OFFICER
REPORT
1.
SUMMARY
1.1 This is an
application for prior approval under Schedule 2, Part 20 of the
Town and Country Planning (General Permitted Development) (England)
Order 2015 (as amended). Under Class AA, of Part 20, permitted
development consists of works for the construction of up to two
additional storeys of new dwellinghouses immediately above the
topmost storey on a detached building subject to certain criteria
being met and an application for prior approval being granted by
the Local Planning Authority.
1.2 This
application constitutes the application for prior approval and
having had regard to the criteria and conditions of Class AA, part
20 it is considered that prior approval be granted.
|
RECOMMENDATION
|
|
Prior approval be granted subject to
conditions in Section 11 of this report
|
2.
REASON FOR REPORTING APPLICATION TO COMMITTEE
2.1 The application is
reported to the Planning Committee as it has received more than 5
objections.
3.
PLANNING STATUS AND SITE DESCRIPTION
|
PLANNING STATUS
|
|
Within settlement boundary
|
|
With 5km of the SPA
|
3.1
Parkfield House is a three storey building located on the east side
of Crowthorne High Street, with retail and other commercial uses on
the ground floor and residential above, consisting of 6,
two-bedroomed and 10 one bedroomed flats.
3.2
Parking consisting of 30 spaces (22 allocated and 8 unallocated) is
located to the rear of the building with access off Cambridge Road.
There is also a bin store within the parking area.
3.3
Crowthorne High Street consists of a variety of commercial and
community buildings, some with residential above, varying in height
between two and three storey. Parkfield House was constructed after
obtaining planning permission in 2002 to complement Twelve Trees
House (north of Parkfield House) and Crowthorne Library (west of
the site). Crowthorne Library is a part two and part three storey
building with gable features, whilst Twelve Trees House is a three
storey building. All three buildings have a common architectural
style. To the south are two storey buildings with slate roofs,
whilst to the east are the dwellings of Thornton Mews.
3.4 The
land levels rise to the south and to the
east.
4.
RELEVANT SITE
HISTORY
4.1
The relevant planning history
can be summarised as follows:
05/00108/FUL
Section 73 application to allow an extended period
for off-site highway works associated with a development of 16
flats and 5 shops to be completed, without compliance with
conditions 14 and 19 of planning permission 02/00744/FUL.
(These conditions require the works to be completed before the
development is occupied).
Approved 08.04.2005
02/00744/FUL
Erection of 10 no. 1 bedroomed flats, 6 no. 2
bedroomed flats and 5 no. retail units.
Approved 09.05.2003
02/00193/FUL
Erection of 5no. shop units and 10 no. 1 bedroomed
flats and 6 no. 2 bedroomed flats.
Refused 08.07.2002
00/00736/FUL
Erection of 5 no. shop units, 10 no. 2 bedroomed
apartments and 3 no. 3 bedroomed town houses (Parkfield House)
following demolition of existing buildings.
Approved 25.04.2002
610474
Demolition of existing petrol station and erection
of retail residential and office development. Provision of 39 car
parking spaces and construction of vehicular access to Cambridge
Road.
(DEMOLISHED)
Approved 15.08.1986
5.
THE PROPOSAL
5.1 An
additional floor is proposed to Parkfield House to contain an
additional 5 flats, consisting of 3 two-bedroomed and 2 one
bedroomed and a communal roof terrace.
5.2 The
extension is designed as a mansard, set back from the existing wall
plane, behind a small parapet. The main dormer roof will be slate
clad with lead or zinc surrounding the dormer windows.
5.3 To
the rear it is proposed to re-allocate the parking as no additional
parking spaces are proposed. The existing bin store will be
slightly enlarged and this will only serve the residential elements
of Parkfield House.
5.4
Amended plans have been received removing balconies to two flats
facing east. Juliette balconies have been provided allowing doors
to be opened but preventing occupiers from stepping out onto the
proposed green roofs.
6.
REPRESENTATIONS
RECEIVED
Crowthorne Parish Council
6.1
Recommends refusal for the following reasons:
The Neighbourhood Plan carries significant weight
and should be adhered to. Policy CR9 required proposal to
demonstrate how air quality will not be impacted.
