OFFICER REPORT
1.
SUMMARY
1.1
Planning permission is sought for the erection of an additional
floor and the creation of 4no. additional flats.
1.2
The development relates to a site within the settlement boundary.
It is not considered that the development results in an adverse
impact on the streetscene or the character and appearance of the
area or highway safety. The relationship with adjoining properties
is considered acceptable.
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RECOMMENDATION
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Planning
permission be granted subject to conditions in Section 11 of this
report and a section 106 agreement relating to mitigation measures
for the SPA
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2.
REASONS FOR REPORTING THE APPLICATION TO PLANNING
COMMITTEE
2.1
The application has been reported to the Planning Committee
following the receipt of over 5 objections.
3.
PLANNING STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Within Defined
Settlement
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Between 400m and
5km of the Thames Basin Heath SPA
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Area A of the Bracknell Study Area
identified in the Character Area Assessments SPD
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3.1
The existing building consists of a detached block of flats
containing 8no. flats and a management area accessed from Robins
Gate.
3.2
The application site is located within a residential area which is
a designated character area identified in the Character Area
Assessments SPD (2010). The application site is located adjacent to
a pair of Locally Listed Buildings (Chapel House and The
Chapel).
3.3
The application site is located within the defined settlement
boundary and is positioned between 400m and 5km of the Thames Basin
Heath SPA.
4.
RELEVANT PLANNING HISTORY
4.1
The relevant planning history is summarised as follows:
16/00102/FUL
Change of use of land from
D2 to C3 and erection of 6No. dwellinghouses and 8No. flats with
parking and access.
Approved 2016
16/01282/FUL
Erection of 14 dwellings
with parking and access.
Approved 2017
5. THE
PROPOSAL
5.1
Planning permission is sought for the erection of an additional
floor, providing 4no. additional flats.
5.2
The application site is on sloping ground, and therefore the
building would have the appearance of four storeys when viewed from
Larges Lane. The building would
increase in height from 6.6 metres to 8.75 metres.
5.3
6no. additional parking spaces, and secure storage for 4no.
additional bicycles are proposed.
6.
REPRESENTATIONS RECEIVED
Bracknell Town
Council
6.1 No
objection raised
6.2
Other Representations
Letters of objection have
been received from the owners/occupants of 8 properties, raising
the following concerns:
(i)
Additional floor would be out of keeping with the existing
character of the area
(ii)
Adverse impact on the quality of life of surrounding residents
(iii)
Adverse impact on the peace of the neighbouring graveyard
(iv)
Insufficient parking provision
(v)
Adverse impact on highway safety
(vi)
Impact on property values
(vii)
Impact on the amenity of occupiers during construction works,
including scaffolding restricting use of the garden
(viii)
Loss of privacy, including to neighbouring residents and users of
the graveyard
(ix)
Overbearing and dominant impact on neighbouring properties
(x)
Development would block sunlight into gardens
(xi)
Insufficient bin provision
(xii)
Lack of affordable housing provision
Officer Comment:
The impact on property values is not a planning consideration and
therefore cannot form a reason for refusal. Nuisance arising from
construction is dealt with under separate Environmental Health
legislation, and therefore cannot form a reason for refusal. The
number of new dwellings proposed is insufficient to require
affordable housing provision, and therefore cannot be a requirement
of this planning application. All other concerns are addressed in
the report.]
7.
SUMMARY OF CONSULTATION RESPONSES
Highway
Authority
7.1 No
objection subject to suitable conditions
Heritage Officer
7.2
Advised less than substantial harm to the setting of the locally
listed Chapel and Chapel Lodge. Therefore, a planning balance is
required to weigh the public benefit against the impacts on
heritage assets.
8.
MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE
DECISION
8.1
The key policies and associated guidance applying to the site
are:
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Development Plan
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NPPF
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General policies
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CS1 & CS2 of CSDPD
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Consistent
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Design and Character (including
heritage)
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CS7 of CSDPD, Saved policy EN20 of
BFBLP
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Consistent
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Residential Amenity
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Saved policies EN1, EN2, EN20 and EN25 of
BFBLP
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Consistent
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Highways
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CS23 of CSDPD, Saved policy M9 of BFBLP
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Consistent
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Trees
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‘Saved’ policy EN1 of the
BFBLP
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Consistent
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SPA
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NRM6 of the South East Plan,
‘Saved’ policy EN3 of the BFBLP
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Consistent
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Biodiversity
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CS1 and CS7 of the CSDPD
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Consistent
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Sustainability
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CS10, CS12 of the CSDPD
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Consistent
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Supplementary
Planning Documents (SPDs)
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Design (2017)
Parking Standards (2016)
Streetscene (2010)
Thames Basin Heath SPA (2018)
Sustainable Resource Management (2008)
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Other
publications
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National Planning Policy Framework
(NPPF)
Building Research Establishment: Site
Layout Planning for Daylight and Sunlight: a Guide to Good Practice
2011 (BRE SLPDS)
CIL Charging Schedule (2015)
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9.
