
plan, floor plan, elevations, fencing and technical specification. The
technical specification shall include a noise assessment and mitigation
report identifying any attenuation measures to ensure that the pumping
station is designed and insulated to mitigate against the noise produced
by the pumping station (whether directly or indirectly). The attenuation
measures shall be implemented, maintained and retained thereafter in
accordance with the approved details.
(c) confirmation has been provided that either:- all wastewater network
upgrades required to accommodate the additional flows from the
development have been completed; or a housing and infrastructure
phasing plan has been agreed with Thames Water to allow additional
properties to be occupied. Where a housing and infrastructure phasing
plan is agreed no occupation shall take place other than in accordance
with the agreed housing and infrastructure phasing plan.
Ecology
27) Prior to commencement of development full details of a strategy to
maintain the ecological permeability of the site (especially with regard to
reptiles, amphibians and hedgehogs) shall be submitted to, and approved
in writing by, the local planning authority. The strategy shall include:
a) details of measures to be applied to boundary treatments and
retaining walls;
b) details of measures to prevent entrapment of animals in the surface
water drainage scheme; and,
c) locations of the above measures within the detailed layout.
The mitigation and contingency measures contained within the strategy
shall be implemented in accordance with the approved plan.
28) Prior to commencement of development above finished floor level, full
details of a biodiversity enhancement strategy to provide a mixture of bat
boxes, bird boxes, hedgehog houses, and insect homes/habitat piles
suitable for priority species across the development site at a ratio of at
least 1 per 2 dwellings shall be submitted to, and approved in writing by,
the local planning authority. The measures contained within the strategy
shall be implemented in accordance with the approved strategy.
29) Prior to commencement of development, full details of a reptile mitigation
strategy shall be submitted to, and approved in writing by, the local
planning authority. The surveys, mitigation and contingency measures
contained within the strategy shall be implemented in accordance with
the approved strategy.
Archaeology
30) No development shall take place within the application area until the
applicant, their agents or successors in title have secured and
implemented a programme of archaeological field evaluation in
accordance with a written scheme of investigation (WSI), which has been
submitted to, and approved in writing by, the local planning authority.
The results of the evaluation shall inform the preparation of a subsequent
mitigation strategy which shall be submitted to, and approved in writing
by, the local planning authority prior to the commencement of the
development. The mitigation strategy will provide for:
i) a programme of site investigation and recording, or alternative
appropriate mitigation, within the area of archaeological interest.
