Planning Committee – ADVISORY MEETING 14 October 2021 6.30 - 7.30 pm
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Present:
Councillors Dudley (Chairman), Brossard (Vice-Chairman), Angell, Dr Barnard, Bhandari, D Birch, Brown, Green, Mrs Hayes MBE, Heydon, Mrs Mattick, Mrs McKenzie, Mrs McKenzie-Boyle, Parker and Skinner
Apologies for absence were received from:
Councillors Gbadebo, Mossom and Virgo
68. Minutes
The minutes of the meeting held on 29 September 2021 were approved as a correct record.
69. Declarations of Interest
There were no declarations of interest.
70. Urgent Items of Business
There were no urgent items of business.
71. 20/00571/FUL Land R/O 89 Locks Ride, Ascot
This item was deferred from the agenda.
72. 21/00217/FUL Land At Formerly The Mango Tree, 63 Church Street, Crowthorne
Construction of a replacement building to provide 8 No. residential flats with ancillary car parking and landscaping.
The Committee noted:
· The supplementary report tabled at the meeting.
· The comments of Crowthorne Parish Council recommending approval to the proposal as detailed in the agenda.
· The 12 letters of objection received as summarised in the agenda.
· The 1 letter which neither supported nor objected to the proposal, as detailed in the agenda.
Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:
- Measures to avoid and mitigate the impact of residential development upon the Thames Basins Heath SPA.
- Requirement to enter into S278 for the construction of the access.
RECOMMENDED that the Assistant Director: Planning APPROVE the application subject to the following conditions amended, added to or deleted as the Assistant Director: Planning considers necessary: -
01. The use 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. 49
Planning Committee 14th October 2021
02. The development hereby permitted shall be carried out only in accordance with the following approved plans and other submitted details: -
791.050F Proposed Site Plan
953.022M Proposed Site Plan
953.020G Proposed Elevations
953.021H Proposed Floor Plans
953.024B Proposed Street Scene
REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
03. The following, shall be submitted to and approved in writing by the Local Planning Authority before the relevant part of the work is begun:
a) Sample panel of all facing materials, including previously retained bricks to be used under 17/01273/FUL and a sample panel(s) of brickwork which demonstrates the brick type, colour, texture, face bond, mortar mix and pointing, to be erected on site and maintained there during the course of construction;
b) Samples and/or manufacturer's details of the roof materials for the proposed works,
c) Plan and elevation, with materials annotated, of all new window openings (showing brick gauged headers);
d). Plan and elevation drawings, with materials annotated, of all new doors at a minimum scale of 1:10 with typical moulding and architrave;
The relevant part of the works shall not be carried out otherwise than in accordance with the approved details.
REASON: In order to safeguard the appearance of a building in a Conservation Area in accordance with the requirements of policy.
[Relevant Policies: BFBLP EN20 and Core Strategy DPD CS1]
04. The following, shall be submitted to and approved in writing by the Local Planning Authority before the relevant part of the work is begun:
• schedule of materials and finishes for the hard landscaping including car parking and access road surfaces.
All work shall be carried out in full accordance with the approved document(s).
REASON: In order to safeguard the appearance of the site in a Conservation Area in accordance with the requirements of policy.
[Relevant Policies: BFBLP EN20 and Core Strategy DPD CS1]
05. No development (other than the construction of the access) shall take place until the access onto Church Street 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]
06. No dwelling shall be occupied until the access road between the adopted highway of Church Street and the car parking and turning area including provision for both vehicles and pedestrians has been constructed in a bound or bonded material in accordance with the approved plans.
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy DPD CS23]
07. No dwelling shall be occupied until the associated vehicle parking and turning space for 17 cars to park and turn 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
08. The development shall not be occupied until (a) details of the location of 1 visitor car parking space, and (b) details of the signing for the visitor space have been submitted to and approved in writing by the Local Planning Authority. The car parking space shall be provided and signed in accordance with the approved details and the space 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]
09. The development shall not be occupied until 16 secure and covered cycle parking spaces 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]
10. No development shall take place until a Construction Transport Management Plan has been submitted to and approved in writing by the Planning Authority to include:
(a) Details of parking for contractors and visitors;
(b) Details of areas for storage of plant and materials;
(c) Details of areas for welfare and associated cabins;
(d) Details of wheel wash to be provided to avoid deposition of material on the highway; and
(e) Swept path drawings indicating that the largest anticipated construction vehicle can turn around within the site and leave in a forward gear onto Church Road.
