Agenda item
PS15/01130/FUL Thomas Ross Limited, St Marks Road, Binfield
Erection of 12 apartments (6 x 2 bedroom and 6 x 1 bedroom) with associated access and parking following demolition of existing building.
Minutes:
Erection of 12 apartments (6 x 2 bedroom and 6 x 1 bedroom) with associated access and parking following demolition of existing building.
A site visit had been held on Saturday 20 February 2016 which had been attended by Councillors Brossard, Finnie, Hill, Mrs Mattick, Mrs McKenzie, Mrs McKenzie-Boyle, Peacey and Thompson.
The Committee noted:
· The supplementary report of the Head of Planning tabled at the meeting.
· The comments of Binfield Parish Council
· 12 objections from residents of surrounding properties, which are summarised in the agenda papers.
The criteria for public speaking had been met in respect of this application and the Committee was addressed by the registered speakers Mr Huntsman representing local residents and Ms Temple, the agent representing the applicant.
It was RESOLVED that following the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 relating to:-
- Measures to mitigate and avoid adverse impacts on the Thames Basin Heaths Special Protection Area
the Head of Planning be authorised to APPROVE the application subject to the following conditions amended, added to or deleted as the Head of Planning considers necessary:-
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 and documents:
Site location plan
01 B – Proposed site plan and street scene elevation
02 B – Proposed floor plans
03 A – Proposed elevations and sections
REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
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.
REASON: In the interests of the visual amenities of the area.
[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
04. The development hereby permitted shall not be occupied untildetails of a scheme of walls, fences, gates, screening to patios and any other means of enclosure has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the occupation of any of the buildings approved in this permission and retained therein.
REASON: - In the interests of the visual amenities of the area and to safeguard existing retained trees, hedges and shrubs and privacy of adjacent residential properties.
[Relevant Plans and Policies: BFBLP EN20, Core Strategy DPD CS7]
05. The development hereby permitted shall not be begun until a noise survey has been conducted at the site to consider the impact of the traffic along the ramp next to No.4 St Marks Road. The survey and results shall be submitted to and approved in writing by the Local Planning Authority and details of any mitigation required as the result of the survey shall be submitted to and agreed by the Local Planning Authority and implemented on site prior to the occupation of the development and retained therein.
REASON:-In the interests of the amenity of no. 4 St Marks Road.
[Relevant Policies: BFBLP EN25]
06. The development hereby permitted shall not be begun until a waste service management plan, including details of the bin storage area, pick up points within 25 metres of St Marks Road and the site management measures for bins to be brought to the temporary collection point(s) has been submitted to and approved in writing by the Local Planning Authority. Such management practices shall be provided in accordance with the approved details prior to the first occupation of the development and thereafter permanently retained.
REASON: To ensure the provision of satisfactory waste collection facilities in the interests of amenity.
[Relevant Policies: BFBLP EN25]
07. No development shall be occupied until a means of vehicular access has been constructed in accordance with the approved plans.
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy DPD CS23]
08. The dwellings shall not be occupied until the visibility splays have been provided at the junction of the driveway and the adjacent footway in accordance with the approved plans. 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]
09. The development shall not 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.
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]
10. The development shall not be occupied until secure and covered parking for bicycles has been provided in accordance with the approved drawings and retained thereafter.
REASON: In order to ensure bicycle facilities are provided.
[Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
11. Prior to the occupation of the development a scheme shall have been submitted to and approved in writing by the Local Planning Authority for off –site footway provision. The development shall not be occupied until the off-site footway provision works have been completed in accordance with the approved scheme.
REASON: In the interests of highway safety.
[Relevant Policy: BFBLP M4]
12. The car parking indicated on the approved plans as car parking for people with disabilities shall be provided prior to the first occupation of the building and shall thereafter be retained.
REASON: To ensure that people with disabilities have adequate access to the development.
[Relevant Policy BFBLP M7]
13. The development hereby permitted shall not be occupied until
(a)details of the location of 2 visitor car parking spaces, and
(b)details of the signing for the spaces
have been submitted to and approved in writing by the Local Planning Authority. The car parking spaces shall be provided and signed in accordance with the approved details and the spaces and signage shall thereafter be retained.
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]
14. No development shall take place 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 (e) above.
REASON: In the interests of amenity and road safety.
15. 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.
REASON: - In order to safeguard trees and other vegetation considered to be worthy of retention in the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
16. The protective fencing and other protection measures specified by condition 15 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.
REASON: - In order to safeguard trees and other vegetation considered to be worthy of retention in the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
17. 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 first occupation of the building. The No Dig structure shall be retained in perpetuity thereafter.
REASON: In order to alleviate any adverse impact on the root systems and the long term health of retained trees, in the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
18. 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.
