Agenda item

Erection of 1 no. two bedroom detached house with associated parking and construction of dormer window to existing dwelling.

Erection of 1 no. two bedroom detached house with associated parking and construction of dormer window to existing dwelling.

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.
• Thirteen letters of objection.

RESOLVED that

(i)         subject to the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to  transport facilities, open space and recreation facilities, primary and nursery education facilities, library facilities and Thames Basin Heath Special Protection Area, 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 23/05/11:

          389/P/001, 389/P/007, 389/P/008, 389/P/009, 389/P/0010, 389/P/009A, 01 and Design and Access Statement  

          Amended plans 389/P/003A, 389/P/006A, 389/P/005B received by the Local Planning Authority on 14/06/11   

          (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 in connection with the new dwelling hereby permitted until samples of the materials to include bricks and roof tiles to be used in the construction of the external surfaces of the new dwelling 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 materials to be used in the construction of the external surfaces of the development to the existing dwelling at number 62 King Edwards Road hereby permitted shall match those of the existing building unless otherwise agreed in writing by the Local Planning Authority.   

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 at first floor level or above in the north east or south west elevation of the new 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 other alteration permitted by Class A or B of Part 1 of the Second Schedule of the 1995 Order shall be carried out to the new dwelling hereby permitted.

07.     The new dwelling hereby permitted shall not be occupied until the associated vehicle parking has been surfaced in accordance with the approved drawing. The spaces shall thereafter be kept available for parking at all times.           

08.     No development in connection with the new dwelling hereby permitted shall take place 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.

09.     No development in connection with the new dwelling hereby permitted shall take place 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.           

10.     The new dwelling hereby permitted 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.    

11.     The new dwelling hereby permitted shall not be occupied until an Energy Demand Assessment has been submitted to and approved in writing by the Local Planning Authority.  This shall demonstrate that a proportion of the development’s energy requirements will be provided from on-site renewable energy production (which proportion shall be 10% unless otherwise agreed in writing by the Local Planning Authority).  The buildings thereafter constructed by the carrying out if the development shall be in accordance with the approved assessment and retained in accordance therewith, unless the Local Planning Authority gives prior written consent to any variation.          

12.     No development in connection with the new dwelling hereby permitted shall take place except for the laying of foundations until the proposed dormer window in the front elevation of no. 62 King Edwards Road  has been substantially completed and the first floor window in the north east elevation has been bricked up, unless otherwise agreed in writing by the Local Planning Authority.   

13.     All existing trees, hedgerows and groups of shrubs shown to be retained on the approved drawings shall be protected by 2.3m high (minimum) protective barriers, supported by a metal scaffold framework, constructed in accordance with Section 9 (Figure 2) of British Standard 5837:2005, or any subsequent revision.  The development shall be carried out in accordance with the approved drawings.           

14.     The protective fencing and other protection measures specified by condition 13 shall be erected in the locations agreed in writing by the Local Planning Authority prior to the commencement of any development works, including any initial clearance, and shall be maintained fully intact and (in the case of the fencing) upright, in its approved locations at all times, until the completion of all building operations on the site (unless agreed otherwise in writing by the Local Planning Authority). No activity of any description must occur at any time within these protected areas including but not restricted to the following: -        

a) No mixing of cement or any other materials.           

          b) Storage or disposal of any soil, building materials, rubble, machinery, fuel, chemicals, liquids waste residues or materials/debris of any other description.

          c) Siting of any temporary structures of any description including temporary car parking facilities, porta-loos, storage compounds or hard standing areas of any other description.

          d) Soil/turf stripping, raising/lowering of existing levels, excavation or alterations to the existing surfaces/ ground conditions of any other description.     

          e) Installation/siting of any underground services, temporary or otherwise including; drainage, water, gas, electricity, telephone, television, external lighting or any associated ducting. 

          f) Parking/use of tracked or wheeled machinery or vehicles of any description.

15.     No development in connection with the new dwelling hereby permitted shall take place 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.          

16.     The areas shown for soft landscaping purposes on the approved plans shall thereafter be retained as such and shall not be used for any other purpose without the prior written permission of the Local Planning Authority.           

17.     No development in connection with the new dwelling hereby permitted 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 new dwelling 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.            

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:

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.

EN1 which seeks to protect tree and hedgerow cover.

Core Strategy Development Plan Document:

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

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:

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

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 considerations have been taken into account:

The proposal will not adversely affect the character or visual amenity of the area given the existing pattern of development and the remaining separation distances with neighbouring dwellings or the amenity of neighbouring residents given the submitted daylighting report and alterations proposed to no. 62 King Edwards Road. The proposal will not adversely affect highway safety given the position of the proposed access and will not overburden local services subject to the completion of a satisfactory S106 agreement. Objections have been received about the location of the development within an existing garden, although the principle of the development is considered acceptable in accordance with PPS3 given the sustainability of the location.

 The planning application is therefore approved.

(ii)     in the event of the S106 planning obligation(s) not being completed by 30.09.2011, the Head of Development Management be authorised to refuse the application for the following reason:-

01.     The proposed development would unacceptably increase the pressure on highways and transportation infrastructure, open space and outdoor recreation facilities, primary and nursery education facilities, library facilities and the Thames Basin Heath Special Protection Area. 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 the proposal is contrary to Policy CC7 of the South East Plan, Policy M4 of the Bracknell Forest Borough Local Plan and CS24 of the Core Strategy Development Plan Document and to Supplementary Planning Document Limiting the Impact of Development (adopted July 2007).