Agenda item

Members considered the following planning application report:-

Oral representations in support of the application were received from Mr Will Edmonds of  Montagu Evans LLP who spoke on behalf of the applicant.  Mr Edmonds reported that the current application before Members had addressed previous reasons for refusal.  The Western Housing had been reduced in number and size so that the development now stood in line with the listed building.  The soft landscaping proposals had also been increased.

The scheme complied with the desired minimum amount of development and the applicant’s improvements to secure optimal viable use of the site had been recognised by the English Heritage Inspector.

As previously suggested by Members, badger surveys were being undertaken.

The Tree Officer had confirmed that the proposal would not impact detrimentally on trees within and surrounding the site.

In conclusion Mr Edmonds stated that a sum of £200k would be provided as a S106 contribution.

In response to Member questions, Mr Edmonds reported that the watching brief would identify any potential issue concerning species of flora or protected animals and each matter would be dealt with appropriately.  Whilst Tree Officers were satisfied trees would not become a problem, a maintenance regime would be put in place.

The Council had accepted that there was not sufficient value in the scheme for the provision of on-site affordable housing.  The S106 figure had been evaluated as an appropriate sum for payment in lieu of such provision.

Oral representations from visiting Ward Member Councillor Reddin were received at the meeting.  Councillor Reddin was not entirely satisfied with the proposed scheme which would result in a reduction of open space.  He preferred to see no housing to the South West of the house.  However, the reduction in the number and size of the proposed Western Housing along with its realignment with the listed building, did result in a reduction of footprint.  The development would bring a new lease of life to the area and the proposed access to the grounds would allow members of the public to view an important heritage building.  In conclusion, Councillor Reddin considered it would be a shame to pass up an opportunity to see Hayes House restored to its former glory and was content for the application to be approved.

Ward Member Councillor Arthur commended the applicant’s effort in addressing previous concerns by organising public displays and discussing the application with members of the public.  He was pleased to note that the proposed public access would enhance the current views of the listed building.  The building and design materials complemented the natural surroundings of the area.  Councillor Arthur moved that the application be granted.

Councillor Buttinger seconded the motion for approval but requested that two of the recommended conditions be strengthened.  At a meeting of the Borough’s Countryside Panel (of which Councillor Buttinger was a member), concerns were raised in relation to the species of bat found on the site.  In this regard, the condition relating to bats should be strengthened to ensure they would not be disturbed by excessive light pollution.  As a survey to identify important species of fungi had proved to be inconclusive, it was necessary that a watching brief be undertaken on the main lawn area. 

The Chief Planner confirmed that the conditions relating to Councillor Buttinger’s concerns would be enhanced where necessary.  He also responded to the comments regarding the need to secure the restoration of the building by suggesting a widening to the scope of the Section 106 Agreement to ensure that the Listed Building restoration work was undertaken at a suitable stage of the development. 

Councillor Michael stated that although the proposed scheme would result in an improvement of the site, it was not ideal as she would prefer that no housing be established on the south west side of the area.  However, Councillor Michael was pleased with the proposed restoration of Hayes Court Grade II listed building. 

The Chief Planner confirmed that where necessary, trees would be removed and replaced as part of the overall landscaping scheme.  A buffer would also be established to encourage suitable tree and landscape management.

Members unanimously RESOLVED that PERMISSION BE GRANTED SUBJECT TO THE PRIOR COMPLETION OF A LEGAL AGREEMENT as recommended, subject to the conditions and informatives set out in the report of the Chief Planner with the following amendments:-

Section 106 Agreement

The S106 legal agreement is to include the provision of a financial contribution to healthcare and education infrastructure and an affordable housing provision. The agreement is to include public access to the site, a landscaped buffer falling outside of the residential curtilages with associated site management plan and restoration works to the Ice House. The agreement will secure the renovation and restoration of the Listed Building so that it shall be substantially completed prior to the first occupation of any dwellings (or a similar stage).

Conditions 35, 36 and 37

35 Details of a lighting scheme for the development designed to minimise where possible the impact on biodiversity, and particularly bats, in accordance with current or other appropriate guidance http://www.bats.org.uk/pages/bats_and_lighting.html, in particular avoiding any lighting of the surrounding vegetation of Hayes Common, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby permitted. The development shall be completed in accordance with the approved details and shall be permanently maintained as such thereafter.

Reason: In order to comply with Policy NE5 of the Unitary Development Plan and in the interest of any protected species present at the site.

36 Prior to the commencement of the development hereby permitted, the North Lawn as indicated within the Design and Access statement shall be assessed by a qualified fungal expert in late autumn and a brief of the findings submitted to the Local Planning Authority. Should any important species be found, the lawn shall be managed and treated permanently thereafter without the use of chemicals and in accordance with a suitable methodology outlined by the brief. The methodology shall be approved in writing by the Local Planning Authority prior to the commencement of the development.

Reason: In order to comply with Policies NE4 and NE5 of the Unitary Development Plan and in order to protect the health of any important species present at the site.

37 Prior to the commencement of the development hereby permitted, a watching brief shall be undertaken over the whole of the site by an experienced badger expert in order to assess for badger activity. The results of this watching brief shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of the development. The area where the current sett is sited, as outlined in the submitted Ecological Appraisal, should be protected from plant, materials and demolition.

Reason: In order to comply with Policy NE5 of the Unitary Development Plan and in the interest of protected species present at the site.