Agenda item

Demolition of existing buildings and erection of 43 dwellings with associated accesses (to land to west and to Watersplash Lane), parking and landscaping.

Demolition of existing buildings and erection of 43 dwellings with associated accesses (to land to west and to Watersplash Lane), parking and landscaping.

 

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 33 properties and one representation supporting the proposal, 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 Louise Asher, objector to the application, and Douglas Bond 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 16/01253/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-P1219 -C101 Rev K - Site Plan

15-P1219-C101 Rev I - Coloured Site Plan

15-P1219-110 - Plots 1 (Handed) & 5 - Plans and Elevations

15-P1219-111 - Plots 2 & 4 - Plans and Elevations

15-P1219-112 - Plot 3 - Plans and Elevations Plan

15-P1219-113 - Plots 6 through 11- Proposed Plans

15-P1219-114 - Plots 6 through 11- Proposed Elevations

15-P1219-115 - Plots 12 and 13 - Plans & Elevations

15-P1219-116 Rev A - Plots 14, 15, 16 & 17 - Plans and Elevations

15-P1219-117 - Plots 18 & 19 - Plans & Elevations

15-P1219-118 - Plots 20, 21 & 22- Plans & Elevations

15-P1219-119 Rev A - Plots 23 through 31- Proposed Plans

15-P1219-120 Rev A - Plots 23 through 31- Proposed Elevations

15-P1219-121 Rev B - Plots 32, 33 & 34- Plans & Elevations

15-P1219-122 Rev B - Plots 35 through 43 - Proposed Floor Plans

15-P1219-123 Rev B - Plots 35 through 43 - Proposed Elevations

15-P1219-124 Rev E Garages, Carports, Bins, Cycles - Plans and Elevations Plan

13059-AIA-D - Arboricultural Impact Assessment

TMC-13059-S Rev F - Tree Survey & Constraints - AIA2

TMC-13059-L Rev D - Tree Protection Plan - AIA3

MILG20938-11LSheet 1 of 3 - Soft Landscaping Plan - Sheet 1 Plan

MILG20938-11L Sheet 2of3 - Soft Landscaping Plan - Sheet 2 Plan

MILG20938-11L Sheet 3 of 3 - Soft Landscaping Plan - Sheet 3 Plan

MILL20938Man Rev A - May 2017 - Soft Landscaping Management and Maintenance Plan

WLW-903 Rev N - Hard Landscaping, Boundaries, and External Lighting Plan

Scheme Layout Sheet 1 - 5603.602 Rev D - Watersplash Lane works

Scheme Layout Sheet 2 - 5603.603 Rev D - Watersplash Lane works

Flood Risk Assessment (December 2016) Issue 2

Drainage Strategy (December 2016) Issue 2

5603.402 Rev B - Overland surface water flooding

5603.403 - Overland surface water flooding post development

5294. Rev C - SMA Technical Note

5984207 - Greenfield runoff estimation for sites

5984206 - Greenfield runoff estimation for sites

PCP1 1yr.SRCX

PCP1 30YR.SRCX

PCP1 100yr.SRCX

PCP1 100YR CC.SRCX

5063.401 Rev C - Proposed drainage strategy

Sustainability & Energy Statement (December 2016)          

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

 

03. The following windows:-

- plot 1: first floor east 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. 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]

 

05. 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]

 

06. The development hereby permitted shall not be begun until a vehicular link has been constructed to base course level connecting the north-south link road (Sopwith Road) to the western boundary of the application site in the location shown on the Proposed Site Layout (drawing 161832E/A/P010/U) submitted with planning application 16/01195/FUL.

REASON: To ensure access to the site during the construction phase and thereafter in the interests of amenity and highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

07. The dwellings hereby approved on plots 1-5 shall not be occupied until the off site works on Watersplash Lane have been completed in accordance with the approved scheme (plan ref. Scheme Layout Sheet 1 - 5603.602 Rev D & Scheme Layout Sheet 2 - 5603.603 Rev D).

REASON: In the interests of highway safety and the character and appearance of Watersplash Lane.

[Relevant Policy: BFBLP EN20, M4 CSDPD CS7, CS23]

 

08. The dwellings hereby approved on plots 1-5 shall not be begun until a plan showing visibility splays has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.  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 adjacent carriageway.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

09. 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]

 

10. 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]

 

11. 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]

 

12. The garage accommodation shall be retained for the use of the parking of vehicles at all times, unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure that the Local Planning Authority’s vehicle parking standards are met.

