Agenda item

Erection of block comprising 9no. two bedroom and 8no. one bedroom flats with associated parking, access and landscaping following demolition of existing dwellings.

 

Note for clarification: This application is for an extension of the time limit to implement an existing planning permission (08/00263/FUL).

Erection of block comprising 9no. two bedroom and 8no. one bedroom flats with associated parking, access and landscaping following demolition of existing dwellings.

 

Note for clarification: This application is for an extension of the time limit to implement an existing planning permission (08/00263/FUL).

 

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.
• Six letters of objection.
• A further letter received from the applicant’s agent.

 

RESOLVED that

(i)         subject to the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to highways and transportation infrastructure, open space/ recreational facilities, built sports facilities,  library facilities, youth facilities and SPA mitigation measures, 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 plans:           

          Drawing nos. 1515/01, 02, 03, 04, 05, 06 _ 07.           

          (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 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 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 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 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.

05.     All hard landscaping 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 the programme agreed in writing with the Local Planning Authority.           

06.     No development shall take place until details of a scheme of screen walls and fences 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.    

07.     No development shall take place until details of a means of vehicular access to the site have been submitted to and approved by the Local Planning Authority.  No flat shall be occupied until the vehicular access has been constructed in accordance with the approved details.

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

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.     No dwelling shall be occupied until 26 secure cycle parking spaces for residents and 3 for visitors have been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority.  The approved cycle parking shall thereafter be retained.        

11.     No dwelling shall be occupied until visibility splays of 2.4 metres by 2.4 metres have been provided at the junction of the driveway and the adjacent footway.  The dimensions shall 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 over a height of 0.6 metres measured from the surface of the carriageway.  

12.     No development shall take place until a scheme has been submitted and approved in writing by the Local Planning Authority, to accommodate:  

          (a) parking of vehicles of site personnel, operatives and visitors        

          (b) loading and unloading of plant and vehicles           

          (c) storage of plant and materials used in constructing the development       

          (d) wheel cleaning facilities      

          and each facility shall be retained throughout the course of construction of the development, free from any impediment to its designated use.  No other areas on the site, other than those in the approved scheme shall be used for the purposes listed (a) to (d) above without the prior written permission of the Local Planning Authority.           

13.     No development shall take place until details in respect of measures to:       

          a) minimise, re-use and recycle waste, including materials and waste arising from demolition;       

          b) minimise the pollution potential of unavoidable waste;        

          c) dispose of unavoidable waste in an environmentally acceptable manner; 

          have been submitted to and approved in writing by the Local Planning Authority.  The approved details shall be implemented during the course of building operations and the subsequent use of the building.        

14.    The bathroom windows in the side elevations shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent).  They shall at all times be fixed shut.

15.    No development shall commence until details of appropriate balcony privacy screening for all proposed balconies have been submitted to and approved in writing by the Local Planning Authority.  The details shall include plan and elevation drawings and materials to be used.  No dwelling shall be occupied until the approved screening has been installed.  It shall thereafter be retained.

16.     No development shall take place until details of a scheme (Working Method Statement) to control the environmental effects of the demolition and construction work has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:    

          (i) control of noise         

          (ii) control of dust, smell and other effluvia      

          (iii) control of surface water run off      

          (iv) site security arrangements including hoardings    

          (v) proposed method of piling for foundations  

          (vi) construction and demolition working hours           

          (vii) hours during the construction and demolition phase, when delivery vehicles or vehicles taking materials are allowed to enter or leave the site   

          The development shall be carried out in accordance with the approved scheme or as may otherwise be agreed in writing by the Local Planning Authority.        

17.     No development shall take place until a scheme for protecting the proposed dwellings/gardens from noise from Fernbank Road traffic has been submitted to and approved by the Local Planning Authority.  Any works which form part of the scheme approved by the Local Planning Authority shall be completed before any permitted dwelling is occupied unless an alternative period is agreed in writing by the Local Planning Authority.  

          Matters requiring consideration by the scheme will need to include sound attenuation, landscaping, building orientation and design.  The scheme should demonstrate that the following noise levels expressed as LAeq.tdB are to be achieved:                           

                        Time              Location                                     Noise Level   

                       

                        0700-2300       Habitable rooms                      35 dB(A)         

                        2300-0700       Habitable rooms                      30 dB(A)         

                        0700-2300       Garden                                    55 dB(A)                     

          If fixed shut glazing forms part of the scheme, dwellings should incorporate a specifically designed artificial ventilation system capable of meeting the requirements of the Building Regulations.           

18.     No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority for external site lighting including details of the lighting units, levels of illumination and hours of use. No lighting shall be provided at the site other than in accordance with the approved scheme.          

19.     No development shall commence until a Sustainability Statement demonstrating how the development meets current best practice standards in the sustainable use of natural resources has been submitted to and approved in writing by the Local Planning Authority.  The Statement shall be accompanied by evidence of certification from an independent assessor licensed by the Building Research Establishment that the development meets a minimum standard of Level 3 of the Code for Sustainable Homes or a “Very Good” or “Excellent” BREEAM rating.  The evidence shall include a breakdown of the rating and thereafter the development shall be implemented in accordance with the rating and retained as such unless the local planning authority gives prior written consent to any variation.

20.     No development shall commence until an energy demand assessment has been submitted to and approved in writing by the Local Planning Authority.  This shall demonstrate:    

          (a)  that the proposed development will reduce carbon dioxide emissions by at least 10% against the appropriate Target Emission Rate as set out in Part L of the Building regulations (2006), and         

          (b)  that at least 20% of the development's energy requirements will be provided from on-site renewable energy production.        