PLANNING CONSIDERATIONS
9.1 The key issues for consideration are:
(i)
Principle of the Development
(ii)
Impact on the character and appearance of the area
(iii)
Impact on heritage assets
(iv)
Impact on residential amenity
(v)
Highway safety consideration
(vi)
Sustainability
(vii)
Thames Basin Heath SPA
(viii)
Community Infrastructure Levy
(ix)
Planning Balance
i.
Principle of Development
9.2
Section 38(6) of the Planning and Compulsory Purchase Act 2004
requires that applications for planning permission must be
determined in accordance with the development plan, unless material
considerations indicate otherwise, which is supported by the NPPF
(paras. 2 and 12). Policy CS2 of the CSDPD states that development
will be permitted within defined settlements. This is provided that
the development is consistent with the character, accessibility and
provision of infrastructure and services within that settlement.
The above policy is considered to be consistent with the NPPF, and
as a consequence is considered to carry significant weight.
9.3
The site is located in a residential area that is within a defined
settlement on the Bracknell Forest Borough Policies Map (2013). As
a result, the proposed development is considered acceptable in
principle, subject to no adverse impact on the amenity of the
neighbouring occupiers and upon the character and appearance of the
area.
ii.
Impact on Character and Appearance of Surrounding Area
9.4
‘Saved’ policy EN20 of the BFBLP states that
development should be in sympathy with the appearance and character
of the local environment and appropriate in scale, mass, design,
materials etc. Policy CS7 of the CSDPD states that the council
would require high quality design for all development in Bracknell
Forest. Development proposals would be permitted which build on the
urban local character, respecting local patterns of development.
Paragraph 124 of the NPPF emphasises the importance of good design
as key to making places better for people to live. Additionally,
paragraph 130 of the NPPF states that the design of development
should help improve the character and quality of an area and the
way it functions.
9.5
The application site is located within Area A of the Bracknell
Study Area identified in the Character Area Assessments SPD. This
area is characterised as follows:
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Characterised by large buildings in space;
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Development heights range from 2 storey houses to 7 storey
institutions;
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No coherent architectural approach;
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Due to proximity to the town centre could be suitable for greater
densities;
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Development along Larges Lane should consist of houses and smaller
blocks of flats to create a transition to the residential areas to
the east.
9.6
The Design SPD recommends that the height of buildings should
respond to the following factors:
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The existing heights and degree of variation in height in the local
context;
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The scale and importance of the space that the building will define
or enclose;
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Its position in the street hierarchy;
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The position of the building line in relation to the street;
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Whether it is a focal point or landmark location in the
development;
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Its impact on the setting of any heritage assets or views; and
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The density of development.
9.7 It
is proposed to erect an additional floor to the building, resulting
in a four storey building when viewed from Larges Lane. The
building would increase in height from 6.6 metres to 8.75 metres.
The design of the extension has been revised during the course of
the application and would be sympathetic to the existing building.
The materials would be similar to those on the existing building.
It is considered that the proposed development would not appear
disproportionate to the existing building.
9.8
The proposed additional floor would be set back from the front
elevation by 2 metres at the central point, with steps in on either
side elevation. This would provide a visual break between the
existing building and the proposed additional storey. Furthermore,
the additional floor would be clad in dark grey cladding, to reduce
the visual prominence of the development on the area.
9.9 It
is acknowledged that the resulting building would be taller than
the surrounding buildings and would appear prominent in the
streetscene. However, the proposed building is located in a
prominent location on the bend of Larges Lane as it transitions
from widely spaced dwellings well screened by vegetation, to an
area of more dense residential plots. The building is set back from
the highway by approximately 5.5 metres at its closest point, with
the nearest neighbouring building approximately 16 metres away.
9.10
The character area assessment identifies that buildings up to 7
storeys high would be suitable for the area, although development
on Larges Lane should be shorter blocks of flats. It is considered
that a 4 storey building would therefore comply with the
recommendations of the Character Area Assessments SPD.