Development will not commence within the area of archaeological interest
until the site investigation has been satisfactorily completed; and,
ii) a programme of post investigation assessment, analysis, publication,
dissemination and archiving. This part of the condition shall not be
discharged until these elements of the programme have been fulfilled in
accordance with the programme set out in the WSI.
Schedule of Plans
Document Document Ref Revision
Presentation Planning Layout 041611-BEL-TV-01 D
Supporting Layout 041611-BEL-TV-02 D
Storey Height Layout 041611-BEL-TV-03 C
Tenure Layout 041611-BEL-TV-04 D
Unit Type Layout 041611-BEL-TV-05 C
Location Plan 041611-BEL-TV-06 /
Materials Layout 041611-BEL-TV-07 D
Street Scene 02 041611-SS02 A
Street Scene 03 041611-SS03 A
Street Scene 04 041611-SS04 A
Street Scene 05 041611-SS05 A
Street Scene 06 041611-SS06 A
Street Scene 07 041611-SS07 A
The Potter – Brick Elevations PO-2B-2S-TB-E /
The Potter – Feature Brick Elevations PO-2B-2S-TF-E /
The Potter – Tile Elevations PO-2B-2S-TT-E /
The Potter – Floor Plans PO-2B-2S-P1 /
The Turner – Feature Brick Elevations TU-3B-2S-TF-E /
The Turner – Tile Elevations TU-3B-2S-TT-E /
The Turner – Floor Plans TU-3B-2S-P1 /
The Thatcher – Tile Elevations TH-3B-2S-TT-E /
The Thatcher – Floor Plans TH-3B-2S-P1 /
The Quilter – Brick Elevations QU-3B-2S-TB-E /
The Quilter – Feature Brick Elevations QU-3B-2S-TF-E /
The Quilter – Floor Plans QU-3B-2S-P1 /
The Mason – Brick Elevations MA-3B-2S-TB-E /
The Mason – Feature Brick Elevations MA-3B-2S-TF-E /
The Mason – Floor Plans MA-3B-2S-P1 /
The Scrivener – Brick Elevations SC-4B-2S-TB-E /
The Scrivener – Feature Brick Elevations SC-4B-2S-TF-E /
The Scrivener – Floor Plans SC-4B-2S-P1 /
The Scrivener – Tile Elevations SC-4B-2S-TT-E /
The Scrivener – Floor Plans SC-4B-2S-P2 /
The Milliner – Tile Elevations MI-4B-2S-TT-E /
The Milliner – Floor Plans MI-4B-2S-P1 /
The Bowyer – Tile Elevations BO-4B-2S-TT-E /
The Bowyer – Floor Plans BO-4B-2S-P1 /
The Weaver – Feature Brick Elevations WE-4B-2S-TF-E /
The Weaver – Tile Elevations WE-4B-2S-TT-E /
The Weaver – Floor Plans WE-4B-2S-P1 /
H20 – Tile Elevations 041611-H20-TT-E /
H20 – Floor Plans 041611-H20-P1 /
H30 – Brick Elevations 041611-H30-TB-E /
H30 – Feature Brick Elevations 041611-H30-TF-E /
H30 – Tile Elevations 041611-H30-TT-E /
H30 – Floor Plans 041611-H30-P1 /
Apartment Block 4 - Elevations sheet 1 041611-B4-E1 A
Apartment Block 4 - Elevations sheet 2 041611-B4-E2 A
Apartment Block 4 - Ground Floor Plan 041611-B4-P1 A
Apartment Block 4 - First Floor Plan 041611-B4-P2 A
Apartment Block 4 - Second Floor Plan 041611-B4-P3 A
Apartment Block 1 - Elevations sheet 1 041611-B1-E1 A
Apartment Block 1 - Elevations sheet 2 041611-B1-E2 A
Apartment Block 1 - Ground Floor Plan 041611-B1-P1 A
Apartment Block 1 - First Floor Plan 041611-B1-P2 A
Apartment Block 1 - Second Floor Plan 041611-B1-P3 A
Apartment Block 2 – Elevations sheet 1 041611-B2-E1 A
Apartment Block 2 – Elevations sheet 2 041611-B2-E2 A
Apartment Block 2 – Ground Floor Plan 041611-B2-P1 A
Apartment Block 2 – First Floor Plan 041611-B2-P2 A
Apartment Block 2 – Second Floor Plan 041611-B2-P3 A
