Agenda item

PS Application 15/01258/FUL Former Harts Leap Nursing Home, 5 Windrush Heights, Sandhurst

Erection of 7 no. 4 bed and 1 no. 3 bed detached houses and garages following demolition of all existing buildings.

Minutes:

Erection of 7 no. 4 bed and 1 no. 3 bed detached houses and garages following demolition of all existing buildings.

 

The Committee noted:

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

·         The comments of Sandhurst Town Council.

·         16 letters of objection as summarised in the agenda papers and supplementary report.

 

The criteria for public speaking had been met in respect of this application and the Committee was addressed by the registered speakers Mr Palmer, objector to the application and Mr Dickinson, representing the applicant.

 

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 Basins Heath Special Protection Area (SPA) and to secure the ongoing maintenance of a sustainable drainage system;       

 

That the Head of Planning 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.               

          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 received by the Local Planning Authority 22/12/2015 and re-stamped on 08/02/2016:   

 

          14-P1034-8-301: Proposed plans and elevations plot 1

          14-P1034-8-302: Proposed plans and elevations plot 2

          14-P1034-8-303: Proposed plans and elevations plot 3

14-P1034-8-305: Proposed plans and elevations plot 5

14-P1034-8-306: Proposed plans and elevations plot 6

14-P1034-8-307: Proposed plans and elevations plot 7

14-P1034-8-308: Proposed plans and elevations plot 8

 

And the following approved plan received by the local authority on 27/01/2016 and restamped on 08/02/2016:

 

14-P1034-8-304: Proposed plans and elevations plot 4

 

And the following approved plan received by the local authority on 07/03/2016:

 

14-P1034-8-300 A: Proposed site plan

 

          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 (including initial site-clearance) shall not be begun until a detailed scheme, and programme for its implementation for the protection of existing trees 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.  The submitted scheme shall include proposals for the phasing of its implementation so that protection is provided from the commencement of demolition or site clearance works (whichever is the sooner), through to the construction works and the completion of hard landscaping works.  The submitted scheme shall include the following:

 

a)   Accurate trunk positions and canopy spreads of all existing trees

b)   Minimum ‘Root Protection Areas’ of all existing trees

c)   Plans of a minimum scale of 1:200 showing the proposed locations of protective barrier/s, constructed in accordance with Section 6 (Figures 2 or 3) of BS 5837:2012, 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.

d)   Proposed ground protection measures in accordance with Section 6 (Figure 3) of BS 5837:2012.

e)   Annotated minimum distances between fencing and trunks of retained trees at regular intervals.

f)    Illustration/s of the proposed fencing structure/s to be erected.

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

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]

 

05   The protective fencing and other protection measures specified by condition 04 shall be erected 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. 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]

 

06   The development hereby permitted shall not be begun untildetails 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 and to safeguard existing retained trees, hedges and shrubs.

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

 

07   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 EN2 and EN20, CSDPD CS7]

 

08   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 and implemented.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: BFBLP EN3 CS1, CS7]

 

09   The demolition shall not be begun until a scheme for the provision of bird and bat boxes (and other biodiversity enhancements), 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 CS1, CS7]

 

10    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) 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..

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

11   No demolition or construction work shall take place outside the hours of 8:00 am and 6:00 pm Monday to Friday; 8:00 am and 1:00 pm Saturday and not at all on Sundays and Public Holidays.

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

[Relevant Policies: BFBLP EN25]

 

12   During the demolition and construction phases, no deliveries shall be taken at or dispatched from the site outside the hours of 8:00 am and 6:00 pm Monday to Friday; 8:00 am and 1:00 pm Saturday and not at all on Sundays and Public Holidays.

REASON: In the interests of the amenities of the occupiers of nearby residential premises.

[Relevant Policies: BFBLP EN25]

 

13     The development hereby permitted (including any demolition) shall not be begun until details of a scheme of control during 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– in particular details of noisy equipment or activities and how disturbance will be minimised where there are noise sensitive neighbours

(ii) control of dust, smell and other effluvia

(iii) control of surface water run off

(iv) site security arrangements including hoardings

(v)   proposed method of piling for foundations

(vi)  construction and demolition working hours

(vii)hours during the construction and demolition phase, when delivery vehicles or vehicles taking materials are allowed to enter or leave the site

(viii)   Parking of vehicles of site personnel, operatives and visitors

(ix)  Loading and unloading of plant and vehicles

(x)   Storage of plant and materials used in constructing the development

(xi)  Wheel cleaning facilities

(xii)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 (viii) to (xii) above.

REASON: In the interests of the amenity of the area amenity and road safety.

[Relevant Policies: BFBLP EN25 and CS DPD CS23]

 

14   No dwelling shall 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.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

15   The dwelling(s) shall not be occupied until visibility splays of 2.0 metres by 2.0 metres have been provided at the junction of the private driveways and the adjacent carriageway.  The dimensions shall be measured along the edge of the drive and the edge of the carriageway from their point of intersection.  The visibility splays shall at all times 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]

 

16   No dwelling shall be occupied until the vehicle parking and turning spaces have been surfaced and marked out in accordance with the approved plans. 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]

 

17   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), 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]

 

18   No dwelling shall be occupied until a scheme has been submitted to and approved in writing by the Local Planning Authority for cycle parking facilities within the garages.   The dwellings shall not be occupied until the approved scheme has been implemented.  The facilities shall be retained.

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

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

 

19   No gates shall be provided at the vehicular accesses to the site. 

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

20   The development hereby permitted shall be implemented in accordance with the

submitted Sustainability and Energy Statement and shall be retained in accordance

therewith.

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

[Relevant Policies: Core Strategy DPD CS10, CS12]

 

21   The development shall incorporate surface water drainage that is SuDS compliant  and in accordance with DEFRA "Sustainable Drainage Systems - Non-statutory technical standards for sustainable drainage systems" (March 2015).  It shall be operated and maintained as such thereafter. 

REASON: To prevent increased risk of flooding, to improve and protect water quality and ensure future maintenance of the surface water drainage scheme.

[Relevant Policies: CSDPD CS1, BFBLP EN25]

 

In the event of the S106 agreement not being completed by 25 June 2016, the Head of Planning be authorised to refuse the application on the grounds of:

 

1.    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).

 

2.    In the absence of a planning obligation, the applicant has not satisfactorily demonstrated that the ongoing maintenance of sustainable drainage would be secured. and there is therefore a risk of surface water flooding on and off the site. As such, the proposed development would be contrary Policy CS1 of the Core Strategy Development Plan Document, and the NPPF.

Supporting documents: