Agenda item

PS 17/00388/FUL Land At The Yard, Chavey Down Road, Winkfield Row, Bracknell, Berkshire

Erection of 7no five bedroom dwellings with associated access and parking arrangements following demolition of existing structures.

Minutes:

Erection of 7no five bedroom dwellings with associated access and parking arrangements following demolition of existing structures.

 

The Committee noted:

 

  • The supplementary report of the Head of Planning tabled at the meeting.
  • Winkfield Parish Council had no objection to the proposal.
  • Ten objections to the proposal and one supportive representation, as summarised in the Agenda papers.

 

RESOLVED that following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:-

 

01. Measures to avoid and mitigate the impact of residential development upon the Thames Basin Heaths Special Protection Area (SPA).

 

02. Measures to provide off-site reptile mitigation

 

03. A non-alienation clause to ensure the reptile mitigation land to the south of the site is not sold/disposed of relative to the application site.

 

04. The highways widening works being implemented before any works commence on the site.

 

05. The current planning permission shall not be implemented in part with any other planning permission.

 

That the Head of Planning be authorised to APPROVE the application subject to the following condition(s) 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:

                                                                                                                                 

TP-1142-LP01 Rev D Location Plan

TP-1142-P01 Rev D Proposed Site Plan

TP-1142-P02 Rev D Proposed Site Section A-A

TP-1142-P03 Rev D Proposed Site Section B-B

TP-1142-P04 Rev D Proposed Site Section C-C

TP-1142-P200 Rev D Existing and Proposed Site Sections D-D & E-E

 

TP-1142-P05 Rev D Proposed Landscaping Plan

TP-1142-D01 Rev D Proposed Wooden Fence Detail

IND-TP-1142-P100 Rev D Proposed Cycle Store

TP-1142-P0101 Rev D Plot 1 Proposed Floor Plans

TP-1142-P0102 Rev D Plot 1 Proposed Elevations

TP-1142-P0201 Rev D Plot 2 Proposed Floor Plans

TP-1142-P0202 Rev D Plot 2 Proposed Elevations

TP-1142-P0301 Rev D Plot 3 Proposed Floor Plans

TP-1142-P0302 Rev D Plot 3 Proposed Elevations

TP-1142-P0402 Rev D Plot 4 Proposed Elevations

TP-1142-P0501 Rev D Plot 5 Proposed Floor Plans

TP-1142-P0502 Rev D Plot 5 Proposed Elevations

TP-1142-P0601 Rev D Plot 6 Proposed Floor Plans

TP-1142-P0602 Rev D Plot 6 Proposed Elevations

TP-1142-P0701 Rev D Plot 7 Proposed Floor Plans

TP-1142-P0702 Rev D Plot 7 Proposed Elevations

 

Ecological Assessment by biocensus – June 2017

 

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

 

03. 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.  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]

 

04. No development shall take place until samples of the materials to include bricks and roof tiles and other hard surfaces 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 Saved Policy EN20, Core Strategy DPD Policy CS7]

 

05. 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.  Any site clearance during this period shall be undertaken in compliance with the approved scheme.

REASON: In the interests of nature conservation    

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

 

06. Demolition or construction work shall take place at the site only between 08:00hrs and 18:00hrs Monday - Friday, between 08:00hrs and 13:00hrs on Saturdays, and not at all on Sundays or public holidays. The measures included in the approved scheme shall be implemented prior to the first occupation and use of the building that they relate to and thereafter the measures shall be operated in accordance with the approved scheme.          

REASON: In the interest of amenity.

 

07. 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) 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.

 

08. 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 Policy CS10]

 

09. 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 the sustainability and the efficient use of resources.

[Relevant Plans and Policies: CSDPD Policy CS12]

 

10. Development shall not commence until a drainage strategy detailing on and off site drainage works, has been submitted to and approved in writing by, the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

REASON: The development may lead to sewage flooding; to ensure that sufficient capacity is made available to cope with the new development; and in order to avoid adverse environmental impact upon the community.

 

11. The development hereby permitted shall not be begun until full details of the design, implementation, maintenance and management of the 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.

 

12. 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 (e) above.

REASON: In the interests of amenity and road safety.

 

13. No development (other than the construction of the access) shall take place until the access 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]

 

14. The garage accommodation hereby approved 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. No dwelling shall be occupied until the secure cycle parking stores as approved have been provided in the location identified for cycle parking on the approved plans within the development. The cycle parking spaces and facilities shall thereafter be retained.

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

[Relevant Policies: BFBLP M9, Core Strategy DPD CS23

 

16. No gates shall be provided at any point along the existing vehicular access or as proposed to be extended.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

17. No dwelling shall be occupied until the associated vehicle parking has been surfaced and marked out 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]

 

18. The dwelling(s) hereby permitted shall not 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]

 

19. 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. Any site clearance during this period shall be undertaken in compliance with the approved scheme.