The overbearing nature and overdevelopment of the
site in its context.
Insufficient parking (9 additional off-street
spaces should be required to comply with the Bracknell Forest
Parking SPD)
Within the proximity of the site there is
considerable pressure on parking, including on-street and dedicated
car parks. The displacement of cars from the proposal to these
areas, increasing the risk of illegal, inconsiderate or obstructive
parking and a detriment to highway safety.
If the suggestion that residents and their
visitors should use the public car parks is allowed, this would
have a major impact on the viability of Crowthorne High St as a
destination, and detrimentally affect Traders in
Crowthorne.
Waste:
Additional clear, clean and accessible waste has
to be planned.
Safety:
Unconvincing access to the uppermost floors and
there is no evidence of the installation of sprinklers or other
Automatic Fire Suppression System.
SPA:
There has been no consideration or contribution to
the SPA.
Other matters:
The existing residents must be considered. The
construction will result in noise, obstruction and difficultly
whilst building work is carried out. A plan should be delivered
showing how parking arrangements for current residents can be
accommodated whilst building works are undertaken. Disruption to
neighbouring roads and nearby houses should also be considered,
including safety of passing children.
Other
Representations
Crowthorne Village Action
Group
6.2 The
objections from the Crowthorne Village Action Group can be
summarised as
follows:
Highway safety:
No new parking spaces are
proposed and therefore the proposal would detrimentally affect
highway safety. The only way parking can be allocated to the new
flats is to remove it from existing visitors and delivery drivers.
This would result in increased on street parking by visitors to the
existing flats and retail units. In turn this will have an impact
upon the Crowthorne AQMA. It has been determined that the main
cause of pollution is from queuing traffic.
Impact upon Amenity of existing
residents:
Proposal would overlook
habitable rooms and gardens. In addition there would be
considerable disruption and noise for the existing occupiers whilst
the work is being undertaken, to the detriment of
amenities.
Impact upon Air
Quality:
Air pollution is associated
with a number of adverse health impacts. This application is
located within an existing AQMA identified as an area where quality
limits are likely to be breached. The increase in height which
would result with this proposal would create a canyon affect,
restricting the dispersal of vehicle emissions.
Neighbourhood Plan:
The proposal is contrary to the
Crowthorne Neighbourhood Plan.
6.3
23 letters have been received from different addresses objecting to
the proposal on the following grounds:
·
Insufficient parking
provided.
o
One business has contractual
right to four parking spaces within the parking bay which get
frequently used by residents.
o
Currently each non-residential
unit is allocated two spaces and each residential, one space. This
would change, displacing the current vehicles which park within the
site.
·
Disruption to business and
existing occupiers whilst building works are undertaken from noise
which could materially affect the turnover.
·
No information has been
submitted to demonstrate how contractor parking, storage of
materials, and welfare will be accommodated during
construction.
·
No evidence submitted that the
current structure would be capable of taking the additional floor.
[Officer Note: This is covered under other legislation]
·
No risk assessment to show that
persons visiting the site during the building operations would be
safe. [Officer Note: This is covered under other
legislation].
·
Proposal is not in accordance
with the Development Plan for Bracknell Forest.
·
Proposal would be out of
keeping with the character of a town centre location.
·
The proposal would result in
additional impact on the amenities of residential properties,
including overlooking and loss of light.
·
No evidence to show that the
existing services would support the additional flats.
·
Proposal is overdevelopment and
not in keeping with the character of Crowthorne.
·
Insufficient public
consultation has taken place.
[Officer Note: Public consultation has taken place
in accordance with the relevant legislation including the display
of a site notice].
·
There are already difficulties
with parking on the site and expecting people to park off site
because there is sufficient availability to park within a 250m
radius is not acceptable.
·
Contrary to the Crowthorne
Neighbourhood Plan which states that buildings in the neighbourhood
are characteristically one or two storeys high, and that there is a
need for more parking.
