Agenda item

Application 15/00309/FUL The Oaks, 108 Locks Ride, Ascot

Erection of 1 no. 5 bed replacement dwelling and detached a garage and 2no.3 bed bungalows and garages to the rear of the site and construction of a new access road following the demolition of the existing bungalow and removal of existing commercial buildings and mobile home.

Minutes:

Erection of 1 no. 5 bed replacement dwelling and detached a garage and 2no.3 bed bungalows and garages to the rear of the site and construction of a new access road following the demolition of the existing bungalow and removal of existing commercial buildings and mobile home.

 

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, Phillips and Thompson.

 

The Committee noted:

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Winkfield Parish Council

·         Six letters of objections from residents of surrounding properties, which are summarised in the agenda papers.

 

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

 

-       Measures to avoid and mitigate the impact of residential development upon the Thames Basin Heaths Special Protection Area (SPA).

 

That 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 approved plans and other submitted details.                                              

 

0251/P/10A Proposed Site Layout - LPA received 20.10.15

0251/P/11A Plot 1- Floor Plans - LPA received 20.10.15

0251/P/12A Plot 2- Floor Plans - LPA received 20.10.15

0251/P/13A Plot 1- Elevations (west/north) - LPA received 20.10.15

0251/P/14A Plot 1- Elevations (east/south) - LPA received 20.10.15

0251/P/15A Replacement House - Ground Floor Plan - LPA received 20.10.15

0251/P/16A Replacement House - First Floor Plan - LPA received 20.10.15

0251/P/17A Replacement House Elevations 1 (south/east) - LPA received 20.10.15

0251/P/18A Replacement House Elevations 2 (north/west) - LPA received 20.10.15

0251/P/19    Site Layout Existing - LPA received 20.10.15

0251/P/20    Site Layout - vehicle track - LPA received 20.10.15

0251/P/20    Site Survey - LPA received 20.10.15

Contamination Assessment Report No 14/10062/KJC (January 2014)

Ecological Report (Dated 8th January 2016) - LPA received 11.01.16

 

          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 include brick sample panel, roof tiles, windows, doors, boundary enclosures 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.

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

          [Relevant Policies: BFBLP Saved Policy EN20, CSDPD CS7]

 

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.

REASON: In the interests of the neighbours amenity and the character of the area.

[Relevant Policies: BFBLP Saved Policy EN20, CSDPD CS7]

 

05.     The development hereby permitted shall not be begun until details of a scheme of walls, fences 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.

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

[Relevant Policies: BFBLP Saved Policy EN20, CSDPD CS7]

 

06.     No development (other than the construction of the access) shall take place until the access has been constructed in accordance with the approved plans.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

07.     No dwelling shall be occupied until a means of access for pedestrians has been constructed in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be retained.

REASON: In the interests of accessibility and to facilitate access by cyclists and/or pedestrians.

[Relevant Policies: BFBLP M6, Core Strategy DPD CS23]

 

08.     No dwelling shall be occupied until the associated vehicle parking and turning space has been surfaced in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The spaces shall not thereafter be used for any purpose other than parking and turning.

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]

 

09.     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]

 

10.     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 covered and secure cycle parking facilities. The dwellings shall not be occupied until the approved scheme has been implemented. The facilities shall be retained as approved thereafter.

          REASON: In the interests of accessibility of the development to cyclists.

          [Relevant Policies: BFBLP Saved Policy M9, CSDPD Policy CS23]

 

11.     No dwelling shall be occupied until the area shown for car parking on the approved plan has been drained and surfaced in accordance with details submitted to and approved by the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking of vehicles.

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]

 

12.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (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 first floor level or above of the north and south facing side elevations of the dwellings 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 Saved Policy EN20, CSDPD Policy CS7]

 

13.     The bedroom windows (bedroom 3 and bedroom 5) in the rear and side facing elevation of Plot 1 hereby permitted shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent). They shall at all times be fixed with the exception of a top hung openable fanlight.

REASON: To prevent the overlooking of neighbouring properties.

[Relevant Policies: BFBLP EN20]

 

 

14.     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.

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]

 

 

15.  No development (including initial site-clearance) shall commence until a detailed scheme for the protection of existing trees, hedgerows, groups of mature shrubs and structural planting areas 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 2m high (minimum) 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.

 

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. 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.

 

17.     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 Saved Policy EN2 and EN20, CSDPD Policy CS7]

 

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. The scheme shall be implemented as approved.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

19.     All ecological measures and/or works shall be carried out in accordance with the details contained in AA Environmental Ltd’s report dated 8th January 2016, and the enhancement plan attached to that report. All measures shall be implemented as approved.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1]

                

20.  The dwellings shall not be occupied until a scheme for the provision of bird and bat boxes (and other 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 performed, observed and complied with.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD Policy CS1, CS7]

 

21.     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: Core Strategy DPD CS10]

 

22.     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 10%) Has been submitted to and approved in writing by the Local Planning Authority.  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]

 

23.     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 (e) above.

          REASON: In the interests of amenity and road safety.

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

 

24.     Following the approval and findings in the Desk Top Study, a Phase II report (Site investigation) is required to be carried out by a competent person to fully and effectively characterise the nature and extent of any land and/or groundwater contamination and its implications.  The method and extent of this site investigation shall be agreed with the Local Planning Authority prior to commencement of the work and shall then proceed in strict accordance with the measures approved.

This must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11”.

REASON: The proposed development is located on a potentially contaminated site, due to its historic land use.  To ensure the development is suitable for its end use and the wider environment and does not create undue risks to occupiers of the site or surrounding areas.

[Relevant Policies: BFBLP Saved Policy Saved Policy EN25]

 

25.     Following completion of the desk top study and site investigation required by the above condition, if necessary the remediation scheme to deal with any contaminants identified, must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include an implementation timetable, monitoring proposals and a remediation verification methodology. The remedial scheme must be carried out before the development commences.

Should any unforeseen contamination be encountered during the development, the Local Planning Authority shall be informed immediately.  Any further investigation/remedial/protective works shall be carried out to agreed timescales and approved by the Local Planning Authority in writing. 

REASON: To enable to the Local Planning Authority to ensure that appropriate measures are taken to avoid any threat which the proposed development might pose to health and safety and/or the environment.

[Relevant Policies: BFBLP Saved Policy Saved Policy EN25

 

26.     A Site Completion Report shall be submitted to, and approved in writing by, the Local Planning Authority.  The report must detail the conclusions, actions taken and verification methodology at each stage of the works and shall include a sampling and analysis programme to confirm the adequacy of decontamination. An appropriately qualified person shall oversee the implementation of all remediation. The construction of buildings shall not commence until the investigator has provided a report, which shall include confirmation that all remediation measures have been carried out fully in accordance with the remediation scheme. The report shall also include results of the verification programme of post-remediation sampling and monitoring in order to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report.

If no contamination is encountered during the development, a letter confirming this fact shall be submitted to the Local Planning Authority upon completion of the development.

This must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11”.

REASON: To enable to the Local Planning Authority to ensure that appropriate measures are taken to avoid any threat which the proposed development might pose to health and safety and/or the environment.

[Relevant Policies: BFBLP Saved Policy Saved Policy EN25]

 

         

 

 

 

 

In the event of the S106 agreement not being completed by 31 May 2016, the Head of Planning be authorised to either extend the period further 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).

 

 

 

Supporting documents:

 

Contact Information

Democratic services

Email: committee@bracknell-forest.gov.uk