Agenda item

Section 73 application for the variation of condition 02 (approved plans) of planning permission 13/00966/FUL for the erection of 5 no. five bedroom, 7 no. four bedroom, 2 no. three bedroom and 10 no. two bedroom dwellings with associated landscaping and vehicular access from Knox Green following demolition of existing buildings, and alterations to wall within the curtilage of a listed building. [Note for clarification: this application seeks a minor material amendment to the approved scheme including changes to fenestration, the introduction of chimneys, amendments to garage roof structures and brick detailing, adjustments to the siting of a number of plots to provide more space for parking and removal of the link element between plots 19/21 and 22/24].

The Committee noted:

 

• The Supplementary report of the Head of Planning tabled at the meeting.
• The comments of Binfield Parish Council objecting to the proposal.

 

RESOLVED 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 01.04.2018.

              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:-

              PL-1000 Location Plan

              8278-PL-1002AP Proposed Block Plan

              8278-PL-1003AP Proposed Information Layout

              PL-1009A Proposed Listed wall elevations

              PL-101 Rev B Plot 1  - Floor Plan

              PL-102  Rev B Plot 1- Elevations

              PL-103 Rev. C Plot 2 - Ground and first floor plan

              PL-104 Rev. A Plot 2 - Second floor and roof plan

              PL-105 Rev. C Plot 2 - Elevations

              PL-106 Rev. B Plot 3 - Ground and first floor plan

              PL-107 Rev. A Plot 3 - Second floor plan and roof plan

              PL-108 Rev. A Plot 3 - Elevations

              PL-109 Rev. B Plot 4 - Floor Plan

              PL-110 Rev. B Plot 4 - Elevations

              PL-111 Rev. B Plot 5 - Floor plans and elevations

              PL-112 Rev. B Plot 6 - Floor plans and elevations

              PL-113 Rev. D Plot 7 - Floor Plan

              PL-114 Rev. D Plot 7 - Elevations

              PL-115 Rev. B Plot 8 - Floor Plan

              PL-116 Rev. D Plot 8 - Elevations

              PL-117 Rev. E Plot 9 - Ground and first floor plan

              PL-118 Rev. C Plot 9 - Second floor plan and roof plan

              PL-119 Rev. CPlot 9 - Elevations

              PL-120 Rev. C Plot 10 - Floor Plan

              PL-121 Rev. B Plot 10 - Elevations

              PL-122 Rev. C Plot 11 - Floor Plan

              PL-123 Rev. B Plot 11 - Elevations

              PL-124 Rev. C Plot 12 - Floor Plans

              PL-125 Rev. A Plot 12 - Elevations and roof plan

              PL-126 Rev C Plots 13 & 18 Elevations

              PL-127 Rev D Plot 13 & 18 Floor Plans

              PL-128 Rev B Plot 14-17 Floor Plans

              PL-129 Rev. A  Plot 14-17 Elevations

              PL-130 Rev. A Plot 14-17 Roof Plan and Elevations

              PL-131 Rev D Plots 19,20,21 Floor Plans

              PL-132 Rev C Plots 19,20,21 Floor Plans

              PL-133 Rev. C Plots 22,23,24 Floor Plans

              PL-134 Rev. B Plots 22,23,24 Elevations

              PL-135 Bin Store plans and elevations

              PL-21A Double garage for No. 64 Knox Green

              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 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 character of the area.

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

 

05.         No development (other than the construction of the access and the provision of replacement parking for Nos 64 and 65 Knox Green) shall take place until the access from Knox Green including a turning head within the site has been constructed in accordance with the details to be submitted to and approved in writing by the Local Planning Authority.

              REASON: In the interests of highway safety.

              [Relevant Policies: Core Strategy DPD CS23]

 

06.         No dwelling shall be occupied until a means of vehicular access to it 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 to it for pedestrians and/or cyclists has been constructed in accordance with the approved plans.