          The development shall be carried out in accordance with the approved assessment and retained as such unless the local planning authority gives prior written consent to any variation.         

21.    The development hereby permitted shall not be begun 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 and the development shall be carried out in accordance with the approved details.

22.    No site clearance shall take place during the main bird-nesting period of 1st March to 31st August inclusive, unless a scheme to minimise the impact on nesting birds during the construction of the development has been submitted to and approved by the Local Planning Authority.

23.    The scheme hereby permitted shall be carried out in accordance with the mitigation measures outlined in the ACD Ecological Habitat Assessment Report Rev B unless otherwise agreed in writing by the Local Planning Authority.  An ecological site inspection report shall be submitted for approval within three months of the first occupation of any of the flats hereby approved.

         

Summary Of Reason(s) For Decision:

 

The proposal accords with the following saved policies of the Bracknell Forest Borough Local Plan:

* EN1 – which seeks to protect tree and hedgerow cover.

* EN2 – which seeks to supplement tree and hedgerow cover.

* EN3 – which seeks to ensure that the special value and character of SPAs, SACs and SSSIs are protected.

* 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.

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

* M7 – which seeks to ensure that new development will access for all, and the use of highway and footpath networks, parking and public transport.

* M8 – which seeks to ensure new development facilitates and promotes the use of public transport.

* M9 – which seeks satisfactory parking provision for vehicles and cycles.

* R5 – which requires that residential development of a net increase in five or more dwellings on sites less than one hectare will enter into a planning obligation for a contribution towards recreational facilities in the area.

 

The proposal accords with the following Core Strategy Development Plan Document Policies:

* 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.

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

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

* CS10 – which requires development proposals to be accompanied by a Sustainability Statement.

* CS12 – which requires development proposals to be accompanied by an Energy Demand Assessment

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

* CS24 – which seeks to ensure that development will mitigate any transport impacts which may arise from the development or cumulatively with other proposals.

 

The South East Plan, Regional Spatial Strategy for the South East of England (May 2009)

 

* CC4 – which seeks the design and construction of all new development, and the redevelopment and refurbishment of existing building stock to incorporate sustainable construction standards and techniques.

* CC6 – which seeks development that will respect and enhance the character and distinctiveness of settlements and landscapes, and use innovative design to create a high quality built environment which promotes a sense of place.

* CC7 – which requires sufficient capacity to be available in existing infrastructure to meet the needs of new development, and where this cannot be demonstrated, that additional capacity be released through demand management measures, better management of existing or provision of new infrastructure.

*  H5 – which seeks positive measures to raise the quality of new housing, reduce its environmental impact, and make good use of land.

 

Planning Policy Statements

 

* PPS3: ‘Housing’, which seeks to achieve high quality and well-designed housing; a mix of housing, both market and affordable; housing developments in suitable locations, which offer a good range of community facilities and with good access to jobs, key services and infrastructure; a flexible, responsive supply of land; and effective use of land, including re-use of previously-developed land, where appropriate.

Supplementary Planning Documents

 

* Limiting the Impact of Development Supplementary Planning Document (July 2007), which provides guidance on planning obligations which may be required to satisfy planning policies, and aimed at making development more sustainable.

 

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

 

The following material considerations have been taken into account:

 

Third party representations were received on grounds that the proposal would be contrary to local and national policies, out of character and overdevelopment, overbearing impact upon local properties, insufficient parking, highway safety issues, increased traffic and impact upon the SPA.  These comments have been taken into consideration, however it is considered that the proposal would be in accordance with the development plan, and would not result in a form of development out of keeping with the character and appearance of the area, and would be designed and sited so as to avoid an adverse impact upon the residential amenities of neighbouring properties.  The impact upon the SPA can be resolved through an appropriate planning obligation. This is an extension of time application and it is not considered that there have been significant changes to development plan and national guidance since the original planning application was approved.

 

The proposal is considered to be acceptable in relation to impact upon the character of the area, neighbouring properties and highway safety.  A s.106 will be required to mitigate the impact of the development upon local infrastructure and the Thames Basin Heaths SPA.  The application is therefore approved.

 

(ii)        in the event of the S106 planning obligations not being completed by 31 August 2011, the Head of Development Management be authorised to refuse the application for the following reasons:-

 

01.     The proposed development would unacceptably increase the pressure on highways and transportation infrastructure, public open space, built sports facilities, library facilities and youth facilities. In the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which secure contributions towards integrated transport and highway safety measures, open space, built sports facilities,  library facilities and youth facilities the proposal is contrary to Policy CC7 of the South East Plan, Policies R5 and M4 of the Bracknell Forest Borough Local Plan and CS6, CS8, and CS24 of the Core Strategy Development Plan Document and to Supplementary Planning Document Limiting the Impact of Development (adopted July 2007).

 

02.     The occupants of the development would put extra pressure on the Thames Basin Heaths Special Protection Area and the applicants have not satisfactorily mitigated the development to comply with Limiting the Impact of Development Supplementary Planning Document (July 2007). In the absence of a section 106 planning obligation to secure suitable mitigation measures, the proposal would therefore be contrary to Policy NRM6 of the South East Plan, Policy EN3 of the Bracknell Forest Borough Local Plan and Policy CS14 of the Core Strategy Development Plan Document.