Agenda and minutes

To approve as a correct record the minutes of the meeting of the Committee held on 21 January 2016.

RESOLVED that the minutes of the meeting of the Committee held on 21 January 2016 be approved as a correct record and signed by the Chairman.

Any Member with a Disclosable Pecuniary Interest or an Affected Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.

There were no declarations of interest.

Any other items which, pursuant to Section 100B(4)(b) of the Local Government Act 1972, the Chairman decides are urgent.

There were no items of urgent business.

Demolition of existing buildings and redevelopment to form 51 Assisted Living apartments (C2 use) for frail older persons including communal facilities, parking provision and associated landscaping.

Demolition of existing buildings and redevelopment to form 51 Assisted Living apartments (C2 use) for frail older persons including communal facilities, parking provision and associated landscaping.

A site visit had been held on Saturday 16 January 2016 which had been attended by Councillors Brossard, Dudley, Finnie, Mrs Ingham, Mrs McKenzie, Mrs McKenzie-Boyle, Peacey, Phillips and Thompson.

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Crowthorne Parish Council

·         17 objections from separate addresses which are summarised in the agenda papers.

It was RESOLVED that following confirmation by the LLFA that an acceptable drainage strategy has been agreed, and the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 to secure a Travel Plan with associated monitoring, the Head of Planning be authorised to APPROVE the application subject to the following conditions amended, added to or deleted as the Head of Planning considers necessary:-

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

REASON:  To comply with Section 91 of the Town and Country Planning Act 1990.

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

            AA5438/SE-2073-001-AC-A-Site Location Plan 03.06.15

            AA5348/SE-2073-003-AC-G Ground Floor Plan 24.02.16

            AA5348/SE-2073-004-AC-E First Floor Plan 24.02.16

            AA5348/SE-2073-005-AC-E Second Floor Plan 24.02.16

            AA5348/SE-2073-006-AC-D Roof Plan 24.02.16

            AA5348/SE-2073-010-AC-B Elevation Sheet 1 18.11.15

            AA5348/SE-2073-011-AC-B Elevation Sheet 2 18.11.15

            AA5348/SE-2073-012-AC-B Elevation Sheet 3 18.11.15

            AA5348/SE-2073-014-AC-D Landscape Proposal 23.02.16

            Tree Protection Plan 8632/02 17.02.16

            REASON: To ensure that the development is carried out only as approved by the             Local Planning Authority.

03.  The premises shall be used for a residential care home for elderly people requiring personal care (including those with dementia) only (without any on-site staff residential accommodation) and for no other purpose (including any other purpose in Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

REASON: to ensure that the proposal does not increase recreational pressure on the Thames Basin Heaths SPA.

04.  No development shall take place until samples 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.                     

REASON: In the interests of the visual amenities of the area.                     

[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]

05.  The first floor windows shown in elevation 5 on the approved Elevation Sheet 1 hereby permitted shall not have the windows glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent). The windows shall be fixed shut with the exception of the top half being openable and retained as such.

REASON:  ...  view the full minutes text for item 121.

Erection of 12 apartments (6 x 2 bedroom and 6 x 1 bedroom) with associated access and parking following demolition of existing building.

Erection of 12 apartments (6 x 2 bedroom and 6 x 1 bedroom) with associated access and parking following demolition of existing building.

A site visit had been held on Saturday 20 February 2016 which had been attended by Councillors Brossard, Finnie, Hill, Mrs Mattick, Mrs McKenzie, Mrs McKenzie-Boyle, Peacey and Thompson.

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Binfield Parish Council

·         12 objections from residents of surrounding properties, which are summarised in the agenda papers.

The criteria for public speaking had been met in respect of this application and the Committee was addressed by the registered speakers Mr Huntsman representing local residents and Ms Temple, the agent representing the applicant.

It was RESOLVED that following the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 relating to:-

-       Measures to mitigate and avoid adverse impacts on the Thames Basin Heaths Special Protection Area

the Head of Planning be authorised to APPROVE the application subject to the following conditions amended, added to or deleted as the Head of Planning considers necessary:-

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

REASON:  To comply with Section 91 of the Town and Country Planning Act 1990.

