Agenda item

Erection of 1 no. four bedroom dwelling and garage with access from Davis Gardens.

The Committee noted:

• The supplementary report of the Head of Development Management tabled at the meeting.
• The comments of Sandhurst Town Council.
• Six letters of objection which raised concerns around the proposed development leading to a loss of privacy and light to neighbouring properties. Concerns around drainage and flooding, inadequate car parking and the proposed development being too large and out of keeping with neighbouring properties.

Upon being put to the vote it was RESOLVED that following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:-

01.       SPA.     

            Dedication of a 2m wide continuous footway between 12 and 14 Davis Gardens.

That 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.   

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990

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

          Drg no 02A received by LPA 01.10.2014           

          Drg no 03A received by LPA 01.10.2014           

          REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

03.     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.     

          REASON: In the interests of the visual amenities of the area.  

          [Relevant Plans and Policies: BFBLP EN20, CSDPD CS7]

04.     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. The development shall be implemented in accordance with the Sustainability Statement and shall be retained in accordance therewith.

           REASON: In the interests of sustainability and the efficient use of resources.

          [Relevant Policy: Core Strategy DPD CS10]

05.     Within one month of the first occupation of the development hereby permitted (or, where the development is phased, within one month of the first occupation of the final phase of that development), a Post Construction Review Report shall be carried out by an independent assessor licensed by the Building Research Establishment and a Final Code Certificate shall be 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.  

          REASON: In the interests of sustainability and the efficient use of resources. 

          [Relevant Policy: Core Strategy DPD CS10]

06.     The development shall not be begun 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%).  The buildings thereafter constructed by the carrying out of the development shall be in accordance with the approved assessment and retained in accordance therewith.

          REASON: In the interests of the sustainability and the efficient use of resources.       

          [Relevant Plans and Policies: CSDPD Policy CS12]

07.     The slab level of the dwelling shall be constructed in accordance with the approved drawing no 03A received by LPA 01.10.2014.     

          REASON: In the interests of the character of the area.

          [Relevant Plans and Policies: BFBLP EN20 and CSDPD CS7]

08.     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.  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.       

          REASON: In the interests of good landscape design and the visual amenity of the area.        

          [Relevant Policies: BFBLP EN20, CSDPD CS7]           

09.     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 north elevation of the dwelling hereby permitted except for any which may be shown on the approved drawing(s). 

          REASON: To prevent the overlooking of neighbouring properties.       

          [Relevant Policies: BFBLP EN20]

10.     The first floor window in the north  elevation the en-suite of the dwelling shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent) to a height of 1.7m from floor level.  The windows shall at all times be fixed to a height of 1.7m from floor level.          

          REASON: To prevent the overlooking of neighbouring property.         

          [Relevant Policies: BFBLP EN20]

11.     The boundary treatment shall be erected in the locations shown on approved drawing 03 received by LPA 09.07.2014. The approved scheme shall be implemented in full before the occupation of the dwelling approved in this permission and retained thereafter.   

          REASON: - In the interests of the visual amenities of the area and to safeguard existing retained trees, hedges and shrubs.         

          [Relevant Plans and Policies:  BFBLP EN20, Core Strategy DPD CS7]

12.     The garage accommodation shall be retained for the use of the parking of vehicles at all times.        

          REASON: To ensure that the Local Planning Authority's vehicle parking standards are met. 

          [Relevant Policy: BFBLP M9]

13.     The dwelling shall not be occupied until visibility splays of 2.0 metres by 2.0 metres to the north 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.

          REASON: In the interests of highway safety.    

          [Relevant Policies: Core Strategy DPD CS23]

14.     The dwelling hereby approved shall not be occupied until the associated vehicle parking or vehicle parking and turning space [delete as appropriate] has been surfaced and marked out in accordance with the approved drawing. The spaces shall thereafter be kept available for parking at all times. 

          REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users.         

          [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]

15.     The development hereby permitted shall not be begun until a drainage design in accordance with the Flood Risk assessment dated September 2014 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.    

          REASON:The site is within the identified Area Liable to Flood where strict control over development is required by the policies of the Development Plan.

In the event of the S106 planning obligation(s) not being completed by

30th January 2015

the Head of Development Management  be authorised to REFUSE the application on the grounds of:-

01.     The occupants of the development would put extra pressure on the Thames Basin Heaths Special Protection Area and the proposal would not satisfactorily mitigate its impacts in this respect.  In the absence of a planning obligation to secure suitable avoidance and mitigation measures and access management monitoring arrangements, in terms that are satisfactory to the Local Planning Authority, the proposal would be contrary to Policy NRM6 of the South East Plan, Policy EN3 of the Bracknell Forest Borough Local Plan, Policy CS14 of the Core Strategy Development Plan Document and the Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document (2012).