Agenda item

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) shall take place until the access has been constructed in accordance with the details to be submitted to and approved in writing by the Local Planning Authority.           

06.    The development hereby permitted shall not be begun until all the visibility splays shown on the approved drawings have been provided.  Those areas shall at all times thereafter be kept free of all obstructions to visibility over a height of 0.6 metres measured from the surface of the adjacent carriageway.          

07.    No dwelling shall be occupied until that part of the access road which provides access to it has been constructed in accordance with the approved plans.   

08.    No building shall be occupied until the associated vehicle parking and turning space has been surfaced and marked out in accordance with the approved drawing. The spaces shall thereafter be kept available for parking at all time           

09.    No building shall be occupied until secure and covered parking for bicycles has been provided in accordance with the approved drawings      

10.    The car parking indicated on the approved plans as car parking for people with disabilities shall be marked out, signed and provided prior to the first occupation of the building that the parking relates to and shall thereafter be retained, unless otherwise agreed in writing by the Local Planning Authority.        

11.    The development hereby permitted shall not be begun until a scheme has been submitted to and approved in writing by the Local Planning Authority for off site highway works including the following:      

         - works to secure a safe vehicular access to the site from High Street, Crowthorne.

         The buildings provided by the carrying out of the development shall not be occupied/open for trade until the off site highway works have been completed in accordance with the scheme.   

12.    The development hereby permitted shall not be begun 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 (d) above without the prior written permission of the Local Planning Authority.           

13.    The development hereby permitted (including any demolition) shall not be begun 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.

 

14.    The development hereby permitted shall not be begun 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.  The development shall be carried out in accordance with the approved scheme.         

15.    The development hereby permitted shall not be begun until comprehensive details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

         a)            Comprehensive planting plans of an appropriate scale and level of detail that provides adequate clarity including details of ground preparation and all other operations associated with plant and grass establishment, full schedules of plants, noting species, and detailed plant sizes/root stock specifications, planting layout, proposed numbers/densities locations.          

         b)            Details of semi mature tree planting. 

         c)            Comprehensive 5 year post planting maintenance schedule.          

         d)            Underground service and external lighting layout (drainage, power, communications cables, pipelines etc. indicating lines, manholes etc.), both existing reused and proposed new routes.           

         e)            Means of enclosure (walls and fences etc)   

         f) Paving including pedestrian open spaces, paths, patios, proposed materials and construction methods, parking courts etc.        

         g)            Recycling/refuse or other storage units.                   

         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.  

16.    No retained tree or hedgerow (as specified as being retained on the approved details as part of this permission) shall be cut down, uprooted or destroyed without the prior written consent of the Local Planning Authority.                       

         If any trees or hedgerows shown to be retained on the approved plans, are removed, uprooted, destroyed, die or become diseased during the course of the development within a period of 5 years of the completion of the development, another tree or hedgerow of the same species and size as that originally planted shall be planted at the same place unless the Local Planning Authority gives it written consent for any variation.

17.    The new build development hereby permitted shall not be begun until a Sustainability Statement demonstrating how the development will meet 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.  Save as otherwise agreed in writing by the Local Planning Authority, the  development shall be implemented in accordance with the Sustainability Statement and the measures set out in the statement shall be retained in accordance therewith.

18.    The new build residential 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.

19.    The development hereby permitted shall not be begun until an Energy Demand Assessment demonstrating that :      

         (a)  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)  a proportion of the development’s energy requirements will be provided from on-site renewable energy production (which proportion shall be 20% unless otherwise agreed in writing by the Local Planning Authority).  

         Has been submitted to and approved in writing by the Local Planning Authority.  Save as otherwise agreed in writing by the Local Planning Authority, the building(s) thereafter constructed by the carrying out of the development shall be in accordance with the approved assessment and retained in accordance therewith.  