The approved Construction Transport Management Plan shall be adhered to throughout the demolition and construction period.
REASON: To mitigate and control environmental effects during the demolition and construction phases and in the interests of highway safety.
[Relevant Policies: BFBLP EN20, EN25; Core Strategy DPD CS1, CS7, CS23]
11. No development [including demolition and site clearance] shall take place until a Construction Environmental Management Plan (CEMP) 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 CEMP shall include measures for: the control of dust, odour and other effluvia
- the control of noise (including noise from any piling and permitted working hours)
- the control of pests and other vermin (particularly during site clearance)
- the control of surface water run-off)
- The control of noise from delivery vehicles, and times when deliveries are accepted and when materials can be removed from the site
- The control of waste from the site so that NO BURNING will commence.
Construction activity shall be carried out in accordance with the approved CEMP.
REASON: In the interests of the amenities of the area.
[Relevant Policies: BFBLP EN25]
12. During the construction of the development hereby approved the Arboricultural Method Statement Addendum and Tree Protection Plan produced by ATS dated June 2021 shall be complied with in full.
REASON: In order to safeguard trees and other vegetation considered to be worthy of retention.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
13. The following window(s) in the development hereby permitted or any replacement window 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 non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.
- Flat 4 - first floor bedroom window south-eastern (side) elevation
- Flat 5 - 2 x first floor bedroom windows south-eastern (side) elevation
- Flats 7 and 8 - dormer windows south-eastern (side) elevation
- Flat 1 - ground floor living room window south-eastern (side) elevation
REASON: To prevent the overlooking of neighbouring properties.
[Relevant Policies: BFBLP EN20]
14. The Technical Briefing Note, Addendum Bat Roost Assessment Report, dated Dec 2020 produced by aspect ecology, shall be complied with in full during the development.
REASON: In the interests of biodiversity.
[Relevant Plans and Policies: BFBLP EN3 CS1, CS7]
15. No dwelling shall be occupied 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 to include the retention of the hedge on the north western boundary, proposed numbers/densities locations.
b) Comprehensive 5 year post planting maintenance schedule.
c) Paving including paths, patios, proposed materials and construction methods, parking courts, etc.
d) Location, site specific design (including foundation requirements), and implementation method statement for permanent low barriers to prevent vehicle parking access onto retained soft landscaping areas forming part of the Root Protection areas of protected trees affecting the site.
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 BS 8545:2014 - Trees: from nursery to independence in the landscape - Recommendations 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. 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
REASON: In the interests of the visual amenities of the area.
[Relevant Plans and Policies: BFBLP EN20, CSDPD CS7]
16. No development shall take place until full details of the Drainage System has been submitted to and approved in writing by the Local Planning Authority in accordance with the approved drawings (GTA submission dated 21st July 21) These shall include:
full details of all components of the proposed drainage system including dimensions, permeable paving construction, locations, gradients, invert and cover levels, headwall details, planting (if necessary) and drawings as appropriate taking into account the groundwater table.The agreed details shall be fully implemented within 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 dwelling shall be occupied 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 dwelling 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.
19. Prior to practical completion of any property a verification report, appended with substantiating evidence demonstrating the agreed/approved construction details and specifications have been implemented, will need to be submitted and approved (in writing) by the Council. This will include photos of excavations and soil profiles/horizons, any placement of tanking, crating, connecting pipe work, aquacludes or aquabrakes, cover systems.
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.
20. The development hereby permitted shall not be begun until an Energy Demand Assessment demonstrating that:
(a) 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) a proportion of the development’s energy requirements will be provided from on-site renewable energy production (which proportion shall be 20%)
has been submitted to and approved in writing by the Local Planning Authority. The building shall thereafter be constructed in accordance with the approved assessment and retained as such thereafter.
REASON: In the interests of the sustainability and the efficient use of resources.
[Relevant Plans and Policies: CSDPD CS12]
21. 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]
22. No dwelling shall be occupied until details of boundary treatments 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 flats approved in this permission.
REASON: In the interests of the visual amenities of the area and in the interests of biodiversity.
[Relevant Plans and Policies: BFBLP EN20, CSDPD CS1, CS7]
23. The rooflight in Flat 7 on the south-eastern (side) elevation or any replacement rooflight shall be set more than 1.7 metres above the floor of the room in which the roof light is installed.
