Agenda item

Replacement petrol filling station (including new pumps, forecourt canopy and underground storage tanks) and kiosk, surface level car park, access, servicing and associated works following demolition of existing petrol filling station and car workshop.

Replacement petrol filling station (including new pumps, forecourt canopy and underground storage tanks) and kiosk, surface level car park, access, servicing and associated works following demolition of existing petrol filling station and car workshop.

 

A site visit had been held on Saturday 14 July 2018, which had been attended by Councillors Angell, Brossard, Dudley, Finnie, Mrs Ingham, Mrs McKenzie, Mrs McKenzie-Boyle and Thompson.

 

The criteria for public speaking had been met in respect of this application and the

Committee was addressed by the registered speaker Mr Niall Thomson objecting to

the application.

 

The Committee noted:

 

·         The supplementary report of the Head of Planning tabled at the meeting.

·         The comments of Crowthorne Parish Council recommending approval of the application subject to conditions included within the report.

·         The 154 letters of representation received in response to the planning application. 52 of those were objecting to the application, 94 were in support of the development and 8 were neutral.

 

RESOLVED that the application be APPROVED subject to the following conditions:-

 

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 submitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 16 January 2018, 11 April 2018 and 15 May 2018:

SP293-P01(E), SP293-P02(A), SP293-P03(E), SP293-P04(E), SP293-P05(E), 2017/123/E, 2017/124(E), 2018/38, 2017/123/E

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

 

03. No construction works shall take place until brick and tile samples to be used in the construction of the external surfaces of the dwelling 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. The development shall be carried out in accordance with the finished floor levels set out on drawing SP293-P03(E) received by the Local Planning Authority on 15 May 2018.

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

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

 

05. The developmentshall not be brought into operation until the noise mitigation measures recommended in the submitted noise assessment (Sharps Gayler Acoustic Consultants Former Lightfoots Garage, Crowthorne - Noise Assessment for redevelopment of a petrol filling station dated 8 December 2017) have been installed. The measures shall be maintained for the duration of the development hereby permitted.

REASON: In the interests of residential amenity.

[Relevant Policy BFBLP EN20]

 

06. Deliveries of goods to the kiosk (except for newspapers and magazines) and deliveries of fuel to the petrol filling station shall not take place between the hours of 2300 and 0600.

REASON: In the interests of residential amenity.

[Relevant Policy BFBLP EN20]

 

07. The development hereby permitted shall only be operational from 06:00 hours to 00:00 hours on any day. 

REASON: In the interests of the amenities of the occupiers of nearby residential premises.

[Relevant Policy: BFBLP EN20]

 

08. No fixed plant or machinery shall come into operation until details of the fixed plant and machinery serving the development hereby permitted, and any mitigation measures to achieve this condition, are submitted to and approved in writing by the Local Planning Authority.  The rating level of noise emitted from all fixed plant an machinery shall not exceed 35dB nor at any time exceed the background noise level by more than 5dB when measured or calculated at 1 metre from the façade of the nearest noise sensitive property.  The measurement and assessment shall be made according to BS4142:2104.

REASON: In the interests of the amenities of the occupiers of nearby residential premises.

[Relevant Policy: BFBLP EN20, EN25]

 

09. 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)         control of noise

(ii)        control of dust, smell and other effluvia

(iii)       control of surface water run off

(iv)       site security arrangements including hoardings

(v)        proposed method of piling for foundations

(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.

REASON: In the interests of the amenities of the occupiers of nearby residential premises.

[Relevant Policy: BFBLP EN20, EN25]

 

10. No external lighting shall be installed until a scheme has been submitted to and approved in writing by the Local Planning Authority for external site lighting including details of the lighting units, levels of illumination and hours of use. No lighting shall be provided at the site other than in accordance with the approved scheme.  The development shall be carried out in accordance with the approved scheme.

REASON: In the interests of the amenity of neighbouring property and the character of the area.

[Relevant Policies: BFBLP EN20 and EN25]

 

11. The developmentshall not be brought into operation until the vehicular accesses have been constructed in accordance with the approved plans

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

12. The developmentshall not be brought into operation 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]

 

13. The developmentshall not be brought into operation until secure 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]

 

14. The development hereby permitted shall not be brought into operation until a scheme has been submitted to and approved in writing by the Local Planning Authority for off site highway works including the provision of a pedestrian footway at the front of the site. The developmentshall not be brought into operation until the off site highway works have been completed in accordance with the scheme.

REASON: In the interests of highway safety.

[Relevant Policy: BFBLP M4]

 

15. 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 without the prior written permission of the Local Planning Authority.

REASON: In the interests of amenity and road safety.

