Agenda item

Outline application for the erection of a four bedroom detached house following demolition of existing builders store.

Outline application for the erection of a four bedroom detached house following demolition of existing builders store.

 

Having declared a personal and prejudicial interest in this application as he was co-owner of the land the subject of the application, Councillor Sargeant left the room during consideration of the item.

 

A site visit had been held on Saturday 16 July 2011 which had been attended by Councillors Brossard, Ms Brown, Dudley, Gbadebo, Mrs Pile, Sargeant and Thompson.  Councillor Sargeant had declared an interest at the site visit.

 

All matters were reserved and the application only dealt with the principle of development.

 

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.
• One letter of objection and one of support.

 

The Committee considered that:-

• The erection of a single dwelling would result in less material harm to the area than the existing lawful use of the site for the storage of builders’ materials and how the site could be used under the current lawful use. 
• There would be scope within the application to address points made in objection, provided the applicant was sympathetic in his approach to concerns.

 

Contrary to the Head of Development’s recommendation for refusal, the Committee

 

RESOLVED that

 

(i)         subject to

a)         advertising the application as a departure from the development plan and no new material objections being received, and

b)         the completion of a s106 agreement to secure contributions to mitigate the impact of the development upon highways and transport infrastructure, public open space and primary educational facilities,

 

the Head of Development Management, in consultation with the Chairman, be authorised to approve the application, subject to the following conditions and any other conditions deemed appropriate.  It was noted that the summary of reason for decision would be completed following the debate by members at the Planning Committee.

 

01.       Approval of the details of the scale of the building, the access for and the layout, appearance and landscaping of the development (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before development is commenced.  The plans and particulars in relation to the Reserved Matters shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

02.       Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

03.       The development hereby permitted shall be begun not later than the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved. 

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

             - 1:1250 Location plan received by Local Planning Authority 09.05.2011 and maximum and minimum dimensions given in the e-mail from the agent dated 8.7.2011. 

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

05.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no additional windows, similar openings or enlargement thereof shall be constructed in the first floor level or above of the south west facing side elevation of the dwelling hereby permitted except for any which may be shown on the approved drawing(s).

06.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no enlargement, addition, improvement or modification or other alteration permitted by Classes A, B and E of Part 1 of the Second Schedule of the 1995 Order shall be carried out to the new dwelling hereby permitted. 

07.       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.

08.       The development hereby permitted shall not be begun until details of a scheme of walls, fences 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 or as may otherwise be agreed in writing by the Local planning Authority.

09.       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.

10.       The development shall not be begun 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 include either a Design Stage Report and BRE Interim Certificate or a pre-assessment estimator carried out by an independent assessor licensed by the Building Research Establishment demonstrating 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 development shall be implemented in accordance with the Sustainability Statement and shall be retained in accordance therewith unless the Local Planning Authority gives prior written consent to any variation.

11.       The development shall not be occupied until a Post Construction Review Report carried out by an independent assessor licensed by the Building Research Establishment and a Final Code Certificate has been submitted to the Local Planning Authority which demonstrates that the development has been constructed to meet a minimum standard of Level 3 of the Code for Sustainable Homes or a “Very Good” or “Excellent”  BREEAM rating.

12.       The development hereby permitted shall not be begun until:

            1)         a scheme depicting hard and soft landscaping  and

            2)         a three year post planting maintenance scheme

have been submitted to and approved in writing by the Local Planning Authority.  The approved post-planting maintenance schedule shall be performed and complied with.

            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 out 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.

13.       No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities. The building shall not be occupied until the approved scheme has been implemented. The facilities save as otherwise agreed in writing by the Local Planning Authority shall be retained.

14.       No development shall take place until a scheme has been submitted to 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

            (e)        Temporary portacabins and welfare for site operatives

            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 (e) above without the prior written permission of the Local Planning Authority.

15.       No gates shall be provided at the vehicular access to the site unless otherwise agreed in writing by the Local Planning Authority. 

