Agenda item

Erection of 54 no. dwellings with associated parking, landscaping and open space and vehicular access onto Newell Green.

Erection of 54 no. dwellings with associated parking, landscaping and open space and vehicular access onto Newell Green.

 

The Committee noted:

 

• The supplementary report of the Head of Planning tabled at the meeting.
• The comments of Warfield Parish Council recommending refusal.
• Objections received from 14 properties as summarised in the Agenda papers.

 

The criteria for public speaking had been met in respect of this application and the Committee was addressed by Mrs Davies, objector to the application, and Sara Sweeney representing the applicant.

 

RESOLVED that following the completion of planning obligations secured by a framework Section 106 agreement, under Section 106 of the Town and Country Planning Act 1990, associated with this application and with applications 16/01195/FUL and 16/01274/FUL submitted by the consortium of developers at Newell Green (considered elsewhere on this agenda) relating to:

 

- the provision of on-site affordable housing

- the provision of on-site open space

- Thames Basin Heaths SPA mitigation

- a Travel plan

- access to the development from Sopwith Road

- the provision and long-term maintenance of sustainable drainage (SuDS)

- the delivery of roads, footways and cycleways

- the phasing of the development     

 

and financial contributions towards:

 

- furniture and ICT fit out of Warfield Primary School (Sopwith Road);

- off-site open space improvements

- Warfield community hub (at the planned neighbourhood centre off Newell Green) or other projects

- off-site transport enhancements

- SPA Strategic Access Management & Monitoring (SAMM)

 

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 received by the Local Planning Authority:-

15 - P1243 - LP                 Site Location Plan

15 - P1243 - CPb              Site Context Plan

15 - P1243 - C100d          Proposed Site Plan (Coloured)

15 - P1243 - 100d             Proposed Site Plan

15 - P1243 - 110a             Plots 1 to 11 Floor Plans

15 - P1243 - 111a             Plots 1 to 11 Elevations

15 - P1243 - 112a             Plots 12 & 13 Floor Plans & Elevations

15 - P1243 - 113a             Plots 14/15 & 19/20 Floor Plans & Elevations

15 - P1243 - 114a             Plots 16 through 18 Floor Plans & Elevations

15 - P1243 - 115a             Plots 21 through 24 & 39 through 42 Floor Plans & Elevations

15 - P1243 - 116b             Plots 25 through 28 Floor Plans

15 - P1243 - 117b             Plots 25 through 28 Elevations

15 - P1243 - 118a             Plots 29 Floor Plans & Elevations

15 - P1243 - 119a             Plots 30 Floor Plans & Elevations

15 - P1243 - 120a             Plots 33 Floor Plans & Elevations

15 - P1243 - 121b             Plots 35 & 36 Floor Plans & Elevations

15 - P1243 - 122b             Plots 37 Floor Plans & Elevations

15 - P1243 - 123a             Plots 38 Floor Plans & Elevations

15 - P1243 - 124a             Plots 43 through 46 Floor Plans & Elevations

15 - P1243 - 125a             Plots 47 through 52 Floor Plans & Elevations

15 - P1243 - 126a             Plots 34 Floor Plans & Elevations

15 - P1243 - 127               Proposed Garages Bins & Cycles - Plans & Elevations

15 - P1243 - 128               Plots 31 & 32 Floor Plans & Elevations

15 - P1243 - 130a             Street Scene A-A & B-B

15 - P1243 - 131               Street Scene C-C

REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

 

03. The following windows:-

- plots 21 and 24: first-floor side-facing

- plots 25 and 26: second floor rear-facing

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 shut with the exception of a top hung openable fanlight.

REASON: To prevent the overlooking of neighbouring properties.

[Relevant Policies: BFBLP EN20]

 

04. The following windows:-

- plots 14 to 20 (inclusive) and 27: second floor rear-facing

hereby permitted shall at all times be high-level windows having a cill height of not less than 1.7 metres above internal floor level.

REASON: To prevent the overlooking of neighbouring property.

