Agenda and minutes

To approve as a correct record the minutes of the meeting of the Committee held on 22 September 2011.

RESOLVEDthat the minutes of the meeting of the Committee held on 22 September 2011

be approved as a correct record and signed by the Chairman.

Members are required to declare any personal or prejudicial interests and the nature of that interest, in respect of any matter to be considered at this meeting.

There were no declarations of interest.

Erection of part single storey, part two storey rear and side extension, loft conversion, dormers and porch, air conditioning units, external cladding of the building, provision of cycle and pram storage facilities, re-organisation and surfacing of car park.

A site visit had been held on Saturday 15 October 2011 which had been attended by Councillors Mrs Angell, Blatchford, Brossard, Ms Brown, Davison, Dudley and Finnie.

The Committee noted:

·   The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

·   The comments of Crowthorne Parish Council.

·   Eight letters of objection and two of support.

The Committee expressed concerns that the work carried out had significantly changed the character of the site and the development was out of keeping with the area.

Notwithstanding the recommendation of the Head of Development Management for approval, the Committee

RESOLVED that the application be refused for the following reason:

01.             The addition of cladding has changed the external appearance of the nursery so that it has become out of character and out of keeping with neighbouring properties in the locality and in the street scene, to the detriment of the visual amenity and local identity of the area.  The development is therefore contrary to the aims of the Character Area Assessments SPD (chapter 3 Crowthorne), and to Policy EN20 of the Bracknell Forest Borough Local Plan, to Policy CS7 of the Core Strategy Development Plan Document, and to Policy CC6 of the South East Plan.

The Head of Development Management, in consultation with the Chairman, had authority to authorise enforcement action and he advised the Committee that enforcement action would be taken.

Change of use of the Iron Duke PH to A1/A2 (shop/financial and professional services use) at ground floor with 2 no. one bedroom flats above and the erection of 12 no. 3 bedroom houses and 2 no. one bedroom flats fronting Church Street and on land to the rear with vehicular access from High Street and associated landscaping and parking following demolition of retail units at Old Bakehouse Court.

A site visit had been held on Saturday 15 October 2011 which had been attended by Councillors Mrs Angell, Blatchford, Brossard, Ms Brown, Davison, Dudley and Finnie.

The Committee noted:

·         The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

·         The comments of Crowthorne Parish Council.

·         13 letters of representation expressing concerns, but no objections raised to the principle of the development of this site.

RESOLVED that,

(i)        following the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to contributions towards:          

·         local open space/recreational facilities;         

·         built sports facilities serving the development;          

·         local primary/nursery school facilities;          

·         local youth facilities;

·         the integrity of the Thames Basin Heaths SPA; and

and an obligation to ensure that the use of the ground floor of the Iron Duke shall be converted to either retail (Use Class A1) or financial and professional services (Use class A2) and the use as a public house (Use Class A4) shall permanently cease before the first occupation of any of the dwellings hereby permitted;

the Head of Development Management be authorised to approve the application subject to the following conditions:-

01.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.                   

02.    The development hereby permitted shall be carried out only in accordance with the following approved plans and other submitted details received by the Local Planning Authority on 29th July 2007:                   

         P-01 C Topographic Survey     

         P-02 E Location Plan    

         P-03 F Proposed Site Plan  (received 28th September 2011) 

         P-04 C Units 1 - 3 & Flats Plans/Sections       

         P-05 C Units 4 - 11 Plans/Sections      

         P-06 C Unit 12 Plans/Sections

         P-07 B Iron Duke Pub Plans/Section   

         P-08 C Units 1 - 3 & Flats Elevations   

         P-09 D Units 4 - 11 Elevations

         P-10 C Unit 12 Elevations         

         P-11 B Iron Duke Pub Elevations         

         P-12 C Church Street Existing and Proposed Elevations        

         P-13 B High Street Existing and Proposed Elevations

         P-14 B Site Section A - Existing and Proposed           

         P-15 B Site Section B - Existing and Proposed           

         P-16 C Proposed Roof Plan     

         P-17 C Proposed Landscape Plan (received 28th September 2011) 

         P-18 C Proposed Services Plan (received 28th September 2011)                             

         (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans or details).                   

03.    The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the samples submitted on 26th July 2011 unless otherwise agreed by the Local Planning Authority in writing.     

04.    No dwelling shall be occupied until the existing vehicular access to the site from Church Street has been closed and a footway/ verge is provided over the closed access in accordance with details which have been submitted to and approved in writing by the Local Planning Authority; the footway/verge shall be retained thereafter.          

05.    No development (other than the construction of the access)  ...  view the full minutes text for item 40.

Erection of community centre/pavilion building, floodlit Multi-Use Games Area, 2 no. refurbished tennis courts, 57 space car park, recycling centre, play area (LEAP) and amenity space with associated paths and landscaping and vehicular access from Gibson Drive via Nicholson Park following demolition of squash courts building.