Apartment Block 3 – Elevations sheet 1 041611-B3-E1 A
Apartment Block 3 – Elevations sheet 2 041611-B3-E2 A
Apartment Block 3 – Elevations sheet 3 041611-B3-E3 /
Apartment Block 3 – Ground Floor Plan 041611-B3-P1 A
Apartment Block 3 – First Floor Plan 041611-B3-P2 A
Apartment Block 3 – Second Floor Plan 041611-B3-P3 A
The Potter – Brick Elevations PO-2B-2S-CB-E /
The Potter – Floor Plans PO-2B-2S-P1 /
The Saddler – Brick Elevations 041611-SA-CB-E /
The Saddler – Floor Plans 041611-SA-P1 /
The Turner – Brick Elevations TU-3B-2S-CB-E /
The Turner – Tile Elevations TU-3B-2S-CT-E /
The Turner – Floor Plans TU-3B-2S-P1 /
The Thatcher – Tile Elevations TH-3B-2S-CT-E /
The Thatcher – Render Elevations 041611-TH-CR-E /
The Thatcher – Floor Plans TH-3B-2S-P1 /
The Quilter – Brick Elevations QU-3B-2S-CB-E /
The Quilter – Floor Plans QU-3B-2S-P1 /
The Mason – Brick Elevations MA-3B-2S-CB-E /
The Mason – Tile Elevations MA-3B-2S-CT-E /
The Mason – Floor Plans MA-3B-2S-P1 /
The Scrivener – Brick Elevations SC-4B-2S-CB-E /
The Scrivener – Floor Plans SC-4B-2S-P1 /
The Scrivener – Render Elevations 041611-SC-CR-E /
The Scrivener – Tile Elevations SC-4B-2S-CT-E /
The Scrivener – Floor Plans SC-4B-2S-P2 /
The Milliner – Brick Elevations MI-4B-2S-CB-E /
The Milliner – Floor Plans MI-4B-2S-P1 /
The Bowyer – Render Elevations 041611-BO-CR-E /
The Bowyer – Floor Plans 041611-BO-P1 /
The Philosopher – Brick Elevations PH-4B-2S-CB-E /
The Philosopher – Tile Elevations PH-4B-2S-CT-E /
The Philosopher – Floor Plans PH-4B-2S-P1 /
The Weaver – Tile Elevations WE-4B-2S-CT-E /
The Weaver – Floor Plans WE-4B-2S-P1 /
The Weaver – Render Elevations 041611-WE-CR-E /
The Weaver – Floor Plans 041611-WE-P1 /
H20 – Brick Elevations 041611-H20-CB-E /
H20 – Floor Plans 041611-H20-P1 /
H30 – Brick Elevations 041611-H30-CB-E /
H30 – Tile Elevations 041611-H30-CT-E /
H30 – Floor Plans 041611-H30-P1 /
Carport Type 01 – Elevations & Plan 041611-CP01 A
Carport Type 02 – Elevations & Plan 041611-CP02 /
Carport Type 03 – Elevations & Plan 041611-CP03 /
Garage Type 01 – Elevations & Plan 041611-GAR01 /
Garage Type 02 – Elevations & Plan 041611-GAR02 /
Garage Type 03 – Elevations & Plan 041611-GAR03 /
Garage Type 04 – Elevations & Plan 041611-GAR04 A
Garage Type 05 – Elevations & Plan 041611-GAR05 /
Sub Station – Elevations & Plan 041611-SUB01 /
Cycle Shed 01 – Elevations & Plan 041611-SH01 /
Cycle Shed 02 – Elevations & Plan 041611-SH02 /
Engineering Drawings
Document Document Ref Revision
General Arrangement Sheet 1 A106-RM-11 P6
General Arrangement Sheet 2 A106-RM-12 P6
Street Lighting Plan Sheet 1 A106-RM-15 P3
Street Lighting Plan Sheet 2 A106-RM-16 P3
Long Sections Sheet 1 A106-RM-21 P3
Long Sections Sheet 2 A106-RM-22 P3
Long Sections Sheet 3 A106-RM-23 P3
Long Sections Sheet 4 A106-RM-24 P3
Long Sections Sheet 5 A106-RM-25 P3
Long Sections Sheet 6 A106-RM-26 P3
Materials Plan Sheet 1 A106-RM-31 P6
Materials Plan Sheet 2 A106-RM-32 P6
Drainage Layout Sheet 1 A106-RM-51 P5
Drainage Layout Sheet 2 A106-RM-52 P5
Drainage Details Sheet 1 A106-RM-57 P6
Drainage Details Sheet 2 A106-RM-58 P6
Engineering Layout Sheet 1 A106-RM-61 P6