              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 visibility splays of 2.0 metres by 2.0 metres have been provided at the junction of the driveway 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]

 

09.         No dwelling shall be occupied until the associated vehicle parking and turning space serving it has been surfaced in accordance with the approved drawings. 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 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]

 

11.         There shall be at least 6.0 metres between the garage door (when shut) and the highway boundary.

              REASON: In order to ensure that adequate off street vehicle parking is provided in accordance with the

              Borough Councils vehicle parking standards.

              [Relevant Policy: BFBLP M9]

 

12.         There shall be no restrictions on the use of the visitor parking spaces shown on the approved plan for visitors to the buildings hereby permitted.

              REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street parking which would be a danger to other road users.

              [Relevant Policy: BFBLP M9]

 

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 including the following:-

              - alterations to Knox Green to form the vehicular access

              - works on the section of the existing drive to Binfield House between Terrace Road North and the footpath link to Stevenson Drive to provide safe pedestrian and cyclist access.

              None of the buildings provided by the carrying out of the development shall be occupied until the off-site highway works have been completed in accordance with the scheme.

              REASON: In the interests of highway safety.

              [Relevant Policy: BFBLP M4]

 

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 for external site lighting for the parking courts serving plots 13-18 and 19-24, including lighting units and levels of illumination. The approved scheme shall be implemented before the first use of each parking court and the lighting retained in accordance therewith.

              REASON: In the interests of the amenity of the neighbouring property and the character of the area.

              [Relevant Plans and Policies: BFBLP EN20, CSDPD CS7]

 

15.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any Order revoking and re-enacting that order, no freestanding external lighting shall be installed on the site except in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.

              Reason: In the interests of nature conservation

              [Relevant Policies: BFBLP EN15, EN2O and EN25]

 

16.         The development hereby permitted shall not be begun until details of a scheme of walls, fences and any other means of enclosure, including a new boundary to the side of plot 22, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme associated with each building shall be implemented in full insofar as it relates to that building before its occupation and the means of enclosure shall thereafter be retained.

              REASON: In the interests of the visual amenities of the area the amenities of properties adjoining the site.

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

 

17.         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 to mitigate for the loss of Tree T5

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

              f) Other landscape features (water features, seating, trellis and pergolas 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 plot to which it relates or the completion of the development as a whole, 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, unless

              the Local Planning Authority gives written consent to any variation.

              REASON: In the interests of good landscape design and the visual amenity of the area.

              [Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]

 

18.         The areas shown for soft landscaping purposes on the approved plans shall thereafter be retained as such and shall not be used for any other purpose.

              REASON: In the interests of good landscape design and the visual amenity of the area.

              [Relevant Policies: BFBLP EN2 and EN20, Core Strategy DPD CS7]

 

19.         All existing trees, hedgerows and groups of shrubs shown to be retained on the approved drawings shall be protected by 2.3m high (minimum) protective barriers, supported by a metal scaffold framework, constructed in accordance with Section 9 (Figure 2) of British Standard 5837:2005, or any subsequent revision. The development shall be carried out in accordance with the approved drawings.

              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]

 

20.         The protective fencing and other protection measures specified by conditon 19 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). No activity of any description must occur at any time within these protected 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.

              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]

 

21.         The area of trees lying to the west of plots 7-9 shall be managed and maintained in accordance with the details within the Tree Management Report by Venners Arboriculture dated June 2015.

              REASON: To ensure this area of retained trees is maintained in the interests of the visual amenities of the area.

              [Relevant Plans and Policies: BFBLP EN1, EN20]

 

22.         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 steps and works to secure the long-term safety and stability of the garden wall, including measures to strengthen it as necessary. No dwelling shall be occupied until the approved scheme has been implemented.

              REASON: To protect and preserve the garden wall in the interests of the visual amenities of the area.

              [Relevant Policies: Core Strategy DPD CS1]

 

23.         The development hereby permitted shall not be begun until a scheme for the protection, during demolition/construction works, of the C19th garden wall has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be performed and complied with.

              REASON: To protect and preserve the garden wall in the interests of the visual amenities of the area.

              [Relevant Policies: Core Strategy DPD CS1]

 

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

              a) Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance, the methods employed to delay and control the surface water discharged from the site and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

              b) Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

              c) Flood water exceedance routes, both on and off site;

              d) A timetable for its implementation, and

              e) A management and maintenance plan for the lifetime of the development 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 throughout its lifetime.