The Committee noted:

·         The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

·         The comments of the Crime Prevention Design Advisor, Bracknell Town Council and  the Environment Agency

·         18 letters of objection and two letters of comment but not specifically objections.

·         An objection from Ranelagh School Governing Body, which was subsequently withdrawn. 

The criteria for public speaking had been met in respect of this application and the Committee was addressed by the registered speaker, Mr Johann Appel, on behalf of The Parks residents’ Association, and Mr David Lander, on behalf of the applicant.

The Committee noted that the legal agreement allowed the applicant to decide whether the proposed community centre utilised Ramslade House or was a new build.  The Committee also noted that Sport England had raised no objection.

Councillor Kensall asked that it be recorded in the minutes that the three ward councillors shared residents’ concerns about the future of Ramslade House.

RESOLVED that, subject to the receipt of a Flood Risk Assessment, and confirmation that the Environment Agency raised no objection to it, the Head of Development Management be authorised to approve the application subject to the following conditions:-

01.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.    

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority:      

          - 10/017/010B – site plan       

          - 10/017/012 – community facility/pavilion building – floorplans        

          - 10/017/013A – community facility/pavilion building – elevations     

          - CSa/1196/113 Rev A – site plan     

          - CSa/1196/114 Rev B – hardworks proposals         

          - CSa/1196/115 Rev A – planting proposals 

          - CSa/1488/120A, 121A and 122B – tree pit details  

          - Outdoor Lighting Report (MMA Lighting Consultancy) Ref: MMA12324      

          (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans).        

03.     No development shall take place until samples of the materials to be used in the construction of the external surfaces of the community facilities/pavilion building hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.            

04.     All planting comprised in the soft landscaping works shall be carried out and completed in full accordance with the approved scheme, in the nearest planting season (1st October to 31st March inclusive) to the completion of the development or prior to the occupation of any part of the approved development, whichever is sooner, or as may otherwise be agreed in writing by the Local Planning Authority.  All hard landscaping works shall be carried and completed prior to the occupation of any part of the approved development. As a minimum, the quality of all hard and soft landscape works shall be carried out in accordance with British Standard 4428:1989 ‘Code Of practice For General Landscape Operations’ or any subsequent revision. All trees and  ...  view the full minutes text for item 41.

Proposed modification of recreational/sports and recycling facilities obligations in planning agreement dated 18 December 2003

The Committee noted:

·         The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

·         The comments of Bracknell Town Council, Sports England, Ranelagh School Governing Body, and local residents.

The criteria for public speaking had been met in respect of this application and the Committee was addressed by the registered speaker, Mr Ireson, Governor at Ranelagh School, and Mr David Lander, on behalf of the applicant.

There was much discussion about recommendation 2.1 A1 and the Head of Development Management advised the Committee that if the flood-lighting to the rugby pitch, clause 7.5.2, was not deleted from the agreement dated 18 December 2003, the applicant would not have to provide floodlighting to the multi-use games area.

RESOLVED that the Section 299a Planning Agreement dated 18 December 2003 and Undertaking dated 9 February 2009 be modified as follows:-

A.                                 Amend list of recreational/sports facilities (Clauses 7.5.1-7.5.8) to delete:

1.         floodlighting to be provided with the rugby pitch (clause 7.5.2)

2.         2 squash courts (clause 7.5.4)

3.         an area incorporating teenage play equipment (clause 7.5.7)          

The informal kickabout area (clause 7.5.8) to be changed to a Multi-Use Games Area (MUGA), and the MUGA to be provided with floodlighting, basketball nets and fencing and incorporate a teenage shelter. 

B.                                 Amend provision for two Recycling Centres within the site (clause 10) by:

1.         deleting the Recycling Centre intended for Phase 2 of the development; and

2.         having one underground waste Recycling Centre (now shown next to the community centre/sports pavilion car park)

Change of use from retail (A1 in Use Classes Order 1987 as amended) to ground floor 2 bed flat (Class C3 in Use Classes Order as amended)

The Committee noted:

·         The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

·         The comments of Winkfield Parish Council

·         Three letters of objection, all the objections of which have now been satisfied.

RESOLVED that ,

(i)           following the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to Open Space and Recreation, Primary Education; Library Facilities and Thames Basin Heath SPA Mitigation, the Head of Development Management be authorised to approve the application subject to the following conditions:-

01.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 18th September 2011:        

          'Plan for 25 Eastcote Place, Ascot'        

          (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans).   

03.    The unit shall not be occupied until a means of access for pedestrians to the side has been constructed in accordance with details which have been submitted to and approved in writing by the Local Planning Authority.

.        

