Agenda item

Erection of 89 dwellings with associated car and cycle parking, landscaping, access (vehicular access from Sandy Lane via Hurley Drive) and associated works following demolition of existing buildings.

Erection of 89 dwellings with associated car and cycle parking, landscaping, access (vehicular access from Sandy Lane via Hurley Drive) and associated works following demolition of existing buildings.

 

The Committee noted:

 

• The supplementary report of the Head of Planning tabled at the meeting.
• The comments of Bracknell Town Council.
• Nine objections received as summarised in the Agenda papers.

 

RESOLVED that following the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to (but not limited to the below, the  Head of Planning in consultation with the Chairman of the Planning Committee be authorised  to add or amend this list obligations):

 

·         SPA mitigation measures

·         Affordable housing

·         Securing the adoption of the required parts of the carriageways/footways/cycleways

·         To secure off site highway works to include improving visibility at the junction between Sandy Lane and Warfield Street and extending the width of the footpath along Millennium Way to link up the cycleway.

 

That the Head of Planning be authorised to APPROVE the application subject to the following conditions, amended, added to or deleted as he 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 and documents received by the Local Planning Authority:

             

         Amended Network 1 Pond Levels (dated 07.03.2018)

         P101 rev. W Proposed site layout (dated 19.03.2018)

         P110 Plots 1 & 6 Proposed Plans and Elevations (date 10.01.2018)

         P111 rev. B Plots 2, 3, 7,8. Proposed Plans and Elevations (dated 01.03.2018)

         P112 rev. A Plots 4-5 Proposed Plans and Elevations (dated 10.01.2018)

         P113 rev. A Plots 9-10 Proposed Plans and Elevations (dated 10.01.2018)

         P114 rev. A Plots 11-12 Proposed Plans and Elevations (dated 10.01.2018)

         P122 rev. D Plots 43-44 & 47-48 Proposed Plans and Elevations (dated 01.03.2018)

         P115 rev. B Plots 13-15 Proposed Plans and Elevations (dated 31.01.2018)

         P116 rev. E Plots 16-19 Proposed Plans and Elevations (dated 31.0102018)

         P117 rev. E Plots 20-28 (Apartments) Proposed Floor Plans (dated 31.01.2018)

         P118 rev. F Plots 20-28 (Apartments) Proposed Elevations (dated 31.0102018)

         P119 rev. D Plots 29-39 (Apartments) Proposed Floor Plans (dated 31.01.2018)

         P120 rev. E Plots 29-39 (Apartments) Proposed Elevations (dated 31.01.2018)

         P121 rev. E Plots 40-42 Proposed Plans and Elevations (dated 31.01.2018)

         P123 rev. C Plots 45-46 Proposed Plans and Elevations (dated 31.01.2018)

         P124 rev. D Plots 49&58 Proposed Plans and Elevations (dated 31.01.2018)

         P125 rev. D Plots 67-89 (Apartments) Proposed Floor Plans (dated 31.01.2018)

         P126 rev. E Plots 67-89 (Apartments) Proposed Elevations (dated 31.01.2018)

         P128 rev. A Plots 50-57 & 59-66 Proposed Plans and Elevations (dated 31.01.2018)

         31.01.18 FRA and Surface Water Drainage Strategy (Jan '18)

         Proposed Drainage Strategy Sheet 1 - Appendix J-1 P3 (dated 31.01.2018)

         Proposed Drainage Strategy Sheet 2 - Appendix J2- P3 (dated 31.01.2018)

         Ethos Environmental Planning Ecological Assessment September 2017.

         Illustrative Landscape Masterplan (CALA21384 10F); ACD Environmental

        

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

 

03.     No superstructure 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: SEP CC6, BFBLP EN20, Core Strategy DPD CS7]

 

04.     No superstructure development shall commence until details of the materials and height of walls, fences and any other means of enclosure have been submitted to and approved in writing by the Local Planning Authority.  All boundary treatments should provide for the free movement of wildlife to and from the site. The approved scheme shall be implemented in full before the occupation of any of the buildings approved in this permission.

          REASON: - In the interests of the visual amenities of the area and to safeguard existing retained trees, hedges and shrubs.

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

 

05.     The development shall not be begun until details showing the finished floor levels of the buildings hereby approved in relation to the external land levels including fixed datum point(s) have been submitted to and approve in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

          REASON: In the interest of the character of the area.

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

 

06.     No dwelling shall be occupied until a means of vehicular access has been constructed in accordance with details which have been submitted to and approved in writing by the Local Planning Authority.

          REASON: In the interests of highway safety.

          [Relevant Polices Core Strategy DPD CS23]

 

07.     No dwelling shall be occupied until a means of access for pedestrians and cyclists has been constructed in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The access shall thereafter be retained.

          REASON: In the interests of accessibility and to facilitate access by cyclists and pedestrians.

          [Relevant policies: BFBLP M6, Core Strategy DPD CS23]

 

08.     The gradient of private driveways 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]

 

09.     No dwelling shall be occupied until the associated vehicle parking or vehicle parking and turning space has been surfaced and marked out in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The spaces shall not thereafter be used for any purpose other than parking and turning.