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

                 Site location plan

                 01 B – Proposed site plan and street scene elevation

                 02 B – Proposed floor plans

                 03 A – Proposed elevations and sections 

          REASON: To ensure that the development is carried out only as approved by the         Local Planning Authority.

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.

           REASON: In the interests of the visual amenities of the area.

           [Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]

04.  The development hereby permitted shall not be occupied untildetails of a scheme of walls, fences, gates, screening to patios and any other means of enclosure has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the occupation of any of the buildings approved in this permission and retained therein.

REASON: - In the interests of the visual amenities of the area and to safeguard existing retained trees, hedges and shrubs and privacy of adjacent residential properties.

[Relevant Plans and Policies: BFBLP EN20, Core Strategy DPD CS7]

05.  The development hereby permitted shall not be begun until a noise survey has been conducted at the site to consider the impact of the traffic along the ramp next to No.4 St Marks Road. The survey and results shall be submitted to and approved  ...  view the full minutes text for item 122.

Erection of 1 no. 5 bed replacement dwelling and detached a garage and 2no.3 bed bungalows and garages to the rear of the site and construction of a new access road following the demolition of the existing bungalow and removal of existing commercial buildings and mobile home.

Erection of 1 no. 5 bed replacement dwelling and detached a garage and 2no.3 bed bungalows and garages to the rear of the site and construction of a new access road following the demolition of the existing bungalow and removal of existing commercial buildings and mobile home.

A site visit had been held on Saturday 20 February 2016 which had been attended by Councillors Brossard, Finnie, Hill, Mrs Mattick, Mrs McKenzie, Mrs McKenzie-Boyle, Peacey, Phillips and Thompson.

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Winkfield Parish Council

·         Six letters of objections from residents of surrounding properties, which are summarised in the agenda papers.

It was RESOLVED that following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:-

-       Measures to avoid and mitigate the impact of residential development upon the Thames Basin Heaths Special Protection Area (SPA).

That the Head of Planning be authorised to APPROVE the application subject to the following conditions amended, added to or deleted as the Head of Planning considers necessary:-

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

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans and other submitted details.                                              

0251/P/10A Proposed Site Layout - LPA received 20.10.15

0251/P/11A Plot 1- Floor Plans - LPA received 20.10.15

0251/P/12A Plot 2- Floor Plans - LPA received 20.10.15

0251/P/13A Plot 1- Elevations (west/north) - LPA received 20.10.15

0251/P/14A Plot 1- Elevations (east/south) - LPA received 20.10.15

0251/P/15A Replacement House - Ground Floor Plan - LPA received 20.10.15

0251/P/16A Replacement House - First Floor Plan - LPA received 20.10.15

0251/P/17A Replacement House Elevations 1 (south/east) - LPA received 20.10.15

0251/P/18A Replacement House Elevations 2 (north/west) - LPA received 20.10.15

0251/P/19    Site Layout Existing - LPA received 20.10.15

0251/P/20    Site Layout - vehicle track - LPA received 20.10.15

0251/P/20    Site Survey - LPA received 20.10.15

Contamination Assessment Report No 14/10062/KJC (January 2014)

Ecological Report (Dated 8th January 2016) - LPA received 11.01.16

          REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

03.     No development shall take place until samples of the materials to include brick sample panel, roof tiles, windows, doors, boundary enclosures and other hard surfaces 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.

          REASON: In the interests of the visual amenities of the area.

          [Relevant Policies: BFBLP Saved Policy EN20, CSDPD CS7]

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  ...  view the full minutes text for item 123.

Conversion of existing garage into habitable accommodation, erection of a first floor extension, external alterations to enable sub-division of existing four bedroom dwelling to create 1no. three bedroom and 1no. two bedroom dwellings.