9.11
Given the separation distance from the building to the highway, and
the separation distance to the surrounding properties, it is not
considered that the increase in height would appear significantly
incongruous within the streetscene to the detriment of the
character of the area.
iii.
Impact on Heritage Assets
9.12
Bullbrook Cemetery on Larges Lane contains a Chapel and Chapel
Lodge which are locally listed buildings. The Chapel and Lodge
buildings date from around 1880 and have architectural and
townscape value as local landmarks.
9.13
PPG states that local planning authorities may identify
non-designated heritage assets and in some areas, these heritage
assets may be identified as ‘locally listed’ (DCLG et
al, 2014, para. 39). These identified heritage assets may include
buildings, monuments, sites, places, areas or landscapes which have
a degree of value meriting consideration in planning decisions but
which are not formally designated heritage assets (DCLG et al,
2014, para. 39). Under paragraph 197 states that:
“The effect of an
application on the significance of a non-designated heritage asset
should be taken into account in determining the application. In
weighing applications that directly or indirectly affect
non-designated heritage assets, a balanced judgement will be
required having regard to the scale of any harm or loss and the
significance of the heritage asset.”
9.14
The Locally Listed chapel buildings, which are landmark buildings,
are located directly opposite the proposed development which has
inter-visibility with them being 16m away from Chapel House at its
closest point. The proposed development would not have any material
impact on the non-designated heritage assets themselves but would
affect their settings. However, the existing townscape around the
locally listed buildings is defined partly by the existing three
storey development along Large Lane. The existing building has a
curved front elevation onto Larges Lane and a flat roof and
comprises 8 apartments with a further 6 townhouses along Larges
Lane. The existing flats adjacent to the Chapel, between Larges
Lane and Farnham Close, are also three storeys high.
9.15
Generally, the prevailing storey heights in the adjacent area is
three storeys. Although there are buildings of four storey and
higher, these are generally located towards Bracknell town centre
around Bracknell and Wokingham College. Therefore, the proposed
four storey building would be taller than the prevailing townscape
For this reason it is considered that it would result in less than
substantial harm to the setting of the Locally Listed Buildings;
any harm should be balanced against the public benefits of the
scheme in the planning balance.
iv.
Impact on Residential Amenity
9.16
‘Saved’ policy EN20 of the BFBLP states that
development will not adversely affect the amenity of surrounding
properties and adjoining area. Paragraph 127 of the NPPF states
that the Local Planning Authority should ensure high quality
amenity for all existing and future occupants of land and
buildings.
Overlooking
9.17
Due to the separation distance between the building and the
surrounding residential dwellings, it is not considered the
proposal would result enable increased levels of overlooking to
private residential properties and their gardens, over and above
what can be achieved by the existing situation.
Overbearing
9.18
Due to the separation distance between the building and the
surrounding residential dwellings (the closest building is
approximately 16 metres away), it is not considered that the
proposal would appear unduly overbearing to the occupants of the
surrounding properties.
Overshadowing
9.19
The nearest residential property, 1 Robins Gate Cottages, has no
side windows that are the primary sources of light to habitable
rooms. As such, the increase in height of the building would not be
considered to have a significant impact on the occupants of this
dwelling in terms of loss of light. The residential property to the
north-west, The Willows, is located approximately 36 metres from
the proposed development. This separation distance is sufficient to
avoid any overshadowing impacts to this property.
Existing and Future
Occupants
9.20
All the rooms in the proposed flats would either have south facing
windows, or two sources of light to the habitable rooms. It is
considered that the proposed flats would receive sufficient
daylight.
9.21
Balconies are proposed for two of the new flats, and outside
amenity space to the south of the building could be used by
existing and future residents. As this land is to the south of the
building in question an increase in height would not result in
significant levels of overshadowing to this area.
v.
Highway Safety Considerations
9.22
Policy CS23 of the CSDPD states that the council will use its
planning and transport powers to reduce the need to travel,
increase the safety of travel, promote alternative modes of travel
and promote travel planning. ‘Saved’ policy M9 of the
BFBLP states that development will not be permitted unless
satisfactory parking provision is made for vehicles and cycles. The
supporting test to this policy also states that the standards set
out in the Bracknell Forest Borough Parking Standards,
Supplementary Planning Document 2016 (SPD), can be applied flexibly
in certain circumstances.
9.23
The proposal is for 2 x 2-bedroom and 2 x 1-bedroom dwellings; this
requires 6 additional parking spaces to be provided to accord with
Table 6 of the Parking Standards SPD.