[Relevant Policies: BFBLP EN20]

 

05. No superstructure 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]

 

06. The development hereby permitted shall not be begun until details showing the finished floor levels of the proposed buildings hereby approved in relation to fixed datum points showing the land levels across the site 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]

 

07. No development (other than the construction of the access) shall take place until the access to Newell Green has beenconstructed 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]

 

08. No dwelling shall be occupied until a means of pedestrian, cycle and 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]

 

09. No dwelling shall be occupied until all the visibility splays shown on the approved drawings have been provided.  These areas shall thereafter be kept free of all obstructions to visibility over a height of 0.6m measured from the surface of the adjacent carriageway.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

10. No dwelling shall be occupied until visibility splays of 2.0 metres by 2.0 metres have been provided at the junction of any driveway serving it 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 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]

 

11. The gradient of private drives shall not exceed 1 in 12.

REASON: To ensure that adequate access to parking spaces and garages is provided.

[Relevant Policies: Core Strategy DPD CS23]

 

12. No gates shall be provided on any vehicular access to the site. 

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

13. No dwelling shall be occupied until the associated vehicle parking has been provided in accordance with the approved drawing. The spaces shall thereafter be kept available for parking at all times.

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

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

 

14. 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]

 

15. The car ports hereby approved shall be retained for the use of the parking of vehicles at all times and, notwithstanding the provisions of the Town and Country (General Permitted Development)(England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no enlargements, improvements or alterations shall be made to the car port, and no gate or door shall be erected to the front of the car port.

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

[Relevant Policy: BFBLP M9]

 

16. No dwelling shall be occupied until the visitor car parking spaces shown on the approved layout drawing have be provided and signed in accordance with details which have been submitted to and approved in writing by the Local Planning Authority.  The spaces with their associated signage shall thereafter be retained available for the use of occupiers of, and 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 car parking which would be a danger to other road users.

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

           

17. No dwelling shall be occupied until secure and covered parking for bicycles serving that dwelling has been provided in accordance with the approved drawings.

REASON: In order to ensure bicycle facilities are provided.

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

 

18. No flat hereby permitted shall be occupied until bin storage serving it has been provided in accordance with the approved details.  The bin storage shall thereafter be retained.

REASON: To ensure the provision of satisfactory waste collection facilities in the interests of amenity.

[Relevant Policies: BWLP WLP6 and WLP9]

 

19. No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority, to accommodate:

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

(b) Loading and unloading of plant and vehicles

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

(d) Wheel cleaning facilities

(e) Temporary portacabins and welfare for site operatives

and each facility shall be retained throughout the course of construction of the development, free from any impediment to its designated use.  No other areas on the site, other than those in the approved scheme shall be used for the purposes listed (a) to (e) above.

REASON: In the interests of amenity and road safety.

 

20. No site clearance shall take place during the main bird-nesting period of 1st March to 31st August inclusive, unless undertaken in accordance with a scheme to minimise the impact on nesting birds during the construction of the development which has been submitted to and approved in writing by the Local Planning Authority.

REASON: In the interests of nature conservation.

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

 

21. The development (including site clearance and demolition) shall not begin until a scheme to mitigate the impact of the development on biodiversity has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of:-

o measures to avoid harm to biodiversity

o features provided to mitigate the loss of habitat (e.g. ponds, hibernacula)

o habitat enhancements (not mitigation)

o on-going management of new features/habitat

The mitigation scheme shall be implemented in accordance with the approved details. 

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1]

 

22. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any Order revoking and re-enacting that order, no external lighting shall be installed on the site except in accordance with details set out in a lighting design strategy for biodiversity that has first been submitted to and approved in writing by the Local Planning Authority. The strategy shall:

a)  identify those area/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory or having access to their breeding sites and resting places.

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

23. 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 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.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

24. No development shall commence until details of boundary treatments (fencing, hedges, walls) have been submitted to and approved by the Local Planning Authority.  No dwelling shall be occupied until its associated boundary treatments have been provided in accordance with the approved details.