Conversion of existing garage into habitable accommodation, erection of a first floor extension, external alterations to enable sub-division of existing four bedroom dwelling to create 1no. three bedroom and 1no. two bedroom dwellings.

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Bracknell Town Council

·         Three objections from residents of surrounding properties, which are summarised in the agenda papers.

A motion to authorise the Head of Planning to approve the application subject to conditions (and following the completion of a planning obligation) as recommended in the Officer report was put to the vote and was lost. An alternative motion to REFUSE planning permission was put to the vote and was carried.

It was RESOLVED that the application be refused for the following reasons:-

01.  By reason of its siting, size and bulk, the proposed development would result in a cramped form of development, which would appear incongruous in the street scene to the detriment of the visual amenity of the surrounding area. The development would therefore be contrary to Policy CS7 of the Core Strategy Development Plan Document. ‘Saved’ Policy EN20 of the Bracknell Forest Borough Local Plan and the National Planning Policy Framework.

02.  The occupants of the development would put extra pressure on the Thames Basin Heaths Special Protection Area and the proposal would not satisfactorily mitigate its impacts in this respect. In the absence of a planning obligation to secure suitable avoidance and mitigation measures and access management monitoring arrangements, in terms that are satisfactory to the Local Planning Authority, the proposal would be contrary to Policy NRM6 of the South East Plan, Policy EN3 of the Bracknell Forest Local Plan, Policy CS14 of the Core Strategy Development Plan Document and the Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document (2012).

Change of Use from Agricultural Building to Curling Rink (D2), formation of ancillary grassed parking area, erection of extension to barn, demolition of former piggery, new vehicular access, and landscaping.

Change of Use from Agricultural Building to Curling Rink (D2), formation of ancillary grassed parking area, erection of extension to barn, demolition of former piggery, new vehicular access, and landscaping.

A site visit had been held on Saturday 20 February 2016 which had been attended by Councillors Brossard, Finnie, Hill, Mrs Mattick, Mrs McKenzie, Mrs McKenzie-Boyle, Peacey, Phillips and Thompson.

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         22 letters of support and 36 letters of objection as summarised in the agenda papers.

It was RESOLVED that the deemed reasons for refusal as outlined in the report in the agenda papers be agreed in addition to reason 3, as agreed by the Committee;

01.  The proposed development would result in an unsympathetic development that would detract from the special character of the settings of the two Listed Buildings and the contribution they make to the heritage of the area.  The proposal would therefore be contrary to Policy EN20 of the Bracknell Forest Borough Local Plan, and Policies CS1 and CS7 of the Core Strategy Development Plan Document and guidance in the NPPF.

02.  Insufficient information has been provided to demonstrate that the proposed development would be SuDS compliant and there is therefore a risk of surface water flooding on and off the site. As such, the proposed development would be contrary Policy CS1 of the Core Strategy Development Plan Document, and the NPPF.

03.   The use of the proposed access point which is in close proximity to the access for the Meadowbrook Montessori School would adversely affect road safety and the flow of traffic. The proposal would therefore be contrary to Policy C23 of the Core Strategy Development Plan Document.

04.   The proposed curling rink use, plant equipment and car parking area by reason of its siting and proximity to the boundary with neighbouring properties would result in an unacceptable level of noise and disturbance to the detriment of the living conditions of neighbouring properties. The proposed development would therefore be contrary to ‘Saved’ Policies EN20 and EN25 of the Bracknell Forest Borough Local Plan.

Erection of replacement dwelling following the demolition of existing bungalow.

Erection of replacement dwelling following the demolition of existing bungalow.

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Sandhurst Town Council.

It was 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.               

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990.

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 10 November 2015 and 19 February 2016::         

          15/09/03

          15/09/04

          15/09/05

          Street Elevation

          REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

03.     No construction works shall take place until brick and tile samples 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.

REASON: In the interests of the visual amenities of the area.

[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]

04.     The first floor en suite window in south facing side elevation of the dwelling hereby permitted shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent). It shall at all times be fixed shut up to a height of 1.7m from the floor level.