20.    No site clearance shall take place during the main bird-nesting period of 1st March to 31st August inclusive.  

21.    The development hereby permitted (including site clearance and demolition) shall not be begun until:-        

         (i) all the buildings/structures on the site and any trees to be felled have been further surveyed for the presence of bats, in accordance with the recommendations in section 6 of the Ecological Appraisal by Aluco Ecology dated January 2010;  and       

         (ii) the further survey has been submitted to and approved by the Local Planning Authority, and      

         (iii) either the Local Planning Authority have agreed that no relocation of bats is necessary or the relocation of an bats has been achieved in accordance with mitigation and monitoring proposals previously submitted in writing to and approved by the Local Planning Authority.         

22.    The development hereby permitted shall be carried out in accordance with the mitigation measures outlined in in section 6 of the Ecological Appraisal by Aluco Ecology dated January 2010, unless otherwise agreed in writing by the Local Planning Authority.  These measures shall includes the installation of bird and bat boxes in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority before the first occupation of any buildings hereby permitted.            

23.    No building shall be occupied until a scheme (including a plan identifying the areas to be covered by the scheme) has been submitted to and approved in writing by the Local Planning Authority for the management of any communal areas of the site that are not intended to be transferred to individual occupiers.  The approved scheme shall be implemented prior to the first occupation of any building and the measures in the approved scheme shall thereafter be retained.

24.    The development hereby permitted shall be carried out in full accordance with the tree protection measures and method statements outlined in the following documents received by the Local Planning Authority on  28th September 2011:

Method Statement - Iron Duke by SW Directional Drilling

Tree Condition Survey/Constraints drawing 506/01 B by Draffin Associates  

Tree Protection drawing 506/02 by Draffin Associates

Arboricultural Method Statement revised 22nd July by Draffin Associates (received 29th July 2011)

         unless otherwise agreed in writing by the Local Planning Authority.

25.    No gates shall be provided at the vehicular access to the site.           

26.    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.  If within a 5 year period of the completion of the development any soft landscaped area which is removed, uprooted, or is destroyed or dies shall be replaced by plants of the same species and size as that originally planted at the same place, unless the Local Planning Authority gives its written consent for any variation

27.    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 Classes A, B, D and E of Part 1 of the Second Schedule of the 1995 Order shall be carried out.

28.    Prior to the first occupation of any part of the development hereby permitted a parking plan shall be submitted to and approved in writing by the Local Planning Authority.  The parking plan shall show two parking spaces allocated to each house and one parking space allocated to each flat hereby permitted with remaining parking shown as visitors spaces. There shall be no restrictions on the use of the visitors spaces shown on the approved plan for the occupiers of, or visitors to, any of the buildings hereby permitted.

           

 

 

Summary of reasons for Decision

 

The proposal accords with the following Policies of the Regional Spatial Strategy for the South East of England:

 

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.         

NRM5 – which seeks to conserve and improve biodiversity.           

NRM6 – which requires new residential development which is likely to have a significant effect on the ecological integrity of Thames Basin Heaths Special Protection Area (SPA) to demonstrate that adequate measures are put in place to avoid or mitigate any potential adverse effects        

BE6 – which seeks to which protect, conserve and, where appropriate, enhance the historic environment and the contribution it makes to local and regional distinctiveness and sense of place.       

TC2 – which seeks to support function and viability of town centres; respect the historic character, environment and cultural value of existing town centres; ensure safe, secure and attractive environments for people to live, shop; and consider the potential impact on the vitality and viability of town centres.    

                       

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.         

CS2 – which seeks to ensure that land will be allocated for development in the following order: Bracknell Town Centre; previously developed land and buildings in defined settlement; other land within defined settlements where there is no conflict with other policies; extensions to defined settlements with good public transport links.

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.   

CS15 – which seeks to make provision over the period 2006-2026 for the phased delivery of 11,139 new dwellings.           

CS16 – which seeks to ensure development will contribute to meeting the identified housing needs of all sectors of the Community.         

