Agenda item

Erection of 3 storey block of 9 flats (4 x no1 bedroom flats and 5 x no.2 bedroom flats) with creation of a site access off Aysgarth with landscaping, car parking, cycle storage, refuse store and electricity substation.

Erection of 3 storey block of 9 flats (4 x no1 bedroom flats and 5 x no.2 bedroom flats) with creation of a site access off Aysgarth with landscaping, car parking, cycle storage, refuse store and electricity substation.

 

A site visit had been held on Saturday 13 June 2015 which had been attended by Councillors Angell, Mrs Angell, Hill, Mrs Ingham, Mrs McKenzie, Mrs McKenzie-Boyle, Peacey, Ms Phillips and Thompson.

 

The Committee noted:

 

• The supplementary report of the Head of Planning tabled at the meeting.
• The observations of Bracknell Town Council.
• 9 objections to the proposal, summarised as follows:

-       concerns with regard to privacy

-       loss of view/outlook

-       loss of green open space

-       loss of wildlife habitat

-       pedestrian/cyclist safety

-       lack of parking

 

The criteria for public speaking had been met in respect of this application and the Committee was addressed by the registered speaker Julia Godden, who represented her objections to the proposed development, and Daniel Knight, representing the Agent, on behalf of the applicant.

 

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

 

01.       (i) a vehicle/pedestrian access from Aysgarth and realignment works to public footway/cycleway adjacent to the site.       

            (ii) SPA Mitigation

 

That the Head of Development Management be authorised to APPROVE the application subject to the following condition(s):-

 

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.                                  

          1014-PD01 G - Proposed Site and Location Plans received 09.10.14  

          1014-PD02 E - Proposed Floor Plans received 09.10.14          

          1014-PD02 F - Proposed Elevations received 09.10.14

          1014 PD04     - Boundary Treatment received 18.07.14           

          1014-PD05 B - Open Space Plan received 09.10.14    

          1014-PD06 C - Indicative Sections received 09.10.14  

          EDS 07-0102.01 C - Electricity Substation Details Sheet 1 of 2 received 18.07.14     

          EDS 07-0102.01 C - Electricity Substation Details Sheet 2 of 2 received 18.07.14                 

         

03.     No development shall take place until samples of the materials to include bricks and roof tiles and other hard surfaces 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 slab 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.     The development shall not be begun until a Sustainability Statement covering water efficiency aimed at achieving an average water use in new dwellings of 110 litres/person/day, has been submitted to, and agreed in writing by, the Local Planning Authority. The development shall be implemented in accordance with the Sustainability Statement, as approved, and retained as such thereafter.                 

 

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:              

          (a)  that before taking account of any on-site renewable energy production 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)  that a proportion of the development's energy requirements will be provided from on-site renewable energy production.                      

                                      

          The buildings thereafter constructed by the carrying out of the development shall be in accordance with the approved assessment and retained in accordance therewith.         

         

07.     The development hereby permitted shall not be occupied until a means of access for pedestrians has been constructed in accordance with the approved site layout.

              

08.     The development hereby permitted shall not be occupied until the associated vehicle parking and turning space including drainage has been constructed and surfaced and marked out in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The vehicle parking and turning spaces shall not thereafter be used for any purpose other than parking and turning.        

         

09.     The means of vehicular access and egress to the permitted residential accommodation shall be from Aysgarth only.     

         

10.     The development hereby permitted 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.

         

11.     The development hereby permitted shall not be occupied until the existing access to the site 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.         

         

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 for off site highway works including the following:                            

          - to form an access into the site from Aysgarth

          - footpath/cycleway diversion                 

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

         

13.     The development hereby permitted shall not be begun until a scheme for the phasing of the provision of the access and any re-routing of the footpath/cycleway has been submitted to and approved in writing by the Local Planning Authority and shall include details of:                  

          (a) directional signs and their locations               

          (b) fencing/barriers                     

          (c) pedestrian/cycle routes                     

          (d) site lighting                 

          (e) phasing of all works               

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

         

14.     The development hereby permitted shall not be occupied until secure and covered parking for bicycles has been provided in accordance with the approved details. The cycle store shall therefore be retained and used as approved.