REASON: To prevent the overlooking of neighbouring properties.
[Relevant Policies: BFBLP EN20]
24. No part of the development shall be occupied until details of on-site refuse storage for waste material awaiting disposal (including details of any screening) have been submitted to and approved in writing by the Local Planning Authority. Such facilities shall be provided in accordance with the approved details prior to the first occupation of the development and thereafter permanently retained.
REASON: To ensure the provision of satisfactory waste storage facilities in the interests of amenity.
[Relevant Policy: Relevant Policy: Core Strategy DPD CS13]
In the event of the S106 agreement not being completed by 14th January 2022, the Assistant Director: Planning be authorised to either extend the period further or refuse the application for the following reasons: -
01 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 Regulation 63(5) of the Conservation of Habitats and Species Regulations 2017 (as amended), 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 Supplementary Planning Document (2018).
73. 20/00947/FUL Land North Of Cain Road, Cain Road, Bracknell
Erection of 68 bed care home (Class C2) with garden, parking and dedicated access off Turnpike Road and erection of 50 dwellings (5 no. one bedroom, 12 no. two bedroom and 33 no. three bedroom) with associated parking, landscaping and access off Cain Road.
The Committee noted:
· The supplementary report tabled at the meeting.
· The comments of Binfield Parish Council objecting to the proposal as detailed in the agenda.
· The 8 letters of objection received as summarised in the agenda.
· The 2 additional letters of representation as detailed in the supplementary report.
Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act related to:
- Entering into s278 Agreement with the Highway Authority relating to the creation of a new access onto Turnpike Road, creation of pedestrian and cycle access points onto Turnpike Road and Cain Road, and any other changes or remedial work to the adopted highway,
- Entering into a s38 Agreement with the Highway Authority for adoption, as a minimum, of the north-south footway/cycleway; and carriageway, footways, margins and street lighting within the site
- Private Access and Footpath (PAF) clauses
- Travel Plan
- Affordable Housing
- Community Facility Contribution
- Contribution towards off-site OSPV at Farley Wood
- SuDS specification/implementation/Management and Maintenance Strategy including monitoring contribution
- SPA Mitigation
- Restriction on Use of Building to Class C2 purposes
- Funding for Traffic Regulation Order (TRO)
- Contribution towards achieving off-site Biodiversity Net Gain including a monitoring contribution
RECOMMENDED that the Assistant Director: Planning APPROVE the application subject to the following conditions amended, added to or deleted as the Assistant Director: Planning considers necessary:
1. 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.
2. The development hereby permitted shall be carried out only in accordance with the following approved plans and documents: -
Plan - Site Layout 2851-C-1005-PL T.1 22/09/2021
Plan - Parking Plan 2851-A-1700-PL J 22/09/2021
Plan - Refuse Plan 2851-A-1701-PL J 22/09/2021
Plan - Street Elevations AA & FF 2851-C-1010-PL K 17/09/2021
Plan - Street Elevations BB & EE 2851-C-1011-PL H 18/08/2021
Plan - Street Elevations CC & DD 2851-C-1012-PL L 28/09/2021
Plan - Plots 1-2 2851-C-3000-PL B 28/04/2021
Plan - Plots 3-4 2851-C-3001-PL H 27/08/2021
Plan - Plots 5-6 2851-C-3005-PL B 28/04/2021
Plan - Plots 13-14 2851-C-3006-PL B 28/04/2021
Plan - Plots 7-8 2851-C-3010-PL B 28/04/2021
Plan - Plots 15-16 2851-C-3011-PL B 28/04/2021
Plan - Plots 9-12 (Floor Plans) 2851-A-3015-PL C 21/07/2021
Plan - Plots 9-12 (Elevation & Section) 2851-C-3016-PL C 21/07/2021
Plan - Plots 17-29 (Floor Plans) 2851-A-3040-PL B 28/04/2021
Plan - Plots 17-29 (Elevation & Section) 2851-C-3041-PL C 21/07/2021
Plan - Plots 30-32 2851-C-3045-PL B 28/04/2021
Plan - Plots 37-39 2851-C-3050-PL B 28/04/2021
Plan - Plots 33-36 2851-C-3055-PL B 30/04/2021
Plan - Plots 40-41 2851-C-3060-PL C 21/07/2021
Plan - Plots 42-47 (Floor Plans) 2851-A-3070-PL C 21/07/2021
Plan - Plots 42-47 (Elevation & Section) 2851-C-3071-PL B 21/07/2021
Plan - Plots 48-50 2851-C-3080-PL D 17/09/2021
Plan - Plot 50 2851-C-3085-PL C 23/07/2021
Plan - Plots 42-43 2851-C-3090-PL A 21/07/2021
Plan - Elevation 3007 HAI ZZ XX DR A 0301 [Sheet 1 of 3] P6 10/05/2021
Plan - Elevation 3007 HAI ZZ XX DR A 0302 [Sheet 2 of 3] P6 10/05/2021
Plan - Elevation 3007 HAI ZZ XX DR A 0303 [Sheet 3 of 3] P6 10/05/2021