CS21 – which seeks to ensure that new retail development is directed to identified town centres, and the scale and nature of the retail uses is consistent with the role and function of the centre.        

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.           

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

                       

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

                       

EN1 – which seeks to protect 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.           

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

E5 - which seeks development to be consistent with the hierarchy of shopping centres (major town centre, small town centres, village and neighbourhood centres, local parades).   

E10 – which seeks to prevent non-retail uses in Bracknell Town Centre secondary shopping area, Crowthorne retail area outside of the retail core and Sandhurst Centre (west of Swan Lane).

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.   

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

                       

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:         

                       

The proposal is considered to comply with the above policies.       

                       

The site is in a very sustainable location and the principle of the proposed development is acceptable.  The retention of the Iron Duke and the replacement of the incongruous Old Bakehouse Court with a small residential terrace in keeping with adjacent properties will positively enhance the character and appearance of the Crowthorne Conservation Area while bringing new uses and vitality into this somewhat neglected part of the conservation area.

                       

Concerns have been raised that the new houses on Church Street would be higher than the existing adjacent terrace and have a bulkier rear elevation.  However it is not considered that these would be readily visible from the street scene or in any way detract from the positive enhancements the new terrace would provide in this location. It is also considered that slightly taller buildings would be appropriate as the village centre is approached and the proposed Church Street elevation is therefore considered to be acceptable.          

                       

Concerns have also been raised that the houses behind the Iron Duke would have roofs higher then the Iron Duke when viewed from the High Street and that this would be compounded by an infilling of the High Street elevation south of the Iron Duke.  Although the proposed ridge line of the houses at the rear of the site would be 0.8m higher than the Iron Duke it would be lower than 246-252 High Street which adjoin the Iron Duke.  In view of the fact that these houses would be set back approximately 50 metres behind the Iron Duke the additional height would not be apparent in views from the High Street.  The only place that the proposed houses may be glimpsed behind the Iron Duke would be in long distance views down Lower Broadmoor Road.  However in view of the distances involved it is considered that the height differential would be barely noticeable and would not result in any visual harm to these long distance views. 

                       

The lack of perspective in the street elevations also applies to the perceived infilling concern.  At the front of the site the area south of the Iron Duke would remain open as at present to accommodate the new access road and car parking.  The proposed house on plot 12 would be set approximately 10 metres back and six metres south of the Iron Duke and the terrace of houses at the rear would be 29 metres further back.  These set backs will reduce any appearance of infilling of the area south of the Iron Duke when viewed from the High Street.  The proposed houses would not be readily visible in oblique views into the site when travelling along the High Street in either direction, but would only be seen from directly in front of the access road.  The retention of the mature trees along the southern boundary of the site will also retain a green foil to the site, maintaining the present clear break between the more commercial uses to the north and residential area to the south.      

                       

The proposed development is not considered to result in any significant impact on neighbouring properties and will provide an acceptable living environment for future occupiers.        

                       

The Highway Authority has not raised any highway safety concerns with respect to the siting of the access onto Crowthorne High Street.        

                       

It is considered that on balance the proposed scheme will provide significant economic and environmental benefits that outweigh any remaining highway concerns about parking.        

                       

The planning application is therefore approved

 

 

(ii)        In the event of the S106 planning obligations not being completed by20 January 2012, 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 public open space, built sports facilities, local youth facilities and primary and nursery education facilities. In the absence of planning obligations in terms that are satisfactory to the Local Planning Authority, and which secure contributions towards public open space, built sports facilities, local youth facilities and primary and nursery education facilities the proposal is contrary to policies CC7 of the South East Plan; Policy CS6 of the Bracknell Forest Core Strategy DPD; Policy R5 of the Bracknell Forest Borough Local Plan and the Limiting the Impact of Development SPD.

 

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 the adopted Limiting the Impact of Development Supplementary Planning Document.  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.