 

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

         

16.     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.

         

17.     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                               

          (f) Construction management plan setting out measures to minimise impacts of this development upon the existing residents of the area and each facility shall be retained throughout the course of construction of the development, free from any impediment to its designated use.     

          (g)No other areas on the site, other than those in the approved scheme shall be used for the purposes listed (a) to (f) above.      

         

         

18.     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.   

         

19.     No development shall commence until a scheme for the installation of bird and bat boxes, including a plan or drawing showing the location of the boxes, has been submitted to and approved in writing by the Local Planning Authority.                                    

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

         

20.     The scheme hereby permitted shall be carried out in accordance with the mitigation and enhancement measures outlined in FOA Ecology Ltd report, dated May 2014. An ecological site inspection report shall be submitted to and approved in writing by the Local Planning Authority within three months of the first occupation of the development hereby approved.         

 

21.     The development hereby permitted shall not be begun until details of a scheme for the disposal of foul and surface water has been submitted to and approved in writing by the Local Planning Authority. All works that form part of the approved scheme shall be carried out before the development or any part thereof is occupied.

 

22.    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, 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.            

 

23.       No development (including initial site-clearance) shall commence until a detailed scheme for the protection of existing trees, hedgerows and groups of mature shrubs to be retained, in accordance with British Standard 5837 (2012) 'Trees In Relation To Construction Recommendations' (or any subsequent revision), has been submitted to and approved in writing by the Local Planning Authority.  Protection measures shall be phased as necessary to take into account and provide protection during demolition/site clearance works - all construction works - hard landscaping works.  Details shall include an approved development layout plan at a minimum scale of 1:200, showing   the following:

 

a)   Accurate trunk positions and canopy spreads of all existing trees within the site and on adjoining land adjacent to the development within influencing distance of the development.

b)   Positions and spreads of existing hedgerows and groups of mature shrubs.

c)   All proposed tree, hedge or shrub removal. Shown clearly with a broken line. 

d)   Proposed location/s of 2.4m high protective barrier/s, supported by a metal scaffold framework, constructed as a minimum in accordance with Section 6 (Figure 2), to include appropriate weatherproof tree protection area signage (such as "Keep Out - Construction Exclusion Zone") securely fixed to the outside of the protective fencing structure at regular intervals.

e)   Illustration/s of the proposed protective barriers to be erected.

f)   Proposed location/s and illustration/s ground protection measures within the main root protection areas of retained trees, designed as necessary for pedestrian light traffic or heavy plant machinery, as necessary to prevent contamination and ground compaction.

g)   Annotated minimum distances between protective barriers and trunks of retained trees at regular intervals.

h)   All fenced off areas clearly annotated as Tree Protection Areas/Construction Exclusion Zones.

i)    Notes regarding restrictions which apply to Tree Protection Areas/Construction Exclusion Zones.

The development shall be carried out in full accordance with the approved scheme.

 

24.     The protective fencing and other protection measures specified by condition 23 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). Where phased protection measures have been approved, no works shall commence on the next phase of the development until the protective fencing barriers and other protective measures have been repositioned for that phase in full accordance with the approved details. No activity of any description must occur at any time within these 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 site office/sales buildings, 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.

 

In addition to the protection measures specified above, 

a)   No fires shall be lit within 20 metres of the trunks of any trees or the centre line of any hedgerow shown to be retained.

b)   No signs, cables, fixtures or fittings of any other description shall be attached to any part of any retained tree.

 

25.    No building work or deliveries shall take place during the construction of the development hereby approved outside the hours of 08.00 hours and 18.00 hours Monday to Friday; 08.00 hours and 13.00 hours Saturday and not at all on Sundays and Public Holidays.

 

26.    No development (including initial site clearance) shall commence until a programme of supervision/monitoring for all arboricultural protection measures, has been submitted to and approved in writing by the Local Planning Authority.  Details shall include: -

a)   Induction and personnel awareness of arboricultural matters.

b)   Identification of individual responsibilities and key personnel.

c)   Statement of delegated powers.

d)   Timing and methods of site visiting and record keeping.

e)   Procedures for dealing with variations and incidents.