Plan - Ground Floor Plan 3007 HAI ZZ XX DR A 0201 P5 01/04/2021
Plan - Frist Floor Plan 3007 HAI ZZ XX DR A 0211 P5 01/04/2021
Plan - Second Floor Plan 3007 HAI ZZ XX DR A 0221 P5 01/04/2021
Plan - Roof Plan 3007 HAI ZZ XX DR A 0231 P3 10/05/2021
3. Prior to commencement of any development above slab level in any individual phase, as identified in a Site Phasing Plan, to have been submitted to an approved in writing by the Local Planning Authority, samples of the external materials to be used in that phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved materials.
REASON: In the interests of the visual amenities of the area.
[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
4. Prior to commencement of any development above slab level in any individual phase, as identified in a Site Phasing Plan, to have been submitted to an approved in writing by the Local Planning Authority, details showing the finished floor levels of the buildings in each phase hereby approved in relation to a fixed datum point shall be 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.
5. Notwithstanding what is shown on the approved plans: the first and second floor
side facing kitchen windows in the apartment building containing Units 17-29 of the
development hereby permitted shall not be glazed at any time other than with a
minimum of Pilkington Level 3 obscure glass (or equivalent) unless the parts of the
window which are clear glazed are more than 1.7 metres above the floor of the room in
which the window is installed. They shall at all times be non-opening unless the parts
of the window which can be opened are more than 1.7 metres above the floor of the
room in which the window is installed.
REASON: To prevent the overlooking of neighbouring properties.
[Relevant Policies: BFBLP EN20]
6. 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 each individual Phase. The content of the LEMP 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 nature conservation
[Relevant Plans and Policies: CSDPD CS1]
7. No above slab level works, associated with the C3 dwelling phase, shall take place 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 and maintained as such thereafter.
REASON: In the interests of sustainability and the efficient use of resources.
[Relevant Policy: Core Strategy DPD CS10]
8. No above slab level works, associated with the C2 Care Home phase, shall take place until a pre-assessment estimator, demonstrating likely compliance with BREEAM Care Homes ‘Very Good’ as a minimum requirement, 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]
9. Within one month of the first occupation of the care home development hereby permitted (or, where the development is phased, within one month of the first occupation of the final phase of that development), a Post Construction Review Report shall be carried out by an independent assessor licensed by the Building Research Establishment and a Final Code Certificate shall be submitted to the Local Planning Authority which demonstrates that the development has been constructed to meet a minimum standard of "Very Good" or "Excellent" BREEAM rating.
REASON: In the interests of sustainability and the efficient use of resources.
[Relevant Policy: Core Strategy DPD CS10]
10. Prior to commencement of above slab level works in any individual phase an Energy Demand Assessment shall be 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]
11. No development (including initial site-clearance) shall commence within each individual Phase until a detailed scheme for the protection of existing trees 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 in respect of the relevant Phase. Protection measures shall be phased as necessary to take into account and provide protection during demolition/site clearance works, all construction works and 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 within influencing distance of the development.
b) All proposed tree, hedge or shrub removal shown clearly with a broken line.
c) Proposed location/s of 2.1m high protective barriers, supported by a metal scaffold framework, constructed as a minimum in accordance with Section 6 (Figure 2), 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.
d) Illustration/s of the proposed protective barriers to be erected.
e) Proposed location/s and illustration/s of 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.
f) Annotated minimum distances between protective barriers and trunks of retained trees at regular intervals.
g) All fenced off areas clearly annotated as Tree Protection Areas/Construction Exclusion Zones.