·
Sufficient housing
available
·
No contamination statement
submitted with the application
·
No Flood Risk Assessment has
been submitted. It should be noted that during time of heavy rain
part of the parking area floods.
·
The design and external
appearance of the proposal would result in a building out of scale
and disproportionately taller and according visually
intrusive.
·
Another high building will only
increase the amplified traffic noise already present.
·
Loss of value to existing
properties in Parkfield House [Officer note: This is not a planning
consideration].
·
The application proposal is not
needed.
7.
SUMMARY OF CONSULTATION
RESPONSES
Highway
Authority
7.1
No objections subject to conditions.
Environmental
Health
7.2 No objections
Waste and
Recycling
7.3 No objections
8.
MAIN POLICIES AND OTHER
DOCUMENTS RELEVANT TO THE DECISION
8.1 The primary strategic
planning considerations applying to the site and associated
policies are:
|
|
Development Plan
|
NPPF
|
|
General
policies
|
CS1 & CS2 of
CSDPD
|
Consistent
|
|
Design
|
CS7 of CSDPD,
Saved policy EN20 of BFBLP
CR1, CR4 of the
CNP
|
Consistent
Consistent
|
|
Residential
Amenity
|
Saved Policy
EN20 of BFBLP
|
Consistent
|
|
Parking
|
Saved policy M9
of BFBLP
|
Consistent
NPPF refers to
LAs setting their own parking standards for residential
development, this policy is considered to be consistent.
|
|
Transport
|
CS23 of
CSDPD
|
Consistent
|
|
SPA
|
SEP Saved Policy
NRM6, CS14 of CSDPD
|
Consistent
|
|
Supplementary Planning Documents (SPD)
|
|
Design SPD
|
|
Parking
Standards SPD
|
|
Thames Basin
Heath Special Protection Area (SPD)
|
|
Other publications
|
|
National
Planning Policy Framework (NPPF) and National Planning Policy
Guidance (NPPG)
|
|
CIL Charging
Schedule
|
8.2
Development Plan Polices, the Crowthorne Neighbourhood Plan (CNP)
and the NPPF are considered relevant in prior approval cases, but
only insofar as they relate to the development and prior approval
matters.
9.
PLANNING CONSIDERATIONS
9.1 The key issues for
consideration are:
i.
Principle of Development
ii.
Transport and Highway
Implications
iii.
Air traffic and defence assets impacts of development
iv.
Contamination risks in relation
to the development
v.
Flooding risks in relation to
the development
vi.
The external appearance of the
building
vii.
Impact of any works permitted
by sub paragraph (1) or (d) of Class AA
viii.
Provision of adequate natural
light in all habitable rooms of the new dwelling houses
ix.
Impact upon the amenity of
existing building and neighbouring premises including overlooking,
privacy, and the loss of light
x.
Impacts of noise from any
commercial premises on the intended occupiers of the new dwellings
houses.
xi.
Impacts of the introduction of
or an increase in, a residential use of premises in the area on the
carrying out if any trade, business or other use of land in the
area.
xii.
Whether, because of the siting of the building, the development
will impact on a protected view identified in the Directions
Relating to Protected Vistas dated 15th March 2012
issued by the Secretary of State.
xiii.
Other issues
i.
Principle of Development
9.2 This
application seeks consent under Class AA, Part 20, Schedule 2, of
the Town and Country Planning (General Permitted Development)
(England) Order 2015 (as amended).
9.3 Under Class AA permitted
development consists of works for the construction of up to two
additional storeys of new dwellinghouses immediately above the
topmost storey on a detached building to which sub paragraph (2)
applies, together with any or all-
(a) engineering
operations reasonably necessary to construct the additional storeys
and new dwelling houses;
(b) works for
the replacement of existing plant or installation of additional
plant on the roof of the extended building reasonably necessary to
service the new dwelling houses;
(c) works for
the construction of appropriate and safe access to and egress from
the new dwelling houses and existing premises in the
building
(d) works for
the construction of storage, waste or other ancillary facilities
reasonably necessary to support the new dwelling houses.