REASON: In the interests of nature conservation

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

 

20. The development (including site clearance and demolition) shall not be begun until:-

(i) all the buildings/structures on the site and any trees to be felled have been further surveyed for the presence of bats, (in accordance with the Biocensus report dated June 2017.) and

(ii) the further survey has been submitted to and approved by the Local Planning Authority, and

(iii) either the Local Planning Authority have agreed that no relocation of bats is necessary or a scheme and timetable for the relocation of an bats has been submitted and approved by the Local Planning Authority. The scheme shall be performed, observed and complied with.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1]

 

21. All ecological measures and/or works shall be carried out in accordance with the details contained in the approved Biocensus' report dated June 2017.

REASON: In the interests of nature conservation                    

[Relevant Plans and Policies: CSDPD CS1]

 

22. The development, nor any part thereof shall be occupied until a habitat management plan has been submitted to and approved by the Local Planning Authority prior to the occupation of the development. The plan shall include:

i)  description and evaluation of the features to be managed

ii) description of target habitats and species

iii) ecological potential and constraints on the site

iv) aims and objectives of management

v)  appropriate management options including location and method statements

vi)  prescriptions for management actions

vii) preparation of a work schedule indicating the timing of works

viii) personnel responsible for implementation of the plan

ix)   monitoring and remedial measures triggered by monitoring

The approved plans shall be observed, performed and complied with.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1]

 

23. The demolition shall not be begun until a scheme for the provision of bird and bat boxes (and other biodiversity enhancements), including a plan or drawing showing the location of these enhancements, has been submitted to and approved in writing by the Local Planning Authority.

The approved scheme shall be performed, observed and complied with.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

24. No development shall take place (including demolition, ground works and site clearance) until a method statement for the sensitive development to avoid the potential of harm to reptiles on site has been submitted to and approved by the Local Planning Authority. The content of the method statement shall include:

-  the purpose and objectives for the proposed works

-  detailed designs and/or working methods to achieve the stated objectives

-  extent and location of the proposed works shown on an appropriate plan

-  a timetable for implementation

-  details of persons responsible for implementing the works

The works shall be carried out strictly in accordance with the approved details.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

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

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

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

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

26. Prior to the commencement of development, an invasive non-native species protocol shall be submitted to and approved in writing by the Local Planning Authority, detailing the containment, control and removal of Japanese Knotweed (Fallopia japonica) Virginia creeper (Parthenocissus quinquefolia) and Cotoneaster (Cotoneaster sp.) on site. The measures shall be carried out strictly in accordance with the approved scheme.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

27. 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]

 

28.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. 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]

 

29. 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 propose 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 and completed prior to the occupation of any part of the approved development. As a minimum, the quality of all hard and soft landscape works shall be carried out in accordance with British Standard 4428:1989 'Code Of practice For General Landscape Operations' or any subsequent revision. All trees and other plants included within the approved details shall be healthy, well formed specimens of a minimum quality that is compatible with British Standard 3936:1992 (Part 1) 'Specifications For Trees & Shrubs' and British Standard 4043 (where applicable) or any subsequent revision. Any trees or other plants which within a period of 5 years from the completion of the development, die, are removed, uprooted, are significantly damaged, become diseased or deformed, shall be replaced during the nearest planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved.

REASON: In the interests of good landscape design, visual amenity of the area and biodiversity. [Relevant Policies: BFBLP EN2 and EN20, CSDPD CS1 and CS7]

 

FURTHER, in the event of the S106 agreement not being completed by 29 December 2017, the Head of Planning be authorised to either extend the period further or refuse the application on the grounds of:

 

01. The absence of a completed legal agreement to secure appropriate off-site Reptile Mitigation will result in an adverse impact on biodiversity through the direct loss of habitat and the fragmentation of the wider green network reducing ecological connectivity and is therefore contrary to paragraph 109 and 118 of the NPPF and Core Strategy Policy CS1.

 

02. The occupants of the development would put extra pressure on the Thames Basin Heaths Special Protection Area and the proposal would not satisfactorily mitigate its impacts in this respect.  In the absence of a planning obligation to secure suitable avoidance and mitigation measures and access management monitoring arrangements, in terms that are satisfactory to the Local Planning Authority, the proposal would be contrary to Policy NRM6 of the South East Plan, Policy EN3 of the Bracknell Forest Borough Local Plan, Policy CS14 of the Core Strategy Development Plan Document, the Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document (2012) and the Planning Obligations Supplementary Planning Document (February 2015).

Supporting documents:

 

Contact Information

Democratic services

Email: committee@bracknell-forest.gov.uk