REASON: To prevent the overlooking of neighbouring properties.

[Relevant Policies: BFBLP EN20]

05.     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) no additional windows, similar openings or enlargement thereof shall be constructed at first floor level or above in the north or south facing side elevations of the dwelling hereby permitted except for any which may be shown on the approved drawing(s).

REASON: To prevent the overlooking of neighbouring property.

[Relevant Policies: BFBLP EN20]

06.     No construction works shall take place until details showing the finished floor levels of the building hereby approved in relation to a fixed datum point 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.

REASON: In the interests of the character of the area.

[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]

07.     No part of the dwelling shall be occupied until a Sustainability Statement covering water efficiency aimed at achieving an average water use in new dwellings of 110 litres/person/day, has been submitted to, and agreed in writing by, the Local Planning Authority. The development shall be implemented in accordance with the Sustainability Statement, as approved, and retained as such thereafter.

          REASON: In the interests of sustainability and the efficient use of resources.

          [Relevant Policy: Core Strategy DPD CS10]

08.     No development  ...  view the full minutes text for item 126.

Erection of a part first floor, part single storey side and rear extension and a single storey rear extension for proposed family room.

Erection of a part first floor, part single storey side and rear extension and a single storey rear extension for proposed family room.

This application was withdrawn.

Erection of a part first floor, part two storey side extension and single storey rear extension.

Erection of a part first floor, part two storey side extension and single storey rear extension.

The Committee noted:

·         The comments of Bracknell Town Council

·         Three objections from residents of surrounding properties, which were summarised in the agenda papers.

It was 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.               

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990.

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 7 December 2015: 

          MJ/RW/01

          Block Plan

          REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

03.     The materials to be used in the construction of the external surfaces of the development hereby permitted shall be of similar appearance to those of the existing dwelling.

REASON: In the interests of the visual amenities of the area.

[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]

04.     The first floor window in west facing side elevation of the side extension hereby permitted shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent). It shall at all times be fixed shut up to a height of 1.7m from the floor level.

REASON: To prevent the overlooking of neighbouring properties.

[Relevant Policies: BFBLP EN20]

05.     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) no additional windows, similar openings or enlargement thereof shall be constructed at first floor level or above in the west facing side elevation of the side extension hereby permitted except for any which may be shown on the approved drawing(s).

REASON: To prevent the overlooking of neighbouring property.

[Relevant Policies: BFBLP EN20]

Change of use from Public House (Use Class A4) to Public House/Restaurant (Use Class A4/A3) with internal and external alterations and erection of part single-storey, part two-storey.

Change of use from Public House (Use Class A4) to Public House/Restaurant (Use Class A4/A3) with internal and external alterations and erection of part single-storey, part two-storey rear extension.

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Bracknell Town Council

·         Five letters raising material considerations which were summarised in the agenda papers.

It was 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.   

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990.

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 01.12.2015 and 04.02.2016

            PW.15008.D.101 Rev A

            PW.15008.D.120 Rev B

            PW.15008.D.121 Rev B

            PW.15008.D.127 RevB

            PW.15008.D.130 RevB

            PW.15008.D.131 RevB

            PW.15008.D.132 Rev A

            PW.15008.D.133 Rev B

            PW.15008.D.134 Rev B

            PW.15008.D.135 Rev C

            PW.15008.D.136 Rev B

            PW.15008.D.137 Rev C

PW.15008.D.138 Rev B

            REASON: To ensure that the development is carried out only as approved by the local     Planning Authority.

03.  No development (excluding demolition, ground works and repair works) shall take place   until details of the materials and finishes to be used in the construction of the external             surfaces of the extension building hereby permitted have been submitted to and           approved in writing by the Local Planning Authority. Details shall be provided for all            external materials including window glass, window-frames, all external joinery and roof             cladding materials. Development shall be carried out in accordance with the approved      details.

            REASON: To ensure that work is appropriate to the special architectural and historic        interest of the listed building.