[Relevant Policy: BFBLP EN20, CSDPD CS23]

 

16. The developmentshall not be brought into operation 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 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 adjacent carriageway.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

17. No development (including initial site-clearance) shall commence until a detailed scheme for the protection of existing trees, hedgerows and groups of mature shrubs to be retained, in accordance with British Standard 5837 (2012) 'Trees In Relation To Construction Recommendations' (or any subsequent revision), has been submitted to and approved in writing by the Local Planning Authority.  Protection measures shall be phased as necessary to take into account and provide protection during demolition/site clearance works - all construction works - hard landscaping works.  Details shall include an approved development layout plan at a minimum scale of 1:200, showing the following:

                                                                                                                                                    

a) Accurate trunk positions and canopy spreads of all existing trees within the site and on adjoining land adjacent to the development.

b) Positions and spreads of existing hedgerows and groups of mature shrubs.

c) All proposed tree, hedge or shrub removal and retention.  

d) Proposed locations of 2m (minimum) welded mesh panels, supported by a metal scaffold framework, constructed as a minimum in accordance with Section 6.2 of BS 5837 (2012), to include appropriate weatherproof tree protection area signage (such as "Keep Out - Construction Exclusion Zone") securely fixed to the outside of the protective fencing structure at regular intervals.

e) Illustration/s of the proposed protective barriers to be erected.

f) Proposed location/s and illustration/s of site specific ground protection measures within the main root protection areas of retained trees, designed as necessary for pedestrian light traffic or heavy plant machinery, as necessary to prevent contamination and ground compaction.

g) Annotated minimum distances between protective barriers and trunks of retained trees at regular intervals.

h) All fenced off areas clearly annotated as Tree Protection Areas/Construction Exclusion Zones.

i) Notes regarding restrictions which apply to Tree Protection Areas/Construction Exclusion Zones.

 

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

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: CSDPD CS7, BFBLP EN1, EN20]

 

18. The protective fencing and other protection measures specified by condition 17 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.

 

In addition to the protection measures specified above, 

g) No fires shall be lit within 20 metres of the trunks of any trees or the centre line of any hedgerow shown to be retained.

h) No signs, cables, fixtures or fittings of any other description shall be attached to any part of any retained tree.

 

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]

 

19.No development (including initial site clearance) shall commence until a programme of supervision/monitoring for all arboricultural protection measures, has been submitted to and approved in writing by the Local Planning Authority.  Details shall include: -

a) Induction and personnel awareness of arboricultural matters.

b) Identification of individual responsibilities and key personnel.

c) Statement of delegated powers.

d) Timing and methods of site visiting and record keeping.

e) Procedures for dealing with variations and incidents.

 

The programme of arboricultural supervision/monitoring shall be undertaken in full compliance with the approved details. No variation of the approved monitoring program shall take place.

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]

 

20. All planting comprised in the approved soft landscaping scheme for the development (or any subsequent revision approved by the Council in writing), shall be carried out and completed in full accordance with the approved details, in the nearest planting season (1^st October to 31st March inclusive) to the completion of the development or prior to the use 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 (1^st October to 31st March inclusive) with others of the same size, species and quality as approved, unless the Local Planning Authority gives written consent to any variation. All landscaping shall also be maintained in full accordance with the approved maintenance schedule.

REASON: - In the interests of good landscape design and the visual amenity of the area.

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

 

21. Within a period of 5 years from the completion of the development: -

a) No retained tree, hedgerow or groups of shrubs (as specified as being retained on the approved details as part of this permission) shall be cut down, uprooted or destroyed without the prior written consent of the Local Planning Authority.

b) Any trees, hedgerows or groups of shrubs shown to be retained on the approved plans submitted in accordance with other conditions of this consent, which die are removed or irreparably damaged during the course of the development within a period of 5 years of the completion of the development, another tree, hedgerow or group of shrubs of the same species and size as that originally planted shall be planted at the same time.

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]

 

22. The areas shown for soft landscaping purposes on the approved plans shall thereafter be retained as such and shall not be used for any other purpose without the prior written permission of the Local Planning Authority. If within a 5 year period of the completion of the development any soft landscaped area which is removed, uprooted, or is destroyed or dies shall be replaced by plants of the same species and size as that originally planted at the same place.

REASON: In the interests of the visual amenities of the area.

[Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]

 

23. The development shall not be brought into operation until details of a low knee rail around retained soft landscape areas has been submitted to and approved in writing by the Local Planning Authority. Details shall include the proposed design of the structure, approved layout plan showing the proposed location/s this is to be installed and timing and method of implementation.

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

REASON: - In the interests of the visual amenity of the area.

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

 

24. No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

1. The results of the site investigation and the detailed risk assessment should be used for an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

2. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (1) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

The scheme shall be implemented as approved.

REASON: To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution in line with paragraph 109 of the NPPF.

 

25. The developmentshall not be brought into operation until a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

REASON: To ensure that the site does not pose any further risk to human health or the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete in line with paragraph 109 of the NPPF.

 

26. No infiltration of surface water drainage into the ground is permitted other than with the written consent of the Local Planning Authority. The development shall be carried out in accordance with the approved details.

REASON: To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants in line with paragraph 109 of the National Planning Policy Framework