h) 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.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
12. The protective fencing and other protection measures specified by condition 11 shall be erected in the locations agreed in writing by the Local Planning Authority prior to the commencement of any development works (which may be within/around individual Phases), 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 or relevant Phase. Where phased protection measures have been approved, no works shall commence on the next phase of the development until the protective fencing barriers and other protective measures have been repositioned for that phase in full accordance with the approved details. No activity of any description must occur at any time within these 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,
a) 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.
b) 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]
13. No development for an individual Phase other than that required to be carried out as part of an approved scheme of remediation shall commence until conditions 14 to 16 have been complied with in respect of the relevant Phase. If unexpected contamination is found after development has begun, development must be halted on that part of the site/Phase affected by the unexpected contamination to the extent specified in writing by the Local Planning Authority until condition 17 has been complied with in relation to that contamination.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
14. An investigation and risk assessment for each individual Phase, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the Phase, whether or not it originates on the Phase. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
• human health,
• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,
• adjoining land,
• groundwaters and surface waters,
• ecological systems,
• archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
15. A detailed remediation scheme to bring each Phase to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared in respect of each Phase, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
16. The approved remediation scheme for each Phase must be carried out in accordance with its terms prior to the commencement of development on the relevant Phase other than that required to carry out remediation. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
17. In the event that contamination is found on a Phase at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 14 in respect of the relevant Phase, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 15, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 16.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
18. A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period to be agreed with LPA in respect of each Phase, and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.
Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.
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REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
19. No development approved by this permission shall commence in respect of each individual Phase until a landfill gas investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority in respect of the relevant Phase. Where a risk from gas is identified, a scheme to mitigate the effects of gas shall be submitted to the Local Planning Authority for written approval. Before any buildings are occupied the approved scheme shall be implemented and a validation report shall be submitted to the Local Planning Authority for approval.
REASON: To protect future occupiers of the site and structures from the risks associated with the migration of toxic and flammable gasses.
20. No development including demolition and site clearance shall commence within each individual Phase until a Construction Environmental Management Plan (CEMP) to control the environmental effects of the demolition and construction work has been submitted to and approved in writing by the Local Planning Authority in respect of the relevant Phase. The CEMP shall include as a minimum measure for: -
- the control of dust
- the control of noise
- the control of pests and other vermin (particularly during site clearance)
- the control of surface water run-off
- the control of noise from delivery vehicles, and times when deliveries are accepted and when materials can be removed from the site
- the control of works to limit harm to the sites ecology.
Construction activity shall be carried out in accordance with the approved CEMP.
REASON: In the interests of the amenities of the area.
21. No work relating to the development hereby approved, including works of demolition or preparation prior to building operations, shall take place other than between the hours of 08:00 and 18:00 Monday to Friday and 08:00 to 13:00 Saturdays and at no time on Sundays or public holidays.
REASON: To protect the occupiers of neighbouring properties from noise and disturbance outside the permitted hours during the construction period.
22. No development shall take place within each individual Phase until full details of the Drainage System(s) have been submitted to and approved in writing by the Local Planning Authority in respect of the relevant Phase. These shall include:
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 opportunities for infiltration across the site. Details of the permeable paving construction, bio retention design and cross-sections through the pond including earthworks specification for any bunding and lining required. Full details of filtration measures to be incorporated to prevent blockages within the system. Calculations demonstrating that the design shall accord with the principles and rates set out in the Stuart Michael Flood Risk Assessment Issue 6 dated October 2020.
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.
23. No development shall commence within each individual Phase 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 in respect of the relevant Phase. 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.
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24. Before any Class C3 dwelling hereby permitted can be occupied, details of the design, operation and ongoing maintenance regime for electric vehicle charging infrastructure with a minimum output of 7kW to be provided for 20% (1 in 5) of the parking spaces shown on the approved plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the electric vehicle charging infrastructure shall be provided and maintained in working order.
REASON: In the interests of sustainable transport.
[Relevant Policy: Local Plan Policy M9; NPPF paragraph 110 e); and Parking Standards SPD paragraph 3.8 part 1 supported by the NPPF at paragraph 105 e).
25. No Class C3 dwelling shall be occupied until the site access onto Cain Road along with the pedestrian and cycle link between Cain Road and Turnpike Road has been constructed in accordance with the approved drawings and in accordance with construction and street lighting details which have been submitted to and approved in writing by the Local Planning Authority.