[Relevant Policy: BFBLP M9]

 

13. 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]

 

14. No development shall take place until details of the signing for visitor car parking spaces

have been submitted to and approved in writing by the Local Planning Authority.  The visitor car parking spaces shall be provided and signed in accordance with the approved details and the spaces and signage shall thereafter be retained.

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] 

15. 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]

 

16. 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]

 

17. The development hereby permitted shall not be begun until a scheme has been submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities.   The building shall not be occupied until the approved scheme has been implemented. The facilities save as otherwise agreed in writing by the Local Planning Authority shall be retained.

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

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

           

18. No dwelling shall be occupied until secure and covered parking for bicycles 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]

 

19. 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]

 

20. 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.

 

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

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

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

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

 

22. 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.

REASON: In the interests of nature conservation.

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

 

23. 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]

 

24. The development (including site clearance and demolition) shall not begin until a scheme to mitigate the impact of the development on bats has been submitted to and approved in writing by the local planning authority. The scheme shall include details of:

•           details of methods to avoid killing, injury or disturbance to bats during development

•           details of the provision of temporary roosts during construction

•           details of the provision of replacement roosts

•           details of habitat management and enhancement, e.g. suitable lighting and planting

•           details of appropriate post construction monitoring

The mitigation scheme shall be implemented in accordance with the approved details, unless otherwise approved in writing by the local planning authority. An ecological site inspection report shall be submitted for approval 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]

 

25. 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]

 

26. All planting comprised in the approved soft landscaping works shall be carried out and completed in full accordance with the approved landscaping plan (plan ref. MILG20938-11L Sheet 1 of 3 - Soft Landscaping Plan - Sheet 1 Plan, MILG20938-11L Sheet 2 of 3 - Soft Landscaping Plan - Sheet 2 Plan & MILG20938-11L Sheet 3 of 3 - Soft Landscaping Plan - Sheet 3 Plan), 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 shown on approved drawing WLW-903 Rev N 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 nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

27. No dwelling shall be occupied until its associated boundary treatments have been provided in accordance with the approved details (plan ref. WLW-903 Rev N, MILG20938-11L Sheet 1 of 3 - Soft Landscaping Plan - Sheet 1 Plan, MILG20938-11L Sheet 2of3 - Soft Landscaping Plan - Sheet 2 Plan & MILG20938-11L Sheet 3 of 3 - Soft Landscaping Plan - Sheet 3 Plan).

REASON: In the interests of the appearance of the site

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

 

28. 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

 

29. 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

 

30. 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

(viii) routing of construction lorries

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]

 

31. The development hereby permitted shall be implemented in accordance with the submitted Sustainability & Energy Statement (December 2016).

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

[Relevant Plans and Policies: CSDPD Policy CS12]

 

32. Development shall not commence until full detailed design of the proposed surface water system have been submitted to and approved in writing by the Local Planning Authority.  Drainage design shall accord with the strategy set out in Drawing No. 5063.401 Rev C.  Details shall include:

i.          Design of permeable paving including confirmation of construction specification, depths to invert levels, filtration measures, cover levels and maximum storage volumes in accordance with the approved drainage strategy.

ii.          Results of the 1 in 1, 1 in 2, 1 in 30 and 1 in 100 year and 1 in 100 year +40% storm for the detailed scheme and confirmation that runoff rates accord with the SMA Revised Technical Report dated 23/06/17

iii.         Confirmation of exceedance routes through the development and detailed levels design to ensure flood volumes are contained within the site without impacting on properties.

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

 

33. Prior to commencement of development the detailed design of the complete swale and works to Watersplash Lane shall be submitted to and approved in writing by the Local Planning Authority.  The design shall include cross-sections with finished floor levels of adjacent properties relative to 1 in 100 year level + climate change level, proposed structures, check dams, and water meadow features.  The supporting hydraulic model shall be submitted including baseline results, demonstrating that flood risk is not increased off-site as a result of the scheme.

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

 

34. The development shall not be begun until the detailed design of the complete swale in the north-south greenway (including lengths of it covered by planning application 16/01195/FUL) has been submitted to and approved in writing by the Local Planning Authority. The design shall include cross-sections with finished floor levels of adjacent properties relative to 1 in 100 year level + climate change level, proposed structures, check dams, and water meadow features. The supporting hydraulic model shall be submitted including baseline results, demonstrating that flood risk is not increased off-site as a result of the scheme.

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

 

35. 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 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^st July 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).