9.4 Sub paragraph (2) states
that this class only applies to a building which is—
(a) used for any
purpose within Class A1 (shops), Class A2 (financial and
professional services), Class A3 (restaurants and cafes) or Class
B1(a) (offices) of the Schedule to the Use Classes Order, or as a
betting office, pay day loan shop or launderette;
(b) in a mixed
use combining –
(i) two or more
uses within paragraph (a); or
(ii) a use
falling withing Class C3 (dwellinghouses) of the Schedule to the
Use Classes Order, together with one or more uses withing paragraph
(a).
9.5 If there are no implications associated
with these matters, the development is considered to be permitted
development.
9.6 The table below
analyses the proposal against the requirements of Class AA
.
|
|
Development is
not permitted by Class A if:
|
Complies?
|
|
a
|
Above ground level, the building is less
than 3 storeys in height
|
Yes
|
|
b
|
The building was constructed before 1st
July 1948, or after 5th March 2018
|
Yes
|
|
c
|
On 5th March 2018 the building
was in a use other than-
i) a use or mixed use
ii) a use falling within class C3 of the
Schedule of the UCO.
|
Yes
|
|
d
|
The additional storeys are constructed
other than on the principle part of the building
|
Yes
|
|
e
|
The floor to ceiling height of any
additional storey is
i) More than 3 metres in height, or
ii) More than the floor to ceiling height
of any of the existing
storeys
Whichever is lesser where such heights are
measured internally
|
Yes
|
|
f
|
The new dwelling houses are not flats
|
Yes
|
|
g
|
The overall height of the roof of the
extended building would be
greater than 7 metres higher than the
highest part of the existing roof (not including existing
plant).
|
Yes
|
|
h
|
The extended building (not including plant)
would be greater than 30 metres in height
|
Yes
|
|
i
|
Development under Class AA(1)(a) would
include the provision of visible support structure on or attached
to the exterior of the building upon completion of the
development
|
Yes
|
|
j
|
Development under Class AA(1)(a) would
include engineering operations other than works to:
i) strengthen existing walls;
ii) strengthen existing foundations: or
iii) install or replace water, drainage,
electricity, gas or other services.
|
Yes
|
|
k
|
In the case of Class AA(1)(b) development
there is no existing plant on the building
|
Yes
|
|
l
|
In the case of Class AA(1)(b)
development (works replacing or for new plant) the height of any
replaced or additional plant is no higher than any existing
plant.
|
Yes (no plant proposed)
|
|
m
|
In the case of Class AA(1)(c) development
(works to the access, doors etc) would extend beyond the curtilage
of the existing building
|
Yes
|
|
n
|
In the case of Class AA(1)(d) development
would;
i) Extend beyond the curtilage of the
existing building.
ii) be situated on land forward of a wall
forming a principal elevation of the existing building: or
iii) be situated on land forward of a wall
fronting a highway and forming a side elevation of the existing
building; or
|
Yes
|
|
o
|
The land or site on which the building is
located, is or forms part of:
i) article 2(3) (conservation areas,
AONB’s etc) land:
ii) site of special scientific interest
iii) a listed building or land within its
curtilage
iv) a scheduled monument or land within its
curtilage
v) a safety hazard zone
vi) a military explosives storage area:
or
vii) land within 3 km of the perimeter of
an aerodrome.
|
Yes
|
9.7 As the application site is
considered to be in a mixed commercial and residential use it
therefore falls within a use specified by sub paragraph (2). In
addition, from the analysis above, the application is considered to
meet the requirements of AA.1 and is therefore considered to be
permitted development.
9.8 However, under paragraph AA.2,
before beginning the development the developer must apply to the
local planning authority for prior approval for:
a) transport
and highway implications,
b) air
traffic and defence asset impacts of the development
c)
contamination risks in relation to the development
d) flooding
risks in relation to the development
e) the
external appearance of the building, including-
i.
the principal elevation; and
ii.
any side elevation that fronts a highway; and
f) the
impact of any works permitted by sub paragraph (1) or (d) of Class
AA.
g) provision
of adequate natural light in all habitable rooms of the new
dwelling houses
h) impact
upon the amenity of existing building and neighbouring premises
including overlooking, privacy, and the loss of light
i)
impacts of noise from any commercial premises on the intended
occupiers of the new dwellings houses
j)
impacts of the introduction of or an increase in, a residential use
of premises in the area on the carrying out if any trade, business
or other use of land in the area;
k) whether,
because of the siting of the building, the development will impact
on a protected view identified in the Directions Relating to
Protected Vistas dated 15th March 2012 issued by the
Secretary of State.