16.       No development shall take place until a plan showing visibility splays has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 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 adjacent carriageway.

17.       The dwelling shall not be occupied until a means of vehicular access has been constructed in accordance with details which have been submitted to and approved by the Local Planning Authority. 

18.       The dwelling shall not be occupied until the associated vehicle parking and turning has been provided in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.  The spaces shall not thereafter be used for any purpose other than parking and turning.

19.       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.

20.       The development (including site clearance and demolition) shall not be begun until a wildlife protection plan for construction has been submitted to and approved in writing by the Local Planning Authority. The plan shall include:

            i) an appropriate scale plan showing where construction activities are restricted and protective measures

            ii) details of protective measures to avoid impacts during construction

            iii) a timetable to show phasing of construction activities

            iv) persons responsible for compliance with legal consents, planning conditions, installation of protective measures, inspection and maintenance.

            The approved scheme shall be performed, observed and complied with.

21.       The demolition shall not be begun until a scheme for the installation of bird and bat boxes has been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be performed, observed and complied with.

22.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any Order revoking and re-enacting that order, no external lighting shall be installed on the site or affixed to any buildings on the site except in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.

23.       The dwelling shall not be occupied until;

a)         details showing how materials resulting from the demolition of the existing building will be disposed of are submitted to and approved by the Local Planning Authority, and

b          the existing structure and materials resulting there from, have been disposed of in accordance with the approved scheme.

 

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:

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.

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.

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

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.

                       

Bracknell Forest Borough Local Plan Policies:

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.

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.

EN14 which seeks to avoid an adverse effect upon the nature conservation interests, fisheries or open character of the landscape of a river corridor.

EN15 – which seeks to avoid lighting schemes outside of settlements which would have an adverse effect upon the character of the surrounding land, residential amenity or wildlife.

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.

EN25 – which seeks to avoid development which would generate unacceptable levels of noise, smoke, gases, fumes, effluent, vibration, dust or other environment effects which would adversely added the amenities of occupiers or buildings, or users of outdoor space.

H14 which seeks to ensure that new dwellings are accessible to all.

M4 which seeks to ensure that development which would result in a material increase in the use of the existing highway will provide appropriate pedestrian, cycling and public transport routes.

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.

M9 which seeks satisfactory parking provision for vehicles and cycles

 

South East Plan Policies:

CC1 - which seeks to achieve and maintain sustainable development through achieving sustainable levels of resource use; ensuring the physical and natural environment is conserved and enhanced; reducing greenhouse gas emissions and achieving safe, secure and socially inclusive communities.

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.

 

Other Bracknell Forest Supplementary Planning Guidance:

 

Streetscene Supplementary Planning Document (April 2011)

Character Areas Assessments Supplementary Planning Document (March 2010)

Sustainable Resource Management Supplementary Planning Document (October 2008)

Limiting the Impact of Development Supplementary Planning Document (July 2007)

Parking Standards Supplementary Planning Document (July 2007)

Designing for Accessibility Supplementary Planning Document (June 2006)

 

Warfield Supplementary Planning Document (SPD) (emerging) Jan 2011

Site Allocation Development Plan Document (DPD) (emerging) Jan 2011

 

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

 

The following material considerations have been taken into account by the Planning Committee:

 

It is considered that the erection of a single dwelling would result in less material harm to the area than the existing lawful use of the site for the storage of builder’s materials and how the site could be used under the current lawful use and than the previous proposals for 3 no. and 2 no. detached dwellings (respectively) which have been refused with the latter dismissed at appeal. 

 

Representations have been received regarding the siting of the dwelling, as shown on the illustrative plan.  As all matters are reserved at this stage these representations can be taken into account when dealing with the detailed layout and appearance at the reserved matters stage. 

 

The planning application is therefore approved subject to conditions and a s106 agreement securing contributions to mitigate the impact of the development upon highways and transportation infrastructure, public open space and primary educational facilities. 

 

(ii)        In the event of the S106 planning obligations not being completed by 31 October 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, and primary educational 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 and primary educational 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).