          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.     No development shall take place until a scheme has been submitted to and approved in writing to accommodate:

          (a) Parking of vehicles of site personal, operative 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

          (f) Temporary Portacabins and welfare for site operatives

          (g) Construction management plan to include lorry routing and delivery times.

          Each facility will be retained throughout the course of construction of the development, free from any impediment to its designated use.

          REASON: In the interests of amenity and road safety

 

11.     No development shall take place 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]

 

12.     The dwelling(s) 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 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]

 

13.    No unit hereby permitted shall be occupied until a scheme for signage of the parking paces is submitted to and approved in writing by the Local Planning Authority. The parking shall be implemented in accordance with the details shown on plan P101 rev W and 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]

 

14.    No development shall commence until details of the footpath/ cycle way link with Millennium way have been submitted to and approved in writing by the local planning authority. The details shall include:

            - Details of gradient

            - Any retaining structures

            - Materials

         No more than 50% of the dwellings hereby approved shall be occupied until the footpath/ cycle way link has been provided in accordance with the approved details.

         REASON: In the interest of connectivity and sustainability to encourage other modes of transport than the private car.

         [Relevant Policies: BFBLP M9, Core Strategy DPD CS1, CS23]

 

15.    No dwelling shall be occupied until a scheme has been submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities. The buildings shall not be occupied until the cycle parking relating to that dwelling has been provided in accordance with the approved details.  The facilities shall 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 the vehicular access to the site. 

          REASON: In the interests of highway safety.

          [Relevant Policies: BSP T1, Core Strategy DPD CS23]

 

17.     Notwithstanding the requirements of the GPDO, no window shall be inserted into the eastern elevation of plot 6 without the prior written consent of the Local Planning Authority.

          REASON: To prevent the overlooking of neighbouring properties.

          [Relevant Policies: BFBLP EN20]

 

18.     The windows in the eastern elevation of plot 6 shall be obscurely glazed with a minimum of Pilkington Level 3 obscure glass (or equivalent). They shall at all times be fixed with the exception of a top hung openable fanlight.

          REASON: To prevent the overlooking of neighbouring properties.

          [Relevant Policies: BFBLP EN20]

 

19.     The development hereby permitted shall be implemented in accordance with the    submitted Sustainability Statement, 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, CS12]

 

20.     The development (including site clearance and demolition) shall not be begun until a wildlife protection plan for construction has been submitted to and approved in writing by the local planning authority. The plan shall include:

          i) an appropriate scale plan showing where construction activities are restricted and protective measures

          ii) details of protective measures to avoid impacts during construction

          iii) a timetable to show phasing of construction activities

          iv) persons responsible for compliance with legal consents, planning conditions, installation of protective measures, inspection and maintenance.

          The development shall be implemented in accordance with the approved plan.

          REASON: In the interests of bio-diversity

          [Relevant Plans and Policies: CSDPD CS1, CS7]

 

21.     A landscape and ecological management plan (LEMP) shall be submitted to, and approved in writing by, the local planning authority prior to the occupation of the development. The content of the LAMP shall include the following:

          a) Description and evaluation of features to be managed

          b) Ecological trends and constraints on site that might influence management

          c) Aims and objectives of management

          d) Appropriate management options for achieving aims and objectives

          e) Prescriptions for management actions

          f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period)

          g) Details of the body or organization responsible for implementation of the plan

          h) On-going monitoring and remedial measures

         

          The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management bodies responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

          The approved plan will be implemented in accordance with the approved details.

          REASON: In the interests of bio-diversity

          [Relevant Plans and Policies: CSDPD CS1, CS7]

 

22.     No demolition shall be undertaken until a scheme for the provision of biodiversity enhancements (not mitigation), 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 bio-diversity

          [Relevant Plans and Policies: CSDPD CS1, CS7]

 

23.     No site clearance shall take place during the main bird-nesting period of 1st March to 31st August inclusive, unless 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. The development shall then be carried out in accordance with the approved scheme.

REASON: In the interests of bio-diversity

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

24.     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 or affixed to any buildings on the site except in accordance with details set out in a lighting design strategy for biodiversity that has first been submitted to and approved in writing by the Local Planning Authority. The strategy shall:

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

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

         

          All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

          REASON: In the interests of bio-diversity

          [Relevant Plans and Policies: CSDPD CS1, CS7]

 

25.     No dwelling hereby approved shall be occupied 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 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 bio-diversity and visual amenity of the site

          [Relevant Plans and Policies: CSDPD CS1, CS7]

 

26.     No development, including site clearance, shall commence until:

 

          (i) details of all proposed alterations to the ground levels within the site within 5 metres of the minimum ‘Root Protection Areas’ calculated in accordance with BS 5837 (2012) recommendations (or any subsequent revision), for all existing retained trees within the site and on neighbouring land adjacent to the approved development.  The details to include:

·         Existing and proposed finished levels.

·         Any proposed soil level re-grading in relation to existing retained trees, hedges and other vegetation.