9.9 These are assessed in turn
below.
ii.
Transport and Highway
Implications
9.10 Strict
adherence to Table 6 of the Parking Standards SPD (March 2016)
would require 8 additional parking spaces for residents and 1
additional parking space for visitors. No additional parking has
been proposed as part of this proposal.
9.11 However, the
applicants have provided a Transport Statement which has been
considered. This sets out the current parking allocation for the
existing leases of the apartments as 1 car parking space per
apartment, and that 6 car parking spaces are allocated to the
existing retail units. The remaining 8 spaces within the car park
are currently unallocated. Overnight parking surveys have also been
undertaken, indicating that the number of occupied residential
spaces accords with the allocation of 1 space per
apartment.
9.12 The applicant has therefore
proposed to allocate 1 space for each of the proposed additional
apartments, consistent with the existing site allocation. The
existing number of spaces allocated to the retail units would be
retained. This would reduce the unallocated number of spaces within
the car park to 3, for use by visitors. The applicant has also
provided parking surveys of the local area, and these surveys
indicate that there is capacity in the event that there is
overnight overspill visitor parking from the development.
Accordingly, the Highway Authority raises no objection to the
proposed development subject to conditions being
imposed.
9.13 A similar argument was used
at 1-9 High Street Crowthorne (ref: 15/01261/FUL). This application
was refused and taken to appeal on the basis that insufficient
on-site parking was provided. The appellants submitted a transport
statement which demonstrated sufficient capacity within the
surrounding streets using the Lambeth Method, and the appeal was
subsequently allowed by the Planning Inspectorate.
9.14 The evidence presented,
regarding the current allocation of 1 space per apartment, linked
with the proposal which would allocate 1 space for each of the new
apartments, maintain the number of retail spaces, and provide 3
visitor spaces demonstrates to the satisfaction of the Highway
Authority that the proposal would operate without impact on highway
safety. Without evidence to the contrary demonstrating that on-site
parking at a level below the Parking Standards SPD would result in
an on-street parking problem within the area, there are no highway
safety concerns regarding parking.
9.15 In terms of trips and the additional
traffic on the highway, the proposal is expected to generate
between 12 and 19 trips daily, and 2 vehicular trips during each of
the morning and evening peak hours. This is considered to be
negligible in the context of the daily flow on neighbouring streets
and would be imperceptible around daily variations in
traffic.
9.16 The proposal is therefore considered to
comply with Policy CS23 of the Core Strategy DPD and M9 of the
Bracknell Borough Local Plan.
iii.
Air traffic and defence assets impacts of development
9.17 There are no
defence bases which would be affected and the building is too low
to affect air traffic.
iv. Contamination risks in
relation to the development
9.18 As the proposal is for the addition of a
storey, there is no contaminated land concern.
v. Flooding risks in
relation to the development
9.19 The site is
within Flood Zone 1 and there are no records of flooding being
reported to the Council.
9.20 Objections
have reported that the lower area of the carpark is prone to
flooding at times of heavy rain. However, the evidence is
circumstantial and could be due to poor maintenance and not an
inherent flooding issues which may prevent this application. As
such there are no flooding concerns associated with this proposal.
vi. The external
appearance of the building
9.21 Policies CS7
of the CSDPD and EN20 of the BFBLP support proposals which are
appropriate in scale, mass design and materials.
9.22 The proposal
is designed as a traditional mansard, set back behind a parapet
with lead or zinc covered cheeks to the dormers. The proposal
is therefore designed as a traditional mansard extension resulting
in a minimal increase in height of 1.0m from the previously pitched
roof design (previous maximum height was 10.8m, whilst the proposed
is 11.8m).