Summary Of Reason(s) For Decision:

The following development plan policies have been taken into account in determining this planning application:

Bracknell Forest Borough Local Plan: Policy EN20 as it would be acceptable in terms of its impact upon the character of the area, and amenity of surrounding properties and adjoining area.

Policy EN22 which seeks to ensure there will be convenient access, parking space and facilities for people with disabilities.

Policy E8 which permits change of use of shop units (A1 use) where there is no adverse effect on the availability of local shopping facilities, and the site is located outside of defined shopping centres.

Policy M6 seeks to ensure that development will provide for safe, direct and well signed cycle and pedestrian routes.

Policy M9 which seeks satisfactory parking provision for vehicles and cycles.

Core Strategy Development Plan Document: Policy CS1 which seeks to ensure that development makes efficient use of land and buildings, reduces the need for travel, promotes a mix of uses, conserves water and energy use, supports the economic wellbeing of the population, protects and enhances safety, natural resources, character of local landscape and historic and cultural features.

Policy CS6 which seeks to ensure that development will mitigate adverse impacts upon communities, transport and the environment.

Policy CS7 which seeks to ensure that developments are of high quality design.

Policy CS14 which seeks to avoid an adverse impact upon the integrity of the Thames Basins Heaths Special Protection Area.

Policy CS23 which seeks to ensure the Council will use its powers to reduce the need to travel, and promote alternative modes, increase safety of travel and maintain and improve the local road network.

South East Plan: Policy CC6 which seeks development that will respect and enhance the  ...  view the full minutes text for item 43.

Section 73 application to allow amendment to design of 30 no. three-storey flats (and associated landscaping, parking and bin storage details) in phase 5 (plots 343-372) and to site levels of open space to south, without compliance with condition 01 of reserved matters approval 06/00573/REM.

The Committee noted:

·         The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

·         The comments of Bracknell Town Council.

·         A letter of objection from Ranelagh School Governing Body which was subsequently withdrawn

RESOLVED that

(i)            Subject to the receipt of a Flood Risk Assessment, and confirmation that the Environment Agency raises no objection to it

and the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to:

1.         Compliance with the covenants in the existing permission in regard to the proposed development as if the development had been implemented in accordance with the existing permission, and         

2.         A requirement that the owners advise the Council before commencement of construction of the new permission;

the Head of Development Management be authorised to approve the application subject to the following conditions:-

01.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.  

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans:

Site location plan: 11/011/010C

Planning site layout: 11/011/011D

Semi-basement floor plan: 11/011/012D

Ground floor plan: 11/011/013D

First floor plan: 11/011/014B

Second floor plan: 11/011/015A

Front and side elevations: 11/011/016B

Rear and side elevations: 11/011/017B

Roof layout: 11/011/018

Landscape proposals: CSa/1146/129A

Central Open Space Contour Plan CSa/1196/116B

(or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans).     

03.     No development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.     

04.     The development hereby permitted shall not be begun until details showing the finished floor levels of the buildings hereby approved in relation to a fixed datum point have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details. 

05.     No flat shall be occupied until a means of vehicular access has been constructed in accordance with the approved plans.        

06.     No flat shall be occupied until a means of access for pedestrians and cyclists has been constructed in accordance with the approved plans.     

07.     No flat shall be occupied until the associated vehicle parking has been surfaced and marked out in accordance with the approved drawing. The spaces shall thereafter be kept available for parking at all times.      

08.     The flats hereby approved shall not be occupied until cycle parking spaces have been provided in accordance with the approved plans. The cycle parking spaces and facilities shall thereafter be retained.    

09.     There shall be no restrictions on the use of the car parking spaces shown on the approved plan for the occupiers of, or visitors to, any of the buildings hereby permitted.        

10.  ...  view the full minutes text for item 44.

Erection of single storey side extension forming annex.

The Committee noted:

·         The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

·         The comments of Warfield Parish Council.

·         An additional letter of representation from the applicant’s agent

The Committee –

• appreciated that the officer’s recommendation contained within the report had been prepared in accordance with the Council’s planning policies;
• noted that if the proposed development had a flat roof it would not have required planning permission;
• the proposed development would accommodate the applicant’s elderly parent, though it was accepted that this was not a planning consideration;
• felt that the proposed development was acceptable if its use was restricted to being used in conjunction with the present accommodation.

The following informative would be included in the permission –

01.       The annexe accommodation shall be occupied for purposes ancillary only to the residential use of the dwellinghouse known as Oaklands Farm as secured by the S106 legal agreement.

Notwithstanding the recommendation of the Head of Development Management for refusal, the Committee

RESOLVED that

(i)         subject to the completion of a s106 agreement to secure the non-alienation of the annexe from the main house at Oaklands Farm, the Head of Development Management be authorised to approve the application subject to the following conditions: 

01.       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

02.              The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 25 August 2011:

            drawing nos. E, 3, 4, 2911/01 A and Planning Statement (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans).