9.24 A
Block Plan has been submitted, demonstrating where 6 additional car
parking spaces along with 6 residents' cycle spaces and 4 visitor
cycle spaces would be located. The proposed car and cycle parking
would meet the requirements of the Council's Parking Standards SPD
(March 2016) for the proposed development.
9.25
Sufficient bin storage is proposed to meet the BFC requirements of
100 litres of waste per household per week. Access to the bin
storage has been improved.
9.26
The 2x1-bedroom and 2x 2-bedroom flats in this location are likely
to generate around 10 vehicular trips per day based on TRICS data
used to inform the Council's Transport Model.
vi.
Sustainability
9.27
CSDPD Policy CS10 requires the submission of a Sustainability
Statement demonstrating how the proposals meet current best
practice standards, cover water efficiency aimed at achieving an
average water use in new dwellings of 110 litres/person/day. CSDPD
Policy CS12 requires the submission of an Energy Demand Assessment
demonstrating how 10% of the development's energy requirements will
be met from on-site renewable energy generation.
9.28
It is recommended that these requirements are secured by
condition.
vii.
Thames Basin Heath SPA
9.29
The Council, in consultation with Natural England, has formed the
view that any net increase in residential development between 400m
and 5km straight-line distance from the Thames Basin Heath Special
Protection Area (SPA) is likely to have a significant effect on the
integrity of the SPA, either alone or in-combination with other
plans or projects. An Appropriate Assessment has been carried out
including mitigation requirements.
9.30
This site is located approximately 2.7 km from the boundary of the
SPA and therefore is likely to result in an adverse effect on the
SPA, unless it is carried out together with appropriate avoidance
and mitigation measures.
9.31
On commencement of the development, a contribution (calculated on a
per-bedroom basis) is to be paid to the Council towards the cost of
measures to avoid and mitigate against the effect upon the Thames
Basin Heaths SPA, as set out in the Council's Thames Basin Heaths
Special Protection Area Supplementary Planning Document (SPD). The
strategy is for relevant developments to make financial
contributions towards the provision of Suitable Alternative Natural
Greenspaces (SANGs) in perpetuity as an alternative recreational
location to the SPA and financial contributions towards Strategic
Access Management and Monitoring (SAMM) measures. The Council will
also make a contribution towards SANG enhancement works through
Community Infrastructure Levy (CIL) payments whether or not this
development is liable to CIL.
9.32
In this instance, the development would result in a net increase of
two x 1-bedroom
dwellings and two X 2-bedroom dwellings which results in a
total SANG contribution of £19,192.
9.33
The development is required to make a contribution towards
Strategic Access Management and Monitoring (SAMM) which will is
also calculated on a per bedroom basis. Taking account of the per
bedroom contributions this results in a total SAMM contribution of
£1,850.
9.34
The total SPA related financial contribution for this proposal is
£21,042. The applicant must agree to enter into a S106
agreement to secure this contribution and a restriction on the
occupation of each dwelling until the Council has confirmed that
open space enhancement works to a SANG is completed. Subject to the
completion of the S106 agreement, the proposal would not lead to an
adverse effect on the integrity of the SPA and would comply with
SEP Saved Policy NRM6, Saved policy EN3 of the BFBLP and CS14 of
CSDPD, the Thames Basin Heaths Special Protection Area SPD and the
NPPF.
viii.
Community Infrastructure Levy (CIL)
9.35
Bracknell Forest Council introduced charging for its Community
Infrastructure Levy (CIL) on 6th April 2015. CIL is applied
as a charge on each square metre of new development. The amount
payable varies depending on the location of the development within
the borough and the type of development.
9.36
CIL applies to any new build (except outline applications and some
reserved matters applications that leave some reserved matters
still to be submitted) the creation of additional dwellings.
9.37
In this case, the proposal would be CIL liable as it comprises the
creation of new dwellings.
ix.
Planning Balance
9.38
The proposal would affect the setting of Locally Listed Chapel
Buildings and it was concluded that this would result in
‘less than substantial harm’. The harm would be of a
low order. However, and in accordance with Paragraph 193 of the
NPPF, any harm must be afforded ‘great weight’ to the
heritage asset’s conservation in the decision-making process.
Paragraph 196 goes on to say that where a development proposed
would lead to less than substantial harm, as in this case, the harm
should be weighed against the public benefits.
9.39
The proposal would provide 4no. additional dwellings, adding to the
provision of housing within the borough in a sustainable location
close to Bracknell Town centre. This would be considered a public
benefit. As set out in the previous section, the proposed
development would not be considered to have a significant adverse
impact on the character and appearance of the area. As such, it is
considered that the public benefit overrides the less than
substantial harm which is of a low order to the settings of the
Locally Listed Buildings.