9.23 As such it is
considered that the proposal is of an appropriate design which
would not detract from the appearance of the host dwelling. As such
there are no objections raised in terms of design.
9.24 Objections
have been raised on the grounds that the proposal would be out of
character with the surrounding area. This
matter falls outside the considerations set out within the GPDO and
therefore cannot be a consideration of this
application.
vii. Impact of any works
permitted by sub paragraph (1)(C) or (d) of Class AA
9.25 Sub paragraph
(1) (d) relate to works for the construction of appropoiate safe
access to and egress from the new dwelling houses including
external doors or staircases.
9.26 Sub paragraph
(1) (d) relate to ancillary structures considered to be reasonably
necessary to service the new dwelling houses. Such as bin or cycle
stores.
9.27 No new
structures are required in relation to sub paragraph (1) (c). The
current bin store would be extended slightly to accommodate the
required number of waste containers and bins. This is considered
acceptable as the design and appearance matches the existing.
Additional covers cycle storage is to be provided located against
the eastern boundary, again, this is considered
acceptable.
viii. Provision of adequate
natural light in all habitable rooms of the new dwelling
houses
9.28 All of the
habitable rooms to the proposed new residential units have external
windows of a suitable size providing adequate natural light into
each habitable room. There are no objections on these
grounds.
ix.
Impact upon the amenity of existing
building and neighbouring premises including overlooking, privacy,
and the loss of light
9.29
The nearest residential properties to the proposal are 1 Thornton
Mews, located to the east of the proposal, properties within Twelve
Trees House located to the north and the flats opposite.
1 Thornton
Mews.
9.30
This dwelling is located on slightly higher ground, approximately
20m from the built form of the proposal, with the car park
separating Parkfield House and the garden and property of 1
Thornton Mews. The side elevation of 1 Thornton Mews faces the
application site. 1 Thornton Mews has a single storey rear
projection with patio doors which face the application site. Window
to window there would be a separation distance of 24.5m between the
patio doors and the windows to the proposed flats and between 20
and 21.5m to the boundary and garden.
9.31
The Design SPD provides guidance on what separation distances
should be achieved to ensure reasonable levels of privacy, with 22m
between facing widows of two storey properties being acceptable,
but 30m should be sought for windows above first floor level.
9.32
There are already windows at second floor at a distance of 22.8m
from the ground floor window in Thornton Mews. The proposed third
floor window would be set back from the elevation by 1.5m
increasing the separation distance to 24.5m at this height. It is
considered that given the existing relationship, and the additional
set back there would not be a significant increase in overlooking
to result in a refusal of permission.
9.33
A separation distance of 20m to the garden is considered
acceptable.
9.34
In addition a loss of light assessment has been undertaken in
accordance with the BRE Site layout and planning for daylight and
Sunlight – a guide to good practice. This demonstrates that
there would be no significant loss of light to the habitable room
served by the patio doors.
Twelve Trees
House
9.35
The south elevation of Twelve Trees House faces the northern
elevatioin of Parkfield House. Between the two elevations there is
a distance of 12m across Cambridge Road. The Design SPD states that
for facing windows across a street, a seperation distance of 12m is
acceptable. As with the case of Thornton Mews, there will already
be a degree of overlooking. As the distance between the windows
meets the guidance and there will not be any significnat increase
in ovelooking from the proposal, given the existing situation,
there is no objection to the proposal on overlooking grounds.
9.36
A loss of light assessment shows that a line drawn at 25 degrees
from the centre of the facing window towards the proposal would not
intersect with the propsoal and would not detrimentally affect the
lowest windows serving habitable rooms within Tweleve Trees
House.
Flats above
the Library and on the west side of the High Street.
9.37
Opposite the High Street there are residential flats above
Crowthorne Library and above the commercial properties on High
Street. Again, as the ground floor is the library or
commercial, the loss of light assessment is taken from the first
floor windows, and the proposal does not intersect the 25 degree
line.