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy BFBLP M6, DPD CS23 and CS24] [Relevant Policies: Core Strategy BFBLP M6, DPD CS23 and CS24]
26.No development shall take place on the eastern (Class C3 dwellings) part of the development until an on-site highway visibility plan to include both forward visibility and junction visibilities conforming to Manual for Streets 20mph specification has been submitted to and approved in writing by the Local Planning Authority. The visibility splay areas 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]
27. No Class C3 dwelling shall be occupied until that part of the access road which provides access to that dwelling and its parking, along with adjacent footways and margins, and street lighting has been constructed in accordance with the approved plans with details of construction and street lighting 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]
28. No development shall take place on the eastern (Class C3 dwellings) part of the development until a scheme for at least 20% (1 in 5) of the residential car parking spaces within the development to be provided with electric vehicle charging infrastructure with a minimum output of 7kW per charge point has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the associated electric vehicle charging infrastructure has been provided in accordance with approved details and thereafter the electric vehicle charging infrastructure shall maintained in working order.
REASON: In the interests of sustainable development and modes of travel.
[Relevant Policies: BFBLP M9, Core Strategy DPD CS1 and CS23]
29. No Class C3 dwelling shall be occupied until its associated vehicle parking and turning space has been surfaced and marked out in accordance with the approved drawing. The spaces and turning space shall thereafter be kept available for parking and turning 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]
30. The car ports hereby approved for plots 9, 10, 11 and 12 shown on the approved site plan 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) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no enlargements, improvements or alterations shall be made to the car ports, and no gate or door shall be erected to the front of the car ports.
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 Policies: BFBLP M9, Core Strategy DPD CS23]
31. No development shall take place on the eastern (Class C3 dwellings) part of the development until a scheme has been submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities with one secure, covered cycle parking space provided per bedroom for each dwelling. No dwelling shall be occupied until the approved cycle parking scheme for that dwelling has been implemented. The cycle parking facilities shall be retained as such.
REASON: In the interests of accessibility of the development to cyclists.
[Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
32. The Class C3 dwelling part of the development shall not be occupied until (a) details of the location of 9 visitor car parking spaces, and (b) details of the signing for the visitor spaces have been submitted to and approved in writing by the Local Planning Authority. The 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]
33. The care home shall not be occupied until the site access onto Turnpike Road has been constructed and provided with visibility splays of at least 2.4m x 43m in each direction along Turnpike Road in accordance with the approved drawings and in accordance with construction, street lighting, and visibility splay details which have been submitted to and approved in writing by the Local Planning Authority. The visibility splay areas 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 of Turnpike Road.
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy DPD CS23 and CS24]
34. The care home shall not be occupied until:
(a) a scheme for at least 20% (1 in 5) of the care home car parking spaces within the development to be provided with electric vehicle charging infrastructure with a minimum output of 7kW per charge point has been submitted to and approved in writing by the Local Planning Authority;
(b) the associated vehicle parking and turning space for the care home has been surfaced and marked out in accordance with the approved drawing with spaces enabled with electric vehicle charging infrastructure in accordance with the approved scheme; and
(c) a Travel Plan for the care home to promote travel by sustainable alternative modes of transport has been submitted to and approved in writing by the Local Planning Authority.
Thereafter:
(i) the vehicle parking spaces and turning space shall be kept available for parking and turning at all times;
(ii) all electric vehicle charging infrastructure shall be maintained in working order; and
(iii) the Travel Plan and associated parking demand for the care home shall be monitored and reviewed within three months after first occupation and then annually for a period of at least 5 years with an annual monitoring and review report submitted to and approved in writing by the Local Planning Authority.
REASON: To ensure that the development is provided with adequate car parking, in the interests of sustainable development, to encourage sustainable alternative modes of travel, and 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 CS1, CS23 and CS24]
35. No development on the western (Class C2 care home) part of the development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities and shower, changing and locker facilities for staff. The care home building shall not be occupied until the approved scheme has been implemented. The facilities shall thereafter be retained.
REASON: In the interests of accessibility of the development to cyclists.
[Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
36. No development (including any demolition or site clearance) within each individual Phase shall take place, until a Construction (and Demolition) Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority in respect of the relevant Phase.
