Agenda item

Section 73 application for the variation of conditions 02 (approved plans) and 28 (Sustainable Drainage Scheme) of planning permission 15/00209/FUL (for the erection of 5no. 5 bedroom dwellings with associated works) to provide a revised drainage strategy and for minor internal and external amendments to the design of the proposed buildings including changes to fenestration and the addition of a single-storey element to the house on Plot 5.

 

The Committee noted:

• The supplementary report of the Head of Planning tabled at the meeting.
• The comments of Binfield Parish Council.

 

It was RESOLVED 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 and documents:-

P.196.02 21.01.16

P.196.03 21.01.16

P.196.04 21.01.16

P.196.05 21.01.16

P.196.06 21.01.16

P.196.07 21.01.16

T.196.00.540B Proposed Levels and Drainage 20.04.16

6111-SK-001-A Site Access received 05.03.15.

Energy Statement received 05.03.15

Amended Tree Report received 23.06.15.

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 Policies: BFBLP EN20, Core Strategy DPD CS7]

 

04.     The development hereby permitted shall not be begun until details showing the finished floor levels of the dwellings, garages, bin stores and the levels of the roads 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 character of the area.                      

          [Relevant Policies: BFBLP EN20, Core Strategy DPD CS7

 

05.     The development hereby permitted shall not be begun until comprehensive details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:-    

a)           Comprehensive planting plans of an appropriate scale and level of detail that provides adequate clarity including details of ground preparation and all other operations associated with plant and grass establishment, full schedules of plants, noting species, and detailed plant sizes/root stock specifications, planting layout, proposed numbers/densities locations.        

          b)           Details of semi mature tree planting. 

          c)           Comprehensive 5 year post planting maintenance schedule.          

d)         Underground service and external lighting layout (drainage, power,  communications cables, pipelines etc. indicating lines, manholes etc.), both existing reused and proposed new routes.       

e)         Means of enclosure (walls and fences etc) including fencing that is permeable to badgers at the end of both the existing and proposed badger corridors. 

f)          Paving including pedestrian open spaces, paths, patios, proposed materials and construction methods, cycle routes, parking courts, play areas etc.         

          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, 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]

 

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 (which proportion shall be 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 sustainability and the efficient use of resources.

          [Relevant Plans and Policies: CSDPD Policy CS12]

 

07.     No dwellings shall be occupied until a means of vehicular access has been constructed in accordance with details shown on drawing no. 2208-01-A: Site Plan. The means of access as shown on drawing 2208-01-A shall remain thereafter.

          REASON: In the interests of highway safety.

          [Relevant Policies: Core Strategy DPD CS23]

 

08.     The development hereby permitted shall not be begun until all the visibility splays shown on the approved drawing 6111-SK-001-A: Site Access have been provided.  Those areas 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 adjacent carriageway.

          REASON: In the interests of highway safety.

          [Relevant Policies: Core Strategy DPD CS23]

 

09.     The dwellings shall not be occupied until visibility splays of 2.0 metres by 2.0 metres have been provided at the junction of the driveways 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 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]

 

10.     No dwelling shall be occupied until the associated vehicle parking and turning space has been surfaced and marked out in accordance with the approved drawing 2208-01-A: Site Plan. 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]

 

11.     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]

 

12.     No dwelling shall be occupied until secure and covered parking for bicycles has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall thereafter be kept available for cycles at all times.

          REASON: In order to ensure bicycle facilities are provided.

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

 

13.     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 comprising the following:

          - widening Murrell Hill Lane at the new site access

          - provision of a passing place on Murrell Hill Lane.

          The dwellings 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.

          REASON: In the interests of highway safety.

          [Relevant Policy: BFBLP M4, CSDPD CS24]

 

14.     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 (d) above without the prior written permission of the Local Planning Authority.

          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 of 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.

j)             Proposed protection method to prevent run off of toxic substances, liquids cement washings etc of any description from the construction area, into the construction exclusion zones approved around retained trees.   

          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.     No development shall commence until a site specific design for the construction of the access road has been submitted to and approved in writing by the Local Planning Authority.  Details shall include:-

a)           1:200 scale construction profiles at regular intervals along its length showing existing /proposed finished levels in relation to existing retained tree trunk locations, together with any grading of levels proposed to the south side of its footprint.

