Agenda item

Section 73 application to allow amendment to design of 30 no. three-storey flats (and associated landscaping, parking and bin storage details) in phase 5 (plots 343-372) and to site levels of open space to south, without compliance with condition 01 of reserved matters approval 06/00573/REM.

 

The Committee noted:

 

·         The additional information contained within the supplementary report of the Head of Development Management, tabled at the meeting.

·         The comments of Bracknell Town Council.

·         A letter of objection from Ranelagh School Governing Body which was subsequently withdrawn

 

RESOLVED that

 

(i)            Subject to the receipt of a Flood Risk Assessment, and confirmation that the Environment Agency raises no objection to it

 

and the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to:

 

1.         Compliance with the covenants in the existing permission in regard to the proposed development as if the development had been implemented in accordance with the existing permission, and         

2.         A requirement that the owners advise the Council before commencement of construction of the new permission;

 

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 five years from the date of this permission.  

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

Site location plan: 11/011/010C

Planning site layout: 11/011/011D

Semi-basement floor plan: 11/011/012D

Ground floor plan: 11/011/013D

First floor plan: 11/011/014B

Second floor plan: 11/011/015A

Front and side elevations: 11/011/016B

Rear and side elevations: 11/011/017B

Roof layout: 11/011/018

Landscape proposals: CSa/1146/129A

Central Open Space Contour Plan CSa/1196/116B

(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 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. 

05.     No flat shall be occupied until a means of vehicular access has been constructed in accordance with the approved plans.        

         

06.     No flat shall be occupied until a means of access for pedestrians and cyclists has been constructed in accordance with the approved plans.     

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

08.     The flats hereby approved shall not be occupied until cycle parking spaces have been provided in accordance with the approved plans. The cycle parking spaces and facilities shall thereafter be retained.    

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.     The gradient of private drives shall not exceed 1 in 12. 

11.     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. 

12.    No habitable accommodation shall be created within the roof voids above flats 346 and 371, shown on drawing 11/011/015A, without the prior written permission of the Local Planning Authority.

 

 

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:

 

• 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

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

• 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.

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

• R4 – which requires the provision of 4.3 hectares of open space of public value per 1,000 population on residential sites larger than one hectare.

• PH1.1 – which allocates land at the Staff College for residential development

 

Core Strategy Development Plan Document:

 

• 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

• CS8 – which seeks to retain, improve and maintain existing recreational facilities and provide and maintain new recreational facilities.

• 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

• 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

 

South East Plan:

 

• 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.

• 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

 

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

 

The following material considerations have been taken into account:

 

Bracknell Town Council has concerns about changes to an approved plan at this stage of the building works and about the ramped access to the bin storage area and Ranelagh School objects on the grounds that the area for sports pitches may be inadequate.  These representations have been taken into consideration.  Further amendments to the proposals have addressed the bin collection concerns and the proposal would provide a greater area for sports pitch provision than the original approval.

 

The proposal is considered to be acceptable in relation to impact upon the character of the area, neighbouring properties, highway safety and recreational provision.  A s106 will be required to mitigate the impact of the development upon local infrastructure.  The application is therefore approved.

 

(ii)           In the event of the S106 planning obligations not being completed by 31 January 2012, 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, public open space, community, and educational facilities. In the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which (i) secure compliance with the covenants in the existing permission in regard to the proposed development as if the development had been implemented in accordance with the existing permission, and (ii) require the owners to advise the Council before commencement of construction of the new permission, the proposal is contrary to Policy CC7 of the South East Plan, Policies R4 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).