OFFICER REPORT
1.
SUMMARY
1.1
Full planning permission is sought for the erection of a detached
building for mixed use as ancillary residential outbuilding linked
to 7 Flint Grove (class C3), and for pre-school classes (class
F1).
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
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2.
REASONS FOR REPORTING THE APPLICATION TO PLANNING
COMMITTEE
2.1
The application has been reported to the Planning Committee at the
request of Councillor Dudley on parking provision and highway
safety grounds.
3.
PLANNING STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Within Defined
Settlement
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3.1 7
Flint Grove is a two storey semi-detached property. The application
site is located within the defined settlement boundary, within an
area predominantly residential in character.
4.
RELEVANT PLANNING HISTORY
4.1 The relevant
planning history is summarised as follows:
The building was
constructed under Section 6/1 of the New Towns Act 1965
15/00153/FUL
Erection of a detached
garage to side following demolition of existing conservatory
Approved 2015
15/00530/FUL
Erection of part two storey
part single storey front and side extensions following demolition
of garage and conservatory.
Approved 2015
5. THE
PROPOSAL
5.1 It
is proposed to erect an outbuilding within the rear garden of 7
Flint Grove for a mixed use comprising ancillary residential use to
the occupants of 7 Flint Grove (use class C3), and for providing
music classes for pre-school children (use class F1).
5.2
The proposed building would be located in the rear garden of 7
Flint Grove and would have a depth of 5.5 metres, a length of 4
metres and a height of 3.37 metres.
5.3 It
is proposed to use the building for phonics classes for children
aged 1-4. Up to 6 children (and their parents) would be present per
class, and each class would run for 45 minutes. Two classes would
be run per day, within the working hours of 9:30am – 2:45pm
Monday to Friday. All activity will take place inside the
building.
6.
REPRESENTATIONS RECEIVED
Bracknell Town
Council
6.1
Objection on the following grounds:
(i) The peak times for
traffic caused by this business will clash with the local residents
in this small Cul-de-Sac causing an extra burden on traffic for the
residents.
(ii) Bringing a commercial
business to a small residential space if out of keeping for this
quiet area.
Other
Representations
6.2
Letters of objection from the occupants of two properties have been
received raising the following concerns:
(i) Noise
disturbance
(ii)
Insufficient parking provision and highway safety concerns
(iii)
Additional traffic would have adverse impact on character of
area
(iv)
Commercial uses should not be allowed in a residential area
6.3 Letters of
support from the occupants of six properties have been
received.
7.
SUMMARY OF CONSULTATION RESPONSES
Highway
Authority
7.1 No
objection subject to suitable conditions
Environmental
Health
7.2 No
objection subject to suitable conditions
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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Supplementary
Planning Documents (SPDs)
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Design (2017)
Parking Standards (2016)
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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)
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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 residential amenity
(iv)
Highway safety consideration
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 outbuilding would be located within the rear
garden and therefore would not have a prominent impact on the
character of the area. While large, the building is not out of
keeping in a residential rear garden.
9.6 It is proposed to use the building for a
combination of ancillary residential use and commercial use. The
use of the building as a residential outbuilding would not be
considered excessive in relation to the plot size, and it is not
considered that the use of the building for commercial use would
result in an additional impact on the appearance of the
area.
9.7 Concern has been raised that any increase in
traffic would adversely affect the character of the area. As set
out in section (iv) any increase in on-street parking would be
modest, and therefore it is not considered there would be an over
proliferation of vehicles within Flint Grove to the detriment of
its character.
iii.
Impact on Residential
Amenity
9.8 ‘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.
9.9 Given the single storey nature of the building and
its distance to the nearest neighbouring properties it would not be
considered to cause unacceptable impacts on residential amenity by
reason of its size and massing.
9.10 A Noise Assessment has been submitted by the
applicant and reviewed by the Environmental Health Officer. It has
been advised that, subject to a condition restricting all activity
to the inside of the building, the proposed use is unlikely to have
a significant adverse impact on the amenities of the neighbouring
occupiers.
9.11 Should unacceptable levels of noise occur, this
planning permission does not override the powers of environmental
health legislation to control noise nuisances.
iv.
Transport and Highways
Considerations
9.12 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 text to this policy 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.
9.13 Five off-street parking spaces can be provided
within the application site. Three of these spaces would be
required for the occupants of the existing dwelling, allowing two
off-street parking spaces for visitors to the phonics class. There
is also likely to be on-street space available to park a further
vehicle adjacent to the low-level brick planted and former driveway
(permitted to be removed in 2015), subject to this not being used
by others. This would require half of parents to arrive by modes of
travel other than private car.
9.14 Secure cycle storage can be provided within the
existing garage for the bicycles of the residents of 7 Flint Grove.
Side access into the rear garden would allow for secure storage of
cycles in the garden for the visitors during music
classes.
9.15 It is considered that sufficient provision for
visitors to the music classes would be provided, and any on-street
parking would be minimal and would not be considered to have a
significant adverse impact on highway safety.
10.
CONCLUSIONS
10.1 It is considered that the development is acceptable in
principle and would not result in an adverse impact on the
character and appearance of the surrounding area, highway safety or
the residential amenities of the occupiers of the neighbouring
properties. It is therefore considered that the proposed
development complies with 'Saved' policies of the BFBLP, Policies
of the CSDPD, BFBC SPDs and the NPPF.
11.
RECOMMENDATION
11.1
That the Head of Planning be authorised to APPROVE
application 21/00224/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 (01) –
Received 01.03.21
Proposed Plans and
Elevations (05/A) – Received 10.05.21
Specifications of Garden
Room – Received 01.03.21
Design and Access Statement
(annotated) – Received 26.03.21
REASON: To ensure that the
development is carried out only as approved by the Local Planning
Authority.
03. The
development hereby approved shall not be occupied until the
associated vehicle parking and turning spaces have 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]
04. The
development hereby approved shall not be occupied until the
associated cycle storage has been provided in accordance with the
approved drawing. 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]
05. The
building hereby approved shall only be used for pre-school classes
during the following hours:
09:30 to 14:45 hours Monday
to Friday (excluding public holidays)
At all other times the
building shall be used only for purposes ancillary to the
residential use of 7 Flint Grove.
REASON: To prevent
unacceptable impacts on residential amenity.
06. There
shall be no more than 6 children present in connection with the
pre-school classes within the building hereby approved at any one
time.
REASON: To prevent
unacceptable impacts on residential amenity.
07. The
pre-school classes shall be undertaken exclusively within the
building hereby approved, and no activities in connection with the
pre-school classes shall take place outside the approved
building.
REASON: To prevent
unacceptable impacts on residential amenity.
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
(3) Parking
(4) Cycle parking
(5) Hours of operation
(6) Number of children
(7) Restriction of classes
to inside of building
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.
05. This
planning permission does not grant consent for a dropped kerb. The
Highways and Transport Section should be contacted at Time Square,
Market Street, Bracknell, RG12 1JD, telephone 01344 352000 or via
email at Highways.Transport@bracknell-forest.gov.uk , to agree the
access construction details and to grant a licence before any work
is carried out within the highway. A formal application
should be made allowing at least 12 weeks prior to when works are
required to allow for processing of the application, agreement of
the details and securing the appropriate agreements and licences to
undertake the work. Any work carried out on the public
highway without proper consent from the Highway Authority could be
subject to prosecution and fines related to the extent of work
carried out.