9.38
In terms of distances between the facing windows there is a
distance between 16m and 13.5m, above the minimum separation
distance of 12m. Accordingly it is not considered that there would
be a significant loss of privacy or amenity.
9.39
Given the above it is considered that the proposal is acceptable in
terms of the impact on the amenity of neighbouring premises.
x. Impacts of noise from any
commercial premises on the intended occupiers of the new dwellings
houses
9.40
The Environmental Health Officer has commented that given the
principle of residential dwellings above the commercial ground
floor use is already established and those commercial uses below
are currently fairly low risk in terms of noise nuisance impacts.
According there is no objection on these grounds.
xi. Impacts of the introduction of or
an increase in, a residential use of premises in the area on the
carrying on of any trade, business or other use of land in the
area.
9.41
As above there are no objections from the Environmental Health
Officer given the mix of commercial and residential uses already in
the area.
xii. Whether, because of the siting of
the building, the development will impact on a protected view
identified in the Directions Relating to Protected Vistas dated
15th March 2012 issued by the Secretary of
State.
9.42
There are no protected views that the proposal would impact
upon.
xiv. Other issues
Thames Basin Heaths
SPA
9.43 The
application site is within 5km of the SPA.
9.44 The GPDO is an
order which grants permission for development subject to the
conditions set out within the document and any the decision taker
may impose. Under Article 3(1) of the General Permitted Development
Order and regulations 73 to 76 of the Conservation of Habitats and
Species Regulations 2017, a development must not be begun or
continued before the developer has received written notice of the
approval of the local planning authority.
9.45 The
requirement for written approval of the Council prior to the
commencement of development is therefore embedded in legislation
that seeks to protect the integrity and features of the protected
species. Accordingly, this aspect of the process falls out of the
prior approval regime.
Air Quality
9.46 The Crowthorne
Neighbourhood Plan Policy CR9 requires proposals for new
development to demonstrate how air quality improvement will be
achieved. This matter falls outside the considerations set out
within the GPDO and therefore cannot be a consideration of this
application.
Disruption during building
works
9.47 Objections
have been raised regarding the noise disturbance, dust and use of
the parking spaces during building works of the current residents
in Parkfield House,
9.48 Development
permitted under Class AA is subject to certain conditions
including:
Any development under Class AA is permitted
subject to the condition that before beginning the development, the
developer must provide the local planning authority with a report
for the management of the construction of the development, which
sets out the proposed development hours of operation and how any
adverse impact of noise, dust, vibration and traffic on occupiers
of the building and adjoining owners or occupiers will be
mitigated.
9.49 However this
does not require the report to be approved by the local planning
authority or for the development to be undertaken in accordance
with report. Accordingly, a condition is imposed to ensure that the
local planning authority agree the details and the construction
work is undertaken in accordance with the approved scheme to ensure
that as much mitigation as practically possible is provided for
existing residents.
10.
CONCLUSIONS
10.1 This is an
application for prior approval under Schedule 2, Part 20, Class AA
of the General Permitted Development Order. Under the application,
the Local Planning Authority can only consider a limited number of
considerations, as set out above.
10.2 The proposal would
increase the number of units and would therefore have a requirement
for 9 additional parking spaces in accordance with the Parking
Standards SPD. None have been provided, but a transport statement
has demonstrated that there was sufficient on-street parking within
the vicinity of the site so that the lack of on-site parking would
not result in poor parking to cause a highway safety issue.
10.3 Design
considerations are limited to the impact upon the building, and not
the wider character it is therefore considered that the proposal
would not detrimentally detract from the character or appearance of
the existing building and is therefore acceptable.
10.4 In addition the
proposal has been assessed for its impact on neighbouring and
adjoining existing residents. It is concluded that there would be
no significant increase in overlooking or loss of amenity to the
neighbouring residents.
10.5 It is therefore considered that the
proposed development complies with ‘Saved’ policies M9,
and EN20 of the BFBLP, Policies CS7 and CS23 of the CSDPD and the
NPPF. Accordingly, the application is considered to comply with
Part 20, Class AA of the GPDO, subject to the conditions within
AA.2. of Part 20 Class AA and therefore the recommendation is to
grant the Prior Approval.
