Agenda item

Erection of 11no. dwellings with associated parking, landscaping and associated access to London Road (revised proposal to planning permission 16/01266/FUL to substitute 11no. dwellings for the approved 7no. dwellings on part of the site).

Erection of 11no. dwellings with associated parking, landscaping and associated access to London Road (revised proposal to planning permission 16/01266/FUL to substitute 11no. dwellings for the approved 7no. dwellings on part of the site).

 

The Committee noted:

 

• The supplementary report of the Head of Planning tabled at the meeting.
• The comments of Winkfield Parish Council.
• A letter of objection from the Chavey Down Association, as summarised in the Agenda papers.

 

Arising from discussion, it was:

·         suggested that proposed condition 09 should be amended to provide for the garage accommodation to be retained for the use of parking of vehicles and cycles at all times; and

·         that the delegation to the Head of Planning to approve the application should be subject also to the satisfactory completion of an appropriate assessment under Article 6(3) of the Habitats Directive.

 

RESOLVED that following:

 

i)          the satisfactory completion of an appropriate assessment under Article 6 (3) of the Habitats Directive; and,

 

ii)         the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to:

1.   SPA mitigation measures, and

2.   Affordable housing;,

 

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:

 

            3293.FUL2.101/J Site Plan

            3293.FUL2.102/E Site layout

            3293.FUL2.103/D Site layout overlay parking and refuse

            TRPI Rev 10 Amended tree removals plan

            Tree Condition Survey Revised May 2018

            3293.FUL2.200/A  Plot 1 Plans and elevations

            3293.FUL2.201/B Plot 2 Plans and elevations

            3293.FUL2.202/C Plot 3 Plans and elevations

            3293.FUL2.203/C Plot 4 Plans and elevations

            3293.FUL2.204/B Plot 5 Plans and elevations

            3293.FUL2.205/C Plot 6 Plans and elevations

            3293.FUL2.206/A Plot 7 Plans and elevations

            3293.FUL2.207/B Plot 8 Plans and elevations

            3293.FUL2.208/C Plot 9 Plans and elevations

            3293.FUL2.209/B Plot 10 Plans and elevations

            3293.FUL2.210/C Plot 11 Plans and elevations

            3293.FUL2.211/A Garages

           

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:, 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.     No superstructure development shall commence 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 approved 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 the approved plans 3293.FUL2.201/B

         REASON: In the interests of highway safety.

         [Relevant Policies: Core Strategy DPD CS23]

 

07.    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 carriageway.  The dimensions shall be measured along the edge of the drive and the edge of the carriageway 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]

 

08.    No dwelling shall be occupied until the associated vehicle parking and turning space 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]

 

09.    The garage accommodation shall be retained for the use of the parking of vehicles and cycles at all times.

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

[Relevant Policy: BFBLP M9]

 

10.    The development shall not 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 nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

11.    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.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

12.      Should any unforeseen contamination be encountered during the development, development shall stop immediately and the local planning authority shall be informed. Development shall not recommence until any further investigation/remedial/protective works, including timescales have been approved in writing by the Local planning Authority.

REASON:  To enable the local Planning authority to ensure that appropriate measures are taken to avoid any threat which the proposed development might pose to health and safety and/or the environment.

[Relevant Plans and Policies: EN25 BFBLP]

 

13.      With the exception of the tree clearance works required for the reptile mitigation, 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]

 

14.      With the exception of the tree clearance works required for the reptile mitigation, 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]

 

15.      With the exception of the tree clearance works required for the reptile mitigation, the development hereby permitted (including initial site-clearance) shall not be begun until a tree protection plan showing the location of protective fencing around the trees shown to be retained on Plan TRP1 rev. 10 has been submitted to and approved in writing by the Local Planning Authority. The fencing shall be in accordance with the details contained within Ruskins Arboricultural Report and Tree Condition Survey (Rev 3. December 2016, revised June 2017). The development shall be undertaken in accordance with the specifications within the approved report.

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]

 

16.      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:

Confirmation of that saturated zones between infiltrating structures are sufficiently spaced.  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 and the depth of the infiltrating strata.

Details of exceedance routing through the development.

 

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.

 

17.       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.

 

18.       No building or use herby permitted shall be occupied until the sustainable urban drainage scheme for this site has been completed in accordance with the submitted details. The sustainable urban drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan. Written confirmation of agreements for the management and maintenance of the drainage scheme shall be submitted and approved by the local planning authority.

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.

 

In the event of the s106 planning obligations not being completed by 1st August 2018 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, 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.

 

(Note: This motion was carried by 9 votes to 2 with one abstention).