REASON: In the interests of the appearance of the site

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

 

25. Prior to the commencement of development, the applicant, their agents or successors in title, will secure the implementation of a programme of archaeological field evaluation in accordance with a written scheme of investigation, which has been submitted by the applicant and approved by the Local Planning Authority. The results of the evaluation will inform the preparation of a mitigation strategy which will be submitted by the applicant and approved by the Local Planning Authority prior to the commencement of the development. The mitigation strategy will be undertaken in accordance with the approved document.

REASON: To understand the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance

Relevant Policies:  in accordance with Paragraph 141 of the NPPF

 

26. No construction work shall take place outside the hours of 08:00 and 18:00 Monday to Friday; 08:00 and 13:00 Saturday and not at all on Sundays and Public Holidays.

Reason: To safeguard the amenities of the area and the occupiers of neighbouring properties

 

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) specifications of control of noise arrangements for construction and demolition.

(ii) methodology of controlling dust, smell and other effluvia

(iii) site security arrangements including hoardings

(iv) proposed method of piling for foundations

(v) construction and demolition methodology

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

(vii) methods of disposal of green and commercial waste

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

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

[Relevant Plans and Policies: EN25 BFBLP]

 

28. 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]

 

29. 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 at least 20%).

The buildings thereafter constructed by the carrying out of the development shall be in accordance with the approved assessment and retained in accordance therewith.

REASON: In the interests of the sustainability and the efficient use of resources. [Relevant Plans and Policies: CSDPD Policy CS12]

 

30. All existing trees, hedgerows and groups of shrubs shown to be retained on the approved drawings shall be protected during the course of building works by 2m high (minimum) welded mesh panels, supported by a metal scaffold framework, constructed in accordance with Section 6.2 of British Standard 5837:2012, 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]

 

31. The protective fencing and other protection measures specified by the previous condition 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.

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]

 

32. The development hereby permitted shall not be begun until details of the design of the sustainable drainage scheme shown on Stuart Michael Associates Drawing No. 5376.420 dated June 2016 issued by Tim Woods in June 2017 have been submitted to and approved in writing by the Local Planning Authority.  Those details shall include:-

 

a)      information about the temporary drainage facilities;

b)      details of pond design; bio-retention design; permeable paving design; eastern ditch crossing design with associated headwalls and freeboard to adjacent properties finished floor levels; and confirmation of measures to be put in place to reduce the risk of blockages or siltation of all structures and controls; and

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

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.

33. The development hereby permitted shall not be begun until the Larks Hill swale, as indicated on Stuart Michael Drawing No. 5376.420 dated June 2016 issued by Tim Woods in June 2017, has been constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

REASON: In order to ensure the provision of adequate drainage works to the serve the development.

 

34. The development hereby permitted shall not be begun until details of a scheme for the disposal of foul water has been submitted to and approved in writing by the Local Planning Authority. All works that form part of the approved scheme shall be carried out before the development or any part thereof is occupied.

REASON: In order to ensure the provision of adequate foul drainage to serve the development.

[Relevant Policy: BWLP WLP6]

 

In the event of the s106 planning obligations not being completed by 31.07.2017 the Head of Planning be authorised to either extend the deadline or REFUSE the application for the following reasons:-

 

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, Policies CS5 and CS14 of the Core Strategy Development Plan Document, Policy SA9 of the Site Allocations Local Plan, the Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document (2012) and the Planning Obligations Supplementary Planning Document (2015).

 

2.  In the absence of a planning obligation to secure affordable housing in terms that are satisfactory to the Local Planning Authority, the proposal is contrary to Policy H8 of the Bracknell Forest Borough Local Plan, Policies CS16 and CS17 of the Core Strategy Development Plan Document, the Planning Obligations SPD and the resolution on affordable housing made by BFC Executive on 29 March 2011.

 

3. The proposed development would unacceptably increase the pressure on highways and transportation infrastructure, public open space, community, and educational facilities. In the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which secure contributions towards integrated transport and highway safety measures, a travel plan, open space, community and educational facilities, the proposal is contrary to Policies R5 and M4of the Bracknell Forest Borough Local Plan, Policies CS6, CS8, and CS24of the Core Strategy Development Plan Document, Policy SA9 of the Site Allocations Local Plan, the Warfield Supplementary Planning Document (2012) and the Planning Obligations Supplementary Planning Document (2015).