          The Construction Method Statement shall be implemented in full accordance with the approved scheme, prior to the occupation of any dwelling.

          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.

 

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.

 

20.     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.

          REASON:  In the interests of safeguarding the long term health and survival of retained trees, hedges and other vegetation considered worthy of retention.

 

21.     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 enlargement, addition, improvement or other alteration permitted by Classes A, B, C, D and E of Part 1 of the Second Schedule of the 1995 Order shall be carried out.

          REASON:  The site is affected by a Tree Preservation Order/contains trees which are a feature of the site where strict control over development is required by the policies of the development plan to ensure their protection. 

 

22.     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 hard surface as permitted by Class F of Part 1 of the Second schedule of the 1995 Order shall be provided for any purpose incidental to the enjoyment of a dwelling house

          REASON: In the interests of the health of nearby trees.

 

23.     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 in writing by the Local Planning Authority. Any such study will have to be complied with during construction.

          REASON: In the interests of nature conservation

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

 

24.     All ecological measures and/or works shall be carried out in accordance with the details contained in PJC Ecology's report dated September 2014 and shall be retained thereafter.

          REASON: In the interests of nature conservation

          [Relevant Plans and Policies: CSDPD CS1]

 

25.     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 implemented, observed and complied with.

          REASON: In the interests of nature conservation

          [Relevant Plans and Policies: CSDPD CS1, CS7]

 

26.     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. Under no circumstances should any other external lighting be installed without prior written consent from the local planning authority.

          REASON: In the interests of nature conservation

          [Relevant Plans and Policies: CSDPD CS1, CS7]

 

27.     On the development hereby permitted no property shall be occupied until details of the maintenance and management of a sustainable drainage scheme designed in accordance with the approved Surface Water Drainage Strategy June 2015 have been submitted to and approved in writing by the local planning authority.  Those details shall include:-

          A management and maintenance plan which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a Residents' Management Company or any other arrangements to secure the operation of the sustainable drainage scheme for the lifetime of the development .

          Once approved, the scheme shall be managed and maintained thereafter in accordance with the approved management and maintenance plan for the lifetime of the development. 

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

 

28.     On the development hereby permitted no property shall be occupied until a sustainable drainage scheme which serves the property has been constructed in accordance with the approved Proposed Levels and Drainage T.196.00.540B 20.04.16. The drainage scheme shall be retained thereafter.

REASON: To prevent the increased risk of flooding.

 

29.     The development hereby permitted shall not be begun until details of the design of the sustainable drainage scheme have been submitted to and approved in writing by the Local Planning Authority.  Those details shall include:-

          a)           Details for the permeable paving design

          b)           Details for the function and design of the storage system pipework

          c)           Details for the connection of the properties to the sustainable drainage system

          d)           Details for the connection of the sustainable drainage system to the final outfall

          The sustainable drainage scheme shall be implemented as approved prior to the occupation of the dwellings and shall be retained thereafter.

          REASON: To prevent the increased risk of flooding from the development.

 

30.     The development hereby permitted shall not be begun until a programme of archaeological work (which may comprise more than one phase of work) has been implemented in accordance with a written scheme of investigation which has been submitted to, and approved in writing, by the Local Planning Authority.

          REASON: The site lies within an area of archaeological potential, principally for prehistoric and Roman remains. The programme of work will mitigate the impacts of development and ensure an appropriate record and advance understanding of the significance of any heritage assets in accordance with national and local policy.

 

31.     No development shall commence 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 and approved means of enclosure shall be 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]

 

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

          REASON: In the interests of highway safety.

          [Relevant Policies: Core Strategy DPD CS23]

 

33.     The refuse collection point shown on the approved site plan shall be provided before the first occupation of the houses on plots 4 and 5 and shall thereafter be retained.

          REASON: To provide adequate on-site refuse storage.

 

34.     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)          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

          The development shall be carried out in accordance with the approved scheme or as may otherwise be agreed in writing by the Local Planning Authority.

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

          [Relevant Policies: BFBLP EN25]