·         Proposed retaining structures required to address level differences adjacent to retained trees and hedges and other vegetation, and

(ii) a programme and method of implementation have been submitted to and approved in writing by the Local Planning Authority.

The development shall be carried out in accordance with the approved site layout plan and the approved programme.

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

          [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]

 

27.     Prior to the commencement of development, the applicant, or their agents, or successors in title, will secure and implement a programme of archaeological works in accordance with a written scheme of investigation, which has been submitted by the applicant and approved by the local planning authority. The programme will commence with exploratory archaeological evaluation, the results of which shall inform archaeological mitigation measures that may be required and those measures will be agreed with the local planning authority prior to the commencement of development. The mitigation measures will be implemented in accordance with those agreed with the local planning authority.

          REASON: In the interests of identifying and recording any archeological remains.

          [Relevant Policies: BFBLP EN7 and NPPF]

 

28.   The development hereby permitted shall not commence until a scheme for protecting the proposed block of flats (units 67-89) and any proposed external amenity areas (gardens and balconies) from road traffic noise has been submitted to and approved by the local planning authority. Any works which form part of the approved scheme shall be completed before the block of flats is occupied. The applicant shall aim to achieve the 'good' internal and external noise level standards as set out in BS8233 2014

         REASON: To ensure that the amenities of future residents is not adversely affected by noise

         [Relevant Policies BFBLP EN25]

 

29.     No development shall take place until a surface water drainage scheme (SWDS) for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy shall demonstrate that surface water run-off generated up to and including the 1 in 100 years critical storm, with a suitable allowance for climate change and allowances for urban creep included, will not exceed the run-off from the equivalent greenfield area and that flood risk will not be increased elsewhere from the in accordance with the principles of the RSK Drainage Strategy dated January  2018  and  Flood Risk Assessment dated January 2018  incorporating online detention basins ponds, permeable paving and Rain Gardens.  The strategy should include details of exceedance routing throughout the development taking into consideration potential off-site flows.  The SWDS shall subsequently be implemented in accordance with the approved details before the development is completed.

          REASON: To ensure that the site is properly drained and does not increase the risk of flooding In accordance with policy CS1 of the Core Strategy.

 

30.     No development shall take place until full details of the Drainage System(s) have been submitted to and approved in writing by the Local Planning Authority. These shall include:

·                  Results of intrusive ground investigations demonstrating the depth of the seasonally high groundwater table.

·                  Full details of all components of the proposed drainage system including dimensions, locations, gradients, invert and cover levels, headwall details, planting (if necessary) and drawings as appropriate taking into account the groundwater table

·                  Confirmation of the gully spacing calculations to demonstrate they are capable of conveying the rainfall volumes as set out in the Approved Drainage strategy.

          REASON: To ensure that the site is properly drained and does not increase the risk of flooding In accordance with policy CS1 of the Core Strategy.

 

31.     No development shall commence until details of how the surface water drainage shall be maintained and managed after completion have been submitted to and approved in writing by the Local Planning Authority.  The details shall include confirmation of the required maintenance activities with expected frequency, with site specific assessments included to demonstrate that health and safety has been fully considered in the design and that access and egress for future residents will be maintained during any operations to repair or replace drainage features.

          REASON: To ensure that the site is properly drained and does not increase the risk of flooding In accordance with policy CS1 of the Core Strategy.

 

32.     Development shall not commence until a drainage strategy detailing any on- and off-site drainage works, along with proposed points of connection, has been submitted to and approved 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: To ensure that the site is properly drained and does not increase the risk of flooding In accordance with policy CS1 of the Core Strategy.

 

33.     Before the development hereby permitted commences the applicant shall carry out a contamination risk assessment of the application site commencing with a preliminary risk assessment (consisting of a desk top and walk over survey) followed by intrusive investigation and sampling if found to be necessary. The applicant shall then submit to the local planning authority for written approval the findings of the contamination risk assessment with a remediation scheme should remediation be required The remediation scheme shall follow the guidelines set out in BS10175 ‘Code of practice for the Investigation of Potentially Contaminated Sites’ and CLR11 Model procedures for the management of land contamination.

          REASON: To ensure that the application site is suitable for the intended use

          [Relevant Policies  BFBLP EN25]

 

34.     Before buildings on the application site are occupied the remediation works to make the land suitable for its intended use, as set out in the approved remediation scheme submitted to comply with condition 34  above shall be completed and a validation report shall be submitted to and approved in writing by the local planning authority

          REASON: To ensure that the application site is suitable for the intended use

          [Relevant Policies  BFBLP EN25]

 

In the event of the S106 planning obligations not being completed by 22.09.2018, the Head of Planning be authorised to extend this period or REFUSE the application on the grounds of:-

 

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, Policy CS14 of the Core Strategy Development Plan Document and the Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document (2012).

 

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.       In the absence the measures to secure the adoption of the carriageway through the site, and the footpath to the south of the site the application does not promote other means of transport than the private car, contrary to Policies CS1, and CS23 of the CSDPD supported by the NPPF