Engineering Layout Sheet 2 A106-RM-62 P6
Highway Construction Details Sheet 1 A106-RM-71 P2
Highway Construction Details Sheet 2 A106-RM-72 P2
Fire Tender Vehicular Tracking Sheet 1 A106-RM-81 P6
Fire Tender Vehicular Tracking Sheet 2 A106-RM-82 P6
Large Refuse Vehicular Tracking Sheet 1 A106-RM-83 P6
Large Refuse Vehicular Tracking Sheet 2 A106-RM-84 P6
Bus Vehicular Tracking Sheet 1 A106-RM-85 P5
Bus Vehicular Tracking Sheet 2 A106-RM-86 P5
Site Access Arrangement onto Cutbush A106-S278-101 P5
Lane – General Arrangement
Landscape
Document Document Ref Revision
ASP1 Location Plan 6454.SLP.01 A
ASP2 Site & Setting Plan 6454.SSP.02 A
ASP3 Landscape Designation Plan 6454.LDP.ASP3 A
ASP4 Landscape Character Plan 6454.LCP.ASP4 A
ASP5 Landscape Strategy Plan 6454.LSP.ASP5 I
ASP7 Play Space Details Plans 6454/ASP7 G
Trees
Document Document Ref Revision
Arboricultural Impact (Tree Loss) CC37-1035
Assessment
Tree Protection Plan & Arboricultural 37-1035.02 Sheets
Method Statement 1 and 2
APPEARANCES
FOR THE LOCAL PLANNING AUTHORITY:
Neil Cameron of Queens Counsel Instructed by Lyndsay Jennings, Solicitor for
Wokingham Borough Council
Matthew Dale-Harris of Counsel
They called
Fiona Jones BSc (Hons) BTP MRTPI Director, Cameron Jones Planning Ltd
For the round table discussions
Clare Wright MA Director, CB Wright and Associates Ltd
PG Dip (BRS) MRTPI
FOR THE APPELLANT:
Christopher Young of Queens Counsel Instructed by Nicholas Paterson-Nield
He called
Nicholas Paterson-Nield BA Director, Barton Wilmore
(Hons) MPhil MRTPI
For the round table discussions
Andrew Williams
Director, Define
BA (Hons) Dip LA Dip UD
CMLI
Peter Jones MIHT MTPS Transport Director, Abley Letchford Partnership
Benjamin Kite BSc (Hons) MSc Director, Ecological Planning & Research Ltd
CEcol MCIEEM
Leigh Abley HNC MIED MIHT
Director, Abley Letchford Partnership
FOR SSOS SAVE OUR VILLAGES:
Jim Frewin
Mark Chatfield
Richard Ingham
Andrew Grimes
INTERESTED PERSONS
Clive Jones
LIST OF PLANS AND DOCUMENTS SUBMITTED AT THE INQUIRY
ID1 Extract from Guidelines for Landscape and Visual Impact Assessment
ID2 Opening submissions of Wokingham Borough Council
ID3 Site Layout North of Cutbush Lane
ID4 Extracts from Proposals Map
ID5 SDL Concept Plan with Development Names
ID6 Walking Routes from land south of Cutbush Lane to Ridge SANG and Manor
POS
ID7 Letter from RPS Consulting dated 22 January 2020
ID8 Letter from Bellway Homes Ltd dated 22 January 2020
ID9 Closing statement of SOV
ID10 Closing submissions of Wokingham Borough Council
ID11 High Court Judgement - Sefton MBC v SOS for Environment, Transport and
Regions CO/2217/2001 EWHC 119 Admin
ID12 Court of Appeal Judgement – Stephenson v SOS for Environment 274 EG
1385 1388
ID13 Wavendon Properties Ltd v SOS for Housing, Communities and Local
Government [2019] EWHC 1524 Admin
ID14 Closing submissions of the appellants
ID15 Regina v Rochdale MBC ex parte Milne CO/292/2000
ID16 Suffolk Coastal v Hopkins Homes Ltd, Richborough Estates Partnership LLP v
Cheshire East Borough Council [2017] UKSC 37
ID17 E-mail from Benjamin Kite dated 23 January 2020
ID18 Letter from Barton Wilmore dated 22 January 2020