9.40
In light of this assessment, the application is considered to be
acceptable in terms of highway safety, character and appearance of
the area and amenities of neighbouring properties. The low order of
harm identified to the setting of the listed building is considered
to be outweighed by the contribution to the housing land supply and
other associated public benefits. Subject to the completion of the
S106 agreement to secure SPA mitigation, and relevant conditions
the application is therefore recommended for approval.
10.
RECOMMENDATION
10.1
Following the completion of planning obligation(s) under Section
106 of the Town and Country Planning Act 1990 relating to the
following measures:
- Avoidance
and mitigation of the impact of residential development upon the
Thames Basin Heaths Special Protection Area (SPA);
That the Head of Planning be
authorised to APPROVE application 21/00077/FUL subject to
the following conditions amended, added to or deleted as the Head
of Planning considers necessary:
01. The
development hereby permitted shall be begun before the expiration
of three years from the date of this permission.
REASON: To comply
with Section 91 of the Town and Country Planning Act 1990.
02. The
development hereby permitted shall be carried out only in
accordance with the following approved plans and other submitted
details:
Location Plan (001/B)
– Received 25.01.21
Proposed Block Plan (102/E)
– Received 28.04.21
Proposed Lower Ground Floor
(109/A) – Received 25.01.21
Proposed Ground Floor
(110/C) – Received 28.04.21
Proposed First Floor
(111/A) – Received 25.01.21
Proposed Second Floor
(112/E) – Received 27.05.21
Proposed Roof (113/D)
– Received 27.05.21
Proposed Section A-A
(140/D) – Received 27.05.21
Proposed Section B-B
(141/B) – Received 27.05.21
Proposed South-West
Elevation (170/D) – Received 27.05.21
Proposed North-West
Elevation (171/E) – Received 27.05.21
Proposed North-East
Elevation (172/D) – Received 27.05.21
Proposed South-East
Elevation (173/E) – Received 27.05.21
REASON: To ensure that the
development is carried out only as approved by the Local Planning
Authority.
03. The
development hereby permitted shall not commence until details of
the all proposed external materials are submitted and approved in
writing by the Local Planning Authority.
REASON:
In the interests of the visual amenities of the area.
[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
04. The
development hereby approved shall not be occupied until the
associated vehicle parking and turning space has been provided 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]
05. The
dwelling shall not be occupied until a plan showing the floor plan
and elevation of the cycle store shown on the approved plans,
showing 4 secure and covered cycle spaces, is submitted to an
approved in writing by the Local Planning Authority. 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]
06. No part
of the dwelling shall be occupied 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]
07. No
construction works shall take place until an Energy Demand
Assessment demonstrating that at least 10% of the development's
energy will be provided from on-site renewable energy production,
has been submitted to and approved in writing by the Local Planning
Authority. The dwelling as constructed shall be carried out in
accordance with the approved assessment and retained as such
thereafter.
REASON: In the interests of
sustainability and the efficient use of resources.
[Relevant Policy: Core
Strategy DPD CS12]
08. The
development shall incorporate surface water drainage that is SuDS
compliant and in accordance with DEFRA "Sustainable Drainage
Systems - Non-statutory technical standards for sustainable
drainage systems" (March 2015). It shall be operated and
maintained as such thereafter.
REASON: To prevent
increased risk of flooding, to improve and protect water quality
and ensure future maintenance of the surface water drainage
scheme.
[Relevant Policies: CSDPD
CS1, BFBLP EN25]
Informative(s):
01. The
Local Planning Authority has acted positively and proactively in
determining this application by assessing the proposal against all
material considerations, including planning policies and any
representations that may have been received and subsequently
determining to grant planning permission in accordance with the
presumption in favour of sustainable development, as set out within
the National Planning Policy Framework.
02. No
details are required to be submitted in relation to the following
conditions; however they are required to be complied with:
(1) Time limit
(2) Approved plans
(4) Vehicle parking
(8) SUDS
The applicant is advised
that the following conditions are required to be discharged:
(3) Materials
(5) Cycle parking
(6) Sustainability
Statement
(7) Energy Demand
Assessment
03. The
applicant should note that this permission does not convey any
authorisation to enter onto land or to carry out works on land not
within the applicant’s ownership.
04. This is
a planning permission. Before beginning any development you may
also need separate permission(s) under Building Regulations or
other legislation. It is your responsibility to check that there
are no covenants or other restrictions that apply to your
property.