11.
RECOMMENDATION
11.1
The recommendation is to
delegate to the Assistant Director: Planning to grant prior
approval subject to the following conditions:-
01. The
development hereby permitted shall be carried out only in
accordance with the following approved plans and other submitted
details:
1151P 01B (Location Plan) dated 28.06.21
1151P 300 (refuse and recycling store) dated 23.04.21
1151P 201B (Proposed Block/ Ground floor plan) dated
25.03.21
1151P 202A (Proposed 2nd Floor Plan 25.03.21
1151P 203C (Proposed 3rd Floor Plan 14.06.21
1151P 204A (Proposed roof Plan) 25.03.21
1151P 210B (Proposed West elevation) 25.03.21
1151P 211A (Proposed North Elevation) 25.03.21
1151P 213B (Proposed South elevation) 25.03.21
1151P 212C (Proposed East elevation 14.06.21
1151P 214 (Proposed section a-a) 14.06.21
Cycle Store details (bikedock product images)
REASON: To ensure that the development is carried out only as
approved by the Local Planning Authority.
02. No
development shall take place until samples of the materials to be
used in the construction of the external surfaces of the
development hereby permitted have been submitted to and approved in
writing by the Local Planning Authority. The development
shall be carried out in accordance with the approved
details.
REASON: In the interests of the visual amenities of the
area.
[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
03. The
allocation of car parking spaces within the site shall be as
follows:
(a) 21 allocated car parking spaces for 21 residential flats, with
1 space allocated per flat;
(b) 6 allocated retail car parking spaces for the four retail
units, with 1 space allocated per retail unit and 2 unallocated
retail spaces; and
(c) 3 visitor car parking spaces for the 21 residential
flats.
No development shall take place until details of the signing for
the spaces has 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]
04. Prior to
the occupation of the proposal, details shall be submitted to and
approved in writing by the Local Planning Authority of screening to
be installed on the eastern end of the balcony to flat 22 as
showing on drawing 1151P 203C. The screening shall be installed as
approved prior to the occupation of this flat and shall thereafter
be retained.
REASON: To protect the amenities of neighbouring
residents
[Relevant Policies: BFBLP EN20]
05. The 'green
roofs’ shown on drawing 1151P 203C shall at no time be used
as a terrace.
REASON: To protect the amenities of neighboring
residents
[Relevant Policies: BFBLP EN20]
06. Prior to the
commencement of development a scheme shall be submitted to and
approved in writing by the Local planning authority demonstrating
how the effects of construction will be mitigated. The scheme shall
include:
(a) hours of construction operation
(b) how adverse impacts of noise, dust and vibration on
occupiers of the building and adjoining occupiers will be
mitigated.
(c) How the site shall be set out to enable storage of
materials, welfare facilities, loading and unloading of plant and
materials and parking of site operatives.
(d) Parking and access for residents during
construction.
The scheme shall be implemented as approved.
REASON: To protect the amenities of neighboring residents and
highway safety
[Relevant Policies: BFBLP EN20, M9, Core Strategy DPD CS23.
]
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. Your attention is
drawn to the conditions under Schedule 2, Part 20, Class AA, of the
GPDO, which must be complied with. This includes details of the
mitigation proposed to protect existing residents during the
construction process and to complete the proposal within 3 years of
the date of the prior approval permission.
03.
Under Article 3(1) of the General Permitted Development Order and
regulations 73 to 76 of the Conservation of Habitats and Species
Regulations 2017, a development must not be begun or continued
before the developer has received written notice of the approval of
the local planning authority. This will require the LPA to
undertake an appropriate assessment and the applicant will be
required to enter into a legal agreement to secure the relevant
mitigation. Further information can be obtained from:
Thames Basin Heaths SPA Supplementary Planning Document | Bracknell
Forest Council (bracknell-forest.gov.uk)
Doc.
Ref:Uniform
7/DC/Agenda
The application
file to which this report relates can be viewed on-line at the
Council's Time Square office during office hours or online at
www.bracknell-forest.gov.uk