The CEMP shall include as a minimum:
Bracknell Forest Council Planning Committee14th October 2021 Page 10 of 12
(i) Routing of construction and demolition traffic (including directional signage and appropriate traffic management measures);
(ii) Details of the parking of vehicles of site operatives and visitors;
(iii) Areas for loading and unloading of plant and materials;
(iv) Areas for the storage of plant and materials used in constructing the development;
(v) Location of any temporary portacabins and welfare buildings for site operatives;
(vi) Details of any security hoarding;
(vii) Details of any external lighting of the site;
(viii) Details of the method of piling for foundations;
(ix) Measures to control the emission of dust, dirt, noise and odour during demolition and construction;
(x) Measures to control surface water run-off during demolition and construction;
(xi) Construction and demolition working hours and hours during which delivery vehicles or vehicles taking materials away are allowed to enter or leave the site;
(xii) Details of wheel-washing facilities during both demolition and construction phases; and
(xiii) Areas for the turning of construction and demolition vehicles such that the largest anticipated vehicle can turn and leave the site in a forward gear.
The approved Construction Environmental Management Plan shall be adhered to throughout the demolition and construction period.
REASON: In the interests of highway safety and to mitigate and control environmental effects during the demolition and construction phases.
Relevant Policies: BFBLP EN20, EN25, M9; Core Strategy DPD CS1, CS7, CS23]
37. No gates shall be provided at the vehicular accesses to the site.
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy DPD CS23]
38. No development shall take place within each individual Phase until the applicant or their agents or successors in title have secured the implementation of a programme of archaeological work (which may comprise more than one phase of works) in accordance with a written scheme of investigation, which has been submitted by the applicant and approved by the planning authority in respect of the relevant Phase. The development on the relevant Phase shall only take place in accordance with the detailed scheme approved pursuant to this condition.
REASON: The site lies within an area of high archaeological potential. The condition will ensure that any archaeological remains within the site are adequately investigated and recorded in order to advance our understanding of the significance of any buried remains to be lost and in the interest of protecting the archaeological heritage of the Borough.
39. No dwelling/ building hereby permitted shall be occupied within each individual Phase until hard and soft landscaping works have been completed in full accordance with a landscaping scheme that has been submitted to and approved in writing by the Local Planning Authority in respect of the relevant Phase.
The landscaping scheme 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; and
b) details of semi mature tree planting; and
c) comprehensive 5 year post planting maintenance schedule including any ecological management requirements; and
d) underground service and external lighting layout (drainage, power, communications cables, pipelines etc. indicating lines, manholes etc.), both existing reused and proposed new routes; and
e) means of enclosure (walls and fences etc); and
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f) paving including open spaces, paths, steps and ramps, patios, cycle routes, driveways, parking courts, play areas etc. with details of proposed materials and construction methods; and
g) recycling/refuse or other storage units; and
h) play equipment; and
i) other landscape features (water features, seating, trellis and pergolas etc).
Where a development is to be phased a landscaping scheme for each phase shall be submitted which, in addition to those items listed above, shall include details of the landscaping to be provided within that phase, including structural landscaping and landscaping for communal areas. No dwelling shall be occupied within a Phase until all the structural and communal landscaping for that Phase has been completed in addition to the landscaping associated with that dwelling
All planting comprised in the soft landscaping works shall be carried out and completed in full accordance with the approved scheme. As a minimum, the quality of all 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 next 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 and the visual amenity of the area. [Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]
40.The development (including site clearance and demolition) shall not be begun until:-
(i) the site has been surveyed for the presence of badgers
(ii) the survey has been submitted to and approved by the Local Planning Authority, and
(iii) a scheme to minimise disturbance to badgers during the construction of the development, to mitigate the impact of the development upon them, and to improve their habitat has been submitted to 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: BFBLP EN3 CS1, CS7]
41.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 with vertical calculation planes 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 nature conservation
[Relevant Plans and Policies: BFBLP EN3 CS1, CS7]
42.No development shall commence 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. An ecological site inspection report shall be submitted within three months of the first occupation.
The approved scheme shall be performed, observed and complied with.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: BFBLP EN3 CS1, CS7]
43.No development shall commence until details of the boundary treatments (fencing, hedges, walls) have been submitted to and approved by the Local Planning Authority. All boundary treatments should provide for the free movement of wildlife to and from the site.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: BFBLP EN3 CS1, CS7]
In the event of the S106 agreement not being completed by 14th January 2022, the Assistant Director: Planning be authorised to either extend the period further or refuse the application for the following reason: -
01 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 Regulation 63(5) of the Conservation of Habitats and Species Regulations 2017 (as amended), 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 Supplementary Planning Document (2018)
CHAIRMAN