The program of arboricultural monitoring shall be undertaken in full compliance with the approved details. No variation of the approved monitoring program shall take place without the prior written agreement of the Local Planning Authority. A copy of the signed inspection report shall be sent to the Local Authority following each visit.

 

27.       No development shall commence until a detailed site specific construction method statement for all hard surfaced areas of any description within the minimum root protection areas of retained trees calculated in accordance with British Standard 5837:2012 'Trees In Relation To Construction Recommendations', or any subsequent revision, has been submitted to and approved in writing by the Local Planning Authority.  Details shall be based on a porous 'No-Dig' principle of construction, avoiding any excavation of existing levels in all areas concerned, and shall include: -

a)   An approved development layout plan identifying all areas where special construction measures are to be undertaken.

b)   Materials including porous surface finish.

c)   Construction profile/s showing existing /proposed finished levels together with any grading of levels proposed adjacent to the footprint in each respective structure.

d)   Program and method of implementation and arboricultural supervision.

The Construction Method Statement shall be implemented in full accordance with the approved scheme, under arboricultural supervision, prior to the occupation of the dwelling. The No Dig structure shall be retained in perpetuity thereafter.

 

28.       No development shall commence until a site specific method statement for the removal of all existing hard surfaced areas and/or structures of any other description, located within the minimum Root Protection Areas (RPA's) of trees to be retained, has been submitted to and approved in writing by the Local Planning Authority.  Details shall include: -

a)   A site plan at a minimum scale of 1:200, identifying all areas where such work is to be undertaken.

b)   Reinstatement to soft landscape area including proposed ground de-compaction works.

c)   Timing and phasing of works.

The Construction Method Statement shall be observed, performed and complied with in full accordance with the approved details.

 

29.       No development (including any initial site-clearance works) shall commence until details of the foundation structure/s, of the approved building/s, so designed to minimise their adverse impact on tree roots, have been submitted to and approved in writing by the Local Planning Authority.  Details shall be site specific and include: -

An approved layout plan at a minimum scale of 1:200 scale, showing the accurate trunk positions and branch spreads of existing retained trees in relation to the proposals.

a)   Layout and construction profile drawing/s.

b)   Engineering/ Arboricultural construction method statement.

c)   Implementation method statement including timing/ phasing of works.

The foundation structure shall be implemented in full accordance with the approved details.

 

30.    No development shall commence until:

(i) a site layout plan at a minimum scale of 1:200 showing the proposed layout of all underground services and external lighting and

(ii) a programme for the phasing and timing of works

have been submitted to and approved in writing by the Local Planning Authority.  Details of the site layout plan shall include: -

a)   Accurate trunk positions and canopy spreads of all retained trees/hedgerows and mature groups of shrubs.

b)   Surface water/ foul drainage and associated inspection chambers (existing reused and new)

c)   Soak-aways (where applicable)

d)   Gas, electricity, telecom and cable television.

e)   Lighting columns and all associated ducting for power supply.

f)   Phasing and timing of works.

The development shall be carried out in full accordance with the approved site layout and the approved programme.

 

31.    No development shall take place until:

(i) details of all proposed alterations to the ground levels within the site within 5 metres of the minimum 'Root Protection Areas' calculated in accordance with BS 5837 (2012) recommendations (or any subsequent revision), for all existing retained trees within the site and on neighbouring land adjacent to the approved development.  The details to include:

a)   Existing and proposed finished levels.

b)   Any proposed soil level re-grading in relation to existing retained trees, hedges and other vegetation.

c)   Proposed retaining structures required to address level differences adjacent to retained trees and hedges and other vegetation, and

(ii) a programme and method of implementation have been submitted to and approved in writing by the Local Planning Authority.

The development shall be carried out in accordance with the approved site layout plan and the approved programme.

 

RESOLVED in the event of the S106 planning agreement not being completed by 30 November 2015 the Head of Planning 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).