              Once approved, the scheme shall be implemented, retained, managed and maintained in accordance with the approved details.

              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

 

25.         The development hereby permitted shall be implemented in accordance with the submitted Sustainability Statement, water usage (dated 27th April 2017)  and shall be retained in accordance therewith.

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

              [Relevant Policy: Core Strategy DPD CS10]

 

26.         The development hereby permitted shall be carried out in accordance with the Carbon Reduction and Local Energy Generation Options Report V.3 dated October 2015 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]

 

27.         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

              (v) construction and demolition working hours

              (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.

 

28.         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.

 

29.         The development hereby permitted, including works to deal with on-site contamination, shall not be begun until a Construction Traffic Management Plan has been submitted to and approved by the Local Planning Authority. The approved Management Plan shall be performed, observed and complied with for the duration of site preparation and the construction of the development hereby approved.

              REASON: In the interests of road safety and the amenity of nearby residents.

              [Relevant Policies: BFBLP EN25, CSDPD CS23]

 

30.         Notwithstanding the provisions of Class G of Part 17 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no development by statutory undertakers for the generation, transmission or supply of electricity shall be installed or constructed.

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

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

 

31.         Any site clearance shall be carried out in accordance with the 'Ecological Monitoring Report: Matters relating to breeding birds' dated June 2015.

              REASON: In the interests of nature conservation

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

 

32.         The development (including site clearance and demolition) shall be carried out in accordance with the Ecological Monitoring Report: Matters related to Great Crested Newts (Planning condition 33) September 2015.  The approved scheme shall be performed and complied with.

              REASON: In the interests of nature conservation

              [Relevant Plans and Policies: CSDPD CS1]

 

33.         The development (including site clearance and demolition) shall be carried out in accordance with the Ethos Bat Survey and Report dated June 2015.  The approved scheme shall be performed and complied with.

              REASON: In the interests of nature conservation

              [Relevant Plans and Policies: BFBLP EN2]

 

34.         An ecological site inspection report shall be submitted within three months of the first occupation of any dwelling hereby approved.

              REASON: In the interests of nature conservation

              [Relevant Plans and Policies: CSDPD CS1]

 

35.         The following windows shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent):-

              - Plot 1: 1st floor north-facing en-suite

              - Plot 2: 1st floor north and east-facing en-suites

              - Plot 3: 1st floor north-facing landing

              - Plot 5: 1st floor south-facing landing

              - Plot 20: 1st floor east-facing bathroom

              - Plot 21: 1st floor east-facing bathroom.

              They shall at all times be fixed shut with the exception of a top-hung openable fanlight.

              REASON: To prevent the overlooking of neighbouring properties.

              [Relevant Policies: BFBLP EN20]

 

36.         The development shall be carried out in accordance with recommendations contained within the Ground Appraisal Report prepared by Geo-Environmental for the site at Former Binfield Nursery (Ref: GE10203  GARv1JO011214 Version: 2.0 dated December 2014) attached to application 15/00095/COND.          

              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 EN25]

 

37.         The development hereby approved shall be carried out in accordance with the details contained within the  'Remedial Options and Implementation Strategy'  prepared by G&J Geoenvironmetal Consultants Ltd Dated June 2015.

              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 EN25]

 

38.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (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 to the dwellings on plots 1, 5, 6, 12, 13,

              14 and 15.

              REASON: To control development which might have an adverse impact on the C19th garden wall.

 

39.         The dwellings on plots 19-24 (inclusive) shall only be occupied by persons:-

              (a) who are aged 60 years or over requiring facilities which consist of the services of a non-resident warden, and

              (b) provided that they are aged 55 years or more, the spouse or a partner of a person falling within (a) above who is in occupation of the accommodation.

              REASON: To ensure that the special nature of the proposed development is properly controlled and to ensure adequate vehicle parking is provided.

              [Relevant Plans and Policies: BFBLP M9, CSDPD CS16)