            [Relevant Policies: BFBLP EN20, CSDPD CS1 and CS7]

04.     Notwithstanding what is shown on approved drawings or other approved documents, details of the method of joining the extension to the existing timber framed listed building shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of related work. Development shall be carried out in accordance with the approved details.     

      Reason: To ensure that the work is appropriate to the special architectural or historic interest of the listed building.

          [Relevant Policies: CSDPD CS1 and CS7]

05.       Notwithstanding what is shown on approved drawings or other approved documents,        details of all visible plant/services to the new      extension are to be submitted to and    approved in writing by the Local Planning Authority prior to the installation of     plant/services.  Development shall be carried out in accordance with the approved         details.

            REASON: To ensure that work is appropriate to the special architectural and historic        interest of the listed building.

            [Relevant Policies: BFBLP EN20, CSDPD CS1 and CS7]

06        No development (excluding demolition and repair works) shall take place within the           application area until the applicant has secured the implementation of a programme of        archaeological works in accordance with a written scheme of investigation, which has             been submitted by the  ...  view the full minutes text for item 129.

Section 73 application for the removal of condition 5 (number of babies) in relation to planning permission 01/00457/FUL and condition 1 of 13/00823/FUL for the erection of single storey side extension to nursery and increase in maximum number of children or babies (a) present in the garden at any one time from 12 to 14 and (b) receiving nursery services at any one time from 40 to 49, without compliance with conditions 04 and 07 of planning permission 623345 (for clarification, this application is to increase the number of children/babies at the nursery from 49 to 53).

Section 73 application for the removal of condition 5 (number of babies) in relation to planning permission 01/00457/FUL

and condition 1 of 13/00823/FUL for the erection of single storey side extension to nursery and increase in maximum number of children or babies (a) present in the garden at any one time from 12 to 14 and (b) receiving nursery services at any one time from 40 to 49, without compliance with conditions 04 and 07 of planning permission 623345 (for clarification, this application is to increase the number of children/babies at the nursery from 49 to 53).

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Bracknell Town Council

·         A petition received from 11 residents objecting on the grounds summarised in the agenda papers.

A motion to authorise the Head of Planning to approve the application subject to conditions (and following the completion of a planning obligation) as recommended in the Officer report was put to the vote and was lost. An alternative motion to REFUSE planning permission was put to the vote and was carried.

It was RESOLVED that the application be refused for the following reason:

01.  The proposal by reason of increased traffic movements which would be generated to and from the site would lead to an increase in on street parking and turning to the detriment of highway safety. The proposed development would therefore be contrary to M4 of the Bracknell Forest Borough Local Plan and Policy CS23 of the Core Strategy Development Plan Document.

02.  The proposal would not comply with Policy M9.

Retention of raised decking and handrail, with screen to the northern end, to enable disabled access to garden. (Re-submission of 15/00765/FUL).

Retention of raised decking and handrail, with screen to the northern end, to enable disabled access to garden. (Re-submission of 15/00765/FUL).

A site visit had been held on Saturday 20 February 2016 which had been attended by Councillors Brossard, Finnie, Hill, Mrs Mattick, Mrs McKenzie, Mrs McKenzie-Boyle, Peacey and Thompson.

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Winkfield Parish Council

·         Two objections from neighbouring properties objecting on the grounds summarised in the agenda papers.

An alternative motion to refuse the application was carried and it was RESOLVED that the application be refused for the following reason:

01.  By reason of its size and position, the proposed screen and decking is considered to be unneighbourly, resulting in an overbearing impact to the detriment of the residential amenity of the occupiers of 47 Wentworth Avenue. The proposed screen is therefore contrary to ‘Saved’ Policy EN20 of the Bracknell Forest Borough Local Plan.

The Committee is asked to approve the Confirmation of this Tree Preservation Order.

The Committee noted the report and the responses and objections that had been raised.

It was RESOLVED that the Committee approved the confirmation of Tree Preservation Order 1196, Land at and adjoining 50A Fernbank Road, Ascot, SL5 8HE.