03.       The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those of the existing building unless otherwise agreed in writing by the Local Planning Authority.

Summary Of Reason(s) For Decision

The following development plan policies have been taken into account in determining this planning application:

Core Strategy Development Plan Document Policies:

CS7 - which seeks to ensure that developments are of high quality design.

CS9 – which seeks to protect land outside of settlement for its own sake, particularly from development that would adversely affect the character, appearance or function of the land.

Bracknell Forest Borough Local Plan Policies:

EN8 which only permits development on land outside settlements where it would not adversely affect the character, appearance or function of the land, and would not damage its landscape quality, or where conspicuous from the Green Belt, would not injure the visual amenities of the Green Belt.

EN20 as it would be acceptable in terms of its impact upon the character of the area, and amenity of surrounding properties and adjoining area.

M9 which seeks satisfactory parking provision for vehicles and cycles.

South East Plan Policies:

CC6 – which seeks development that will respect and enhance the character and distinctiveness of settlements  ...  view the full minutes text for item 45.

Modifications to car parking at council offices, including pedestrian access to it, to facilitate use by the public (Regulation 3 application).

The Committee noted the comments of Bracknell Town Council.

RESOLVED that the application be approved subject to the following conditions:-

01.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 25 August 2011 and 30 September 2011:                   

          4295/181 Rev A, 182 and 183                

          (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans).   

Summary Of Reason(s) For Decision:

The following development plan policies have been taken into account in determining this planning application:

Bracknell Forest Borough Local Plan (saved policies)

EN20 – as it would be acceptable in terms of its impact upon the character of the area, and amenity of surrounding properties and adjoining area.

Core Strategy DPD

CS3 – which seeks to ensure that development within Bracknell Town Centre will contribute to the vision and function of the town centre.

(Please note that this is not intended to be an exhaustive list).

The following material considerations have been taken into account:

The proposal is considered to comply with BFBLP Policy EN20 and Core Strategy  DPD policy CS3.  The proposal will not adversely affect the character of the building or area. The planning application is therefore approved.

Formation of 6 no. additional echelon parking bays to existing lay-by (Regulation 3 application).

The Committee noted:

·         The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

RESOLVED that the application be approved subject to the following conditions:-

01.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 27 September 2011:           

          Drawing no. 4817/045 rev A       

          (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans).   

03.     The development shall not be begun until a scheme depicting hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of ground protection measures to be provided to avoid compaction to landscape areas during construction and a 3 year post planting maintenance schedule.        

          All planting comprised in the soft landscaping works shall be carried out and completed in full accordance with the approved scheme, in the nearest planting season (1st October to 31st March inclusive) to the completion of the development or as may otherwise be agreed in writing by the Local Planning Authority.  As a minimum, the quality of all hard and soft landscape works shall be carried out in accordance with British Standard 4428:1989 ‘Code Of practice For General Landscape Operations’ or any subsequent revision. All trees and other plants included within the approved details shall be healthy, well formed specimens of a minimum quality that is compatible with British Standard 3936:1992 (Part 1) ‘Specifications For Trees & Shrubs’ and British Standard 4043 (where applicable) or any subsequent revision.  Any trees or other plants which within a period of 5 years from the completion of the development, die, are removed, uprooted, are significantly damaged, become diseased or deformed, shall be replaced during the nearest planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved, unless the Local Planning Authority gives written consent to any variation. 

04.     The proposed knee rail fence shall be erected prior to the parking bays being brought into use and it shall be retained thereafter unless agreed otherwise in writing by the Local Planning Authority           

          REASON: To protect the landscaped and grassed areas.        

          [Relevant Policies: BFBLP EN20, CSDPD CS7]

Summary Of Reason(s) For Decision:

The following development plan policies have been taken into account in determining this planning application:

Bracknell Forest Borough Local Plan (BFBLP):

EN20 – Design considerations in new development

M9 – Vehicle and cycle parking

Core Strategy Development Plan Document (CSDPD):

CS7 – Design

(Please note that this is not intended to be an exhaustive list).

The following material considerations have been taken into account:

The proposed development will provide additional parking in an area where there is currently a shortfall of parking.  It will not unduly detract from the character of the area.  ...  view the full minutes text for item 47.

Article 4 Direction.

Whilst not a matter falling under the responsibility of the Planning Committee, the Committee noted the report of the Head of Management Development setting out the background to this matter in respect of requests to remove permitted development rights in respect of the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure on agricultural land at Ascot Place.  Although the Chief Officer: Planning and Transportation had delegated authority to make a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995, in this instance it was considered that the high level of local interest warranted the decision being taken by the Executive.