REASON: - In order to safeguard tree roots and thereby safeguard trees in the interests of the visual amenity of the area.
Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
19. 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.
REASON: - In order to safeguard tree roots and thereby safeguard existing trees and other vegetation considered worthy of retention and to ensure new soft landscape planting areas are not adversely affected and can be used for their approved purpose, in the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
20. 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. The agreed scheme shall be fully observed.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: BFBLP EN3, CSDPD CS1, CS7]
21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 or any Order revoking and re-enacting that order, no external lighting shall be installed on the site or affixed to any buildings on the site except in accordance with details set out in a lighting design strategy for biodiversity that has first been submitted to and approved in writing by the Local Planning Authority. The strategy shall:
a) identify those area/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory or having access to their breeding sites and resting places.
All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: CSDPD CS1, CS7]
22. 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) site security arrangements including hoardings
(iv) proposed method of piling for foundations or excavation for undercroft parking
(v) working hours for construction, demolition, piling and excavation for undercroft parking
(vi) 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.
REASON: In the interests of the amenities of the area.
[Relevant Policies: BFBLP EN25]
23. 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 developments energy requirements will be provided from on-site renewable energy production (which proportion shall be at least 20%).
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 Policy: CSDPD Policy CS12]
24. 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.
REASON: In the interests of sustainability and the efficient use of resources.
[Relevant Policy: CSDPD Policy CS10]
25. The first floor windows in the side elevations of the proposed development shall at all times be high level windows having a sill height of not less than 1.8 metres above internal floor levels.
REASON: To prevent the overlooking of neighbouring properties.
[Relevant Policies: BFBLP EN20]
26. The development shall not be begun until evidence has been provided to and agreed in writing by the Local Planning Authority that the development will be served by a superfast broadband (fibre optic) connection. Where it can be demonstrated that this would not be possible, practical or economically viable, through consultation with Next Generation Access (NGA) Network providers, sufficient and suitable ducting shall be provided within the site and to the property to facilitate ease of installation at a future date. The agreed details shall be fully integrated into the proposed development and retained therein.
REASON: To provide high speed broadband
[Relevant Policies: Policy CO1 of the Emerging Binfield Neighbourhood Plan 2015-2026]
27. The development shall not be occupied until details of the location and wording of signage to inform cyclists to dismount their bicycles prior to accessing the basement car park shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be provided within the development prior to the first use of the basement car park and retained thereafter.
REASON: To ensure the safety of cyclists entering the basement carpark.
[Relevant Policies: BFBLP M9]
28. The development shall not be occupied until a scheme for the provision of biodiversity enhancements (not mitigation), including a plan or drawing showing the location of these enhancements, has been submitted to and approved in writing by the local planning authority. The approved scheme shall be provided within the development prior to the occupation of the building and retained thereafter.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: CSDPD CS1, CS7]
29.The development hereby approved shall be strictly in accordance with soft landscaping plan 8468/06 Rev A and the post planting maintenance schedule shown on the plan. All planting comprised in the soft landscaping works shall be carried out and completed in full accordance with the above details, 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. 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.
REASON: In the interests of good landscape design, visual amenity of the area and biodiversity.
[Relevant Policies: BFBLP EN2 and EN20, CSDPD CS1 and CS7]
30. No building hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the approved drainage report produced by esi Environment Specialists ref: 64214R1REV1 dated Feb 2016 and associated drawing D01.
REASON: To ensure that the site is properly drained and does not increase the risk of flooding
[Relevant Plans and Policies: CSDPD CS1]
31. The development hereby permitted shall not be occupied until a management plan containing details of the maintenance and operation of the sustainable drainage scheme for the lifetime of the development have been submitted to and approved in writing by the local planning authority.
Those details shall include:-
o management plan for the sustainable drainage scheme to include the maintenance of the drainage system pumps and oil interceptor;
o operation of the sustainable drainage scheme including repair, replacement and servicing.
Following occupation of the development the sustainable drainage scheme serving that building shall be operated and maintained in accordance with the agreed management plan for the lifetime of the development.
REASON: To prevent the increased risk of flooding
[Relevant Policy: Planning Practice Guide 'Flood Risk and Coastal Change' as amended 15/04/2015]
In the event of the S106 agreement not being completed by 31 March 2016, the Head of Planning be authorised to extend this period or 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).
02. In the absence of a management scheme to secure the maintenance of the Sustainable Urban Drainage System it has not been demonstrated that the drainage will be maintained for the lifetime of the development. This is contrary to the House of Commons: Written Statement (HCWS161) Sustainable Drainage Systems 18/12/2014, NPPF 2012 and the Flood Risk and Coastal Change PPG updated 